I have received 5 yrs probation for a possession charge(2nd degree felony) in May 2004. I've gone to court in July 2006 for early termination because I was planning to join the U.S Army. The judge granted the motion for early termination of probation, but with conditions that I enlisted into the Army. Unfortunetly, I couldn't get into the Army because of the charges that I have, so I am stuck on probation. It has now been 7 months since I went to court for the early termination. I am planning to move to another state, my dilemma is if I should transfer the probation to the state I am planning to move to, or hire another attorney and go for early termination again. If I decide to transfer I would like to know the process and the time it takes? I am on good terms with my probation officer, but she is kind of new and couldn't provide me with the full information about transferring, but she's OK with me transferring or early termination, she's all for it. If I decide to go for early termination again, I can provide the court all the papers saying I at least tried to get into the Army, I would love to get off probation but there is a great possibility the judge would reject the motion. I just don't want to waste my time and money for nothing, my attorney said " It would be a gamble". It would be very helpful if someone could help me and give me any suggestions on my situation. THANK YOU FOR YOUR TIME.

P.S I am on straight probation, and I have completed everything the court ordered me to do(community service HRS, court fee, etc.). If I decide to go for early termination and the court grants it, could I do anything to wash this case away off my record?

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Originally Posted by chutebox

If I decide to go for early termination and the court grants it, could I do anything to wash this case away off my record?

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Hello chute:

Ask your PO to supply you with the WRITTEN policy for transferring probtion. It's OK that she doesn't know the rules. MOST hacks in the system don't know the rules. At least she'll know that you want to transfer, so she's not going to be surprised when she receives your request. This whole thing is about avoiding surprises.

Next; don't go yourself, but get a job and a place to live in the other state. Write the probation agency that will be doing your supervision. Introduce yourself. Tell them about your job, and your place to live. Tell them about your crime and how sorry you are. Tell them that you are about to request a transfer, and wanted to give them a heads up.

Then, make your request in writing to your present PO. Having read the rules, you'll KNOW that you meet the criteria. Therefore, in your application, DON'T ASK!! TELL them that you meet the criteria for transfer according to rule such and such... cite the rule.

A request formed in that manner will be awfully hard to turn down. If it IS turned down, you've got your ducks all lined up for an appeal.

excon

PS> Oh yeah. You want this off your record, too, doncha? Look up the law on expungment for your state. It'll probably take 10 years or so, before you become eligible.