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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23554
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have 7 months remaining on a 3 yr probation felony

Customer Question

I have 7 months remaining on a 3 yr probation felony conviction. Is it time to ask for a pardon, and if so what's my best option
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.

Hello,

No. While your case is open you cannot ask for a pardon. You must finish your case and also fully pay off restitution that you've been charged with, if any, before you can petition to get your felony pardoned. What you might be able to do is to get your probation terminated early in your favor, which would end your case. And then you'd be able to apply for a pardon.

A judge will usually consider a petition to terminate probation early when you have finished at least half of your requirements, if you also have fulfilled all of your special conditions, owe no fees and fines, and have always been in full compliance with the terms of your supervision.

The key to success with this petition, however, is whether your probation officer would to an early termination for you. If you speak to your PO and he or she agrees that you're a good candidate for an early release from probation, the judge will likely go along with it. If probation opposes it or remains silent, generally the judge will deny it.

So speak to the officer who is supervising you and tell him you'd like to apply for early termination. His or her response will tell you whether probation will stand behind you or not, though you can contact your lawyer and file a petition regardless.

Once you're done with probation, you don't need a lawyer to apply for a pardon. They are very difficult to get. You can learn more about them and here.