Ending Probation Early: How to Qualify for Early Termination of Probation in Georgia

Under Georgia law, the court has the authority to discharge someone from probation at any time, provided it is in the interest of justice and the public good. This authority is discretionary, meaning a judge can use this benefit to motivate defendants who are making progress in rehabilitation. 

To get discharged from probation early, defendants must either file a motion or wait until a probation officer makes a recommendation for a motion to terminate probation early.

Automatic Review After Three Years

For sentences longer than three years, probation officers are required to review the case after the probationer has served three years. The officer submits a termination report to the court. 

Unless the prosecutor or court requests a hearing within 30 days, the court must issue an order terminating probation. This means law-abiding individuals who have paid restitution and complied with conditions can often end supervision without a formal hearing.

Qualified Offenses

Legislation enacted in 2021 (Senate Bill 105) created a streamlined process for “qualified offenses.” After the defendant has served three years and paid restitution, has not had a probation revocation in 24 months, and has no arrests other than a non-serious traffic offense, the Department of Community Supervision must submit an order for termination. The court must sign the order unless the prosecutor objects or the court sets a hearing.

Misdemeanor Sentences

Defendants serving consecutive misdemeanor sentences may file a motion for early termination after serving 12 months of probation and every four months thereafter. The court may terminate probation if it believes termination serves the ends of justice and the welfare of society. Probation officers are also required to review such cases and recommend termination when appropriate.

If you or a loved one is eligible for early termination of probation, our criminal defense attorneys can prepare and file the necessary motions and advocate for your release. Morris & Dean recognize that over-supervision can hamper reintegration. Our attorneys help clients petition for early termination by compiling records and advocating in court. 

Serving clients across Northwest Georgia and East Tennessee, we are committed to securing fair outcomes. We understand the factors judges consider and can present a strong case for ending supervision. Call us at 706-222-3790 to take the first step toward freedom.