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Getting Probation After a Conviction in San Francisco
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Getting Probation After a Conviction in San Francisco
If you’ve been convicted of a crime in San Francisco, probation may be an option instead of jail time. Probation allows you to stay in the community while being supervised instead of being locked up. It’s not guaranteed though – the judge has to decide if probation is appropriate based on the facts of your case.
There’s a few things that can help convince the judge to give you probation. The biggest one is having a clean record. First time offenders have a much better shot at getting probation compared to someone with a long rap sheet. The judge wants to see that this was hopefully a one-time lapse of judgement, not an ongoing pattern of criminal behavior.
Accepting responsibility for the crime and expressing remorse also goes a long way. No one wants to give probation to someone who thinks they did nothing wrong or blames the victim. Being apologetic shows the judge you understand the gravity of your actions and are committed to making better choices going forward.
Having a job, going to school, or family obligations that keep you tied to the community are also good things to mention. The judge doesn’t want to disrupt positive aspects of your life that help keep you on the straight and narrow. Being employed, getting an education, and providing for loved ones are goals probation aims to support.
In some cases, completing a rehab program prior to sentencing can help tip the scales in favor of probation. Whether it’s for drugs, alcohol, anger management, or another issue related to the crime, showing initiative to get treatment demonstrates you want to improve yourself and are ready to change.
It also helps to have people speak on your behalf and vouch for your character. Having family, friends, employers, clergy, and other community members write letters or testify about the good they see in you can impact the judge’s decision. He or she may be willing to take a chance on probation if you have a network of support.
Lastly, be willing to accept probation conditions like community service, restitution, counseling, drug testing, and other requirements. Fighting against the terms or acting like they’re unfair will hurt your chances. Embrace the accountability and structure probation provides to show you’re ready to follow the rules.
Formal vs Informal Probation
If granted probation, the judge will decide whether it’s formal or informal. Here’s the difference:
- Formal probation means checking in regularly with a probation officer who monitors your compliance. You may have to call in, report in-person, submit progress reports, etc. There are usually a lot more conditions too.
- Informal probation is more lenient and doesn’t require actively reporting to anyone. You just have to obey all laws and avoid any new violations for the duration. There are typically fewer additional terms.
Informal probation is reserved for very low-level crimes where the judge feels minimal supervision is needed. Anything considered serious will get formal probation. DUI charges almost always get formal probation, for example, because of the need to verify sobriety and attendance at DUI classes.
Length of Probation
How long probation lasts depends on a few factors:
- Misdemeanors – Informal probation is 1-2 years usually. Formal can be up to 3 years.
- Non-Violent Felonies – Formal probation ranges from 3-5 years typically.
- Violent Felonies – Formal probation is usually 5 years at a minimum.
- Sex Offenses – Formal probation starts at 5 years and can go up to 10 years.
The judge decides the exact length based on the facts of the case. They’ll consider the severity of the crime, your prior record, input from the probation department, and applicable laws that set probation terms for certain offenses.
Probation can be extended if you continually violate the conditions. So comply fully to finish probation on time and move on with your life.
Probation Violations & Revocation
You must strictly adhere to all probation terms, which will likely include:
- Obeying all laws
- Avoiding all illegal substances
- Reporting to your probation officer as directed
- Allowing home visits by your probation officer
- Completing community service hours
- Paying fines, fees, and victim restitution
- Completing counseling, treatment, education programs
- Submitting to drug/alcohol testing
- Obtaining approval for changes in residence or employment
- Not associating with known criminals, gang members, etc.
- Abiding by special terms like curfews, stay away orders, weapon prohibitions, etc.
Slip ups will be considered probation violations. Things like failed drug tests, missed appointments, new arrests, or not complying with a condition. Violations will lead to sanctions like community service, work project programs, short jail stays, mandatory treatment, or increased supervision.
Repeated or serious violations could result in probation being revoked altogether. That means you’ll have to serve the original sentence in jail or prison that was suspended when you got probation. So take the terms seriously!
Early Termination of Probation
It is possible in some cases to get off probation early if you have been compliant for a significant period of time. In San Francisco, you can petition the court for early termination after completing the following:
- 1 year of informal probation
- 2 years of formal misdemeanor probation
- 3 years of formal felony probation
The judge will review your performance on probation and has discretion whether or not to grant the request. Stellar compliance with all terms improves your chances. But there’s no guarantee – the judge may want you to complete the full sentence regardless.
Sealing Criminal Records After Probation
Many wonder if probation will stay on their record forever. The good news is you can petition to have your case sealed after successfully completing probation under Penal Code Section 1203.4. Sealing limits public access to the record without totally destroying it.
You become eligible to seal after finishing probation, provided no new charges have been filed. For misdemeanors, there is usually a 1 year waiting period after probation ends before you can apply. Felonies require waiting 3-5 years typically.
If granted, the conviction is sealed but not dismissed. It remains viewable by law enforcement and the courts, but not the general public like employers or landlords. Sealing restores some civil rights lost with a conviction as well.
For the best chance at record sealing, stay completely clean after probation. Any new violations will tank your petition. Consulting an attorney helps navigate the process smoothly.
Conclusion
Probation should not be taken lightly, but it represents a chance to serve your debt to society in the community. Take advantage of the opportunity by strictly following all conditions. With hard work and commitment to change, you can put the past behind and move forward with your life.