Can you apply for early dismissal from probation while still paying restitution costs? 5 Answers as of September 01, 2011

You need to pay all restitution before you can get off probation and have your case expunged.

Unlikely. No Judge will terminate probation early when you haven't even finished the terms of your probation (i.e. restitution).

You can apply for termination of probation, reduction to a misdemeanor pursuant to penal code section 17(b), and expungement pursuant to penal code section 1203.4. However I am not aware of any judge that would grant the motion because it would require that the judge change the original order that you make certain payments. When a judge terminates probation the court loses jurisdiction or the right to control you or make you pay. The only exception would be if the judge made an unusual or extraordinary ruling regarding payments and the circumstances have changed. The best thing to do is get the payments in and then apply for termination.

Probably not. However, if you pay off the restitution early, the judge might terminate the probation early, depending on his or her attitude and your hopefully good performance on probation.

No. You cannot get probation terminated early when restitution is still owed.