Criminal Defense Blog

How Do I Get My Probation to Non-Reporting?

Posted by Ryan Brown | Jul 15, 2019 | 0 Comments

We are oftentimes asked about non-reporting probation. Many people find the constant burden of checking in with probation and being subject to their whimsical demands and wishes to be incredibly burdensome (It is). With that in mind, we are often asked how people can get their probation switched to non-reporting probation. 

There are a couple of ways. First, your probation may automatically go to non-reporting (and it could be sooner than you think). Second, you may have to petition the court to conduct a hearing and consider allowing you to go to non-reporting probation.

Probation Automatically Converts to Non-Reporting

The general rule regarding probation is that active probation supervision ends no later than two years after probation begins. It is important to know that the judge can always extend this, or specifically prevent the probation from early termination when they hand down a sentence. Absent any special instructions or exceptions, however, your probation should switch to non-reporting after two years.

This transfer should be an automatic process. If you have been on reporting probation for over two years, or close to two years, then you should talk to your probation officer and see if non-reporting probation is in the cards for you. 

What do Sex Crime Convictions, Gang Convictions, and Restitution Payments All Have in Common?

They will prevent your probation from going to non-reporting. That's right. There are three types of convictions that will prevent your probation from switching to non-reporting. 

Sex Crime Convictions

When a conviction that requires the defendant to register on the state sexual offender registry probation supervision shall remain in effect until the court orders unsupervised probation, or until termination of the sentence, whichever first occurs.

So, when convicted of a sex crime that requires registration (most do) you have two options for escaping reporting probation. 1) Let your sentence expire - this could be decades, or 2) file a motion in the sentencing court requesting that the court issue an order permitting your probation to go to non-reporting.  

If you end up having to file a motion requesting the court issue such an order, you should be prepared for a fight. Judges have little incentive to grant these requests and it requires effective advocacy on your behalf to present to the court a compelling case as to why he or she should grant your request. 

Gang Charges

For a conviction under the "Georgia Street Gang Terrorism and Prevention Act," the period of active probation supervision shall remain in effect until the termination of the sentence, but shall not exceed five years unless as otherwise provided in this paragraph. 

There is an extended period of time for which the legislature permits active probation supervision following a conviction for gang charges. 

Restitution

If you are convicted of a crime that requires restitution (these are usually thefts and criminal damage to properties, but can be anything) the period of active probation supervision shall remain in effect for so long as a balance remains on your restitution, or until termination of the sentence, whichever first occurs. 

So, what does this mean? If you owe someone money following a conviction, then you are not eligible to go to non-reporting probation until all of that money is paid. This is something important to remember before pleading guilty to something like a theft or fraud charge that may call for thousands of dollars in restitution. 

Contact Us

Contact us if you are having any issue with your probation or its reporting status. Furthermore, if you think that you may need to have a motion filed on your behalf please contact us today so that we can help you. 

About the Author

Ryan Brown

Ryan Brown has always hated bullies. Growing up, Ryan took on bullies, fighting for those who needed his help. His parents always told him, "Never start a fight, but always defend yourself." When a prosecutor brings charges against you, they have picked a legal fight. You must defend yourself. P...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free Consultation

Ryan Brown is ready to begin defending you and your rights today. The best defense is one that begins as early as possible. Prosecutors don't take days off and neither should you. Let us get started. Call today for a free consultation.

Serving the Following Areas

Ryan Brown represents clients throughout the state. He primarily serves the following counties: Coweta, Carroll, Heard, Meriwether, Troup, Douglas, Haralson, Cobb, Paulding, Floyd, Fayette, Henry, Macon-Bibb, Fulton, Muscogee, Monroe, Polk, Spalding, Pike, Lamar, Upson, Butts, Walton, Newton, and Rockdale.

Copyright © 2019 Ryan Brown

This website if for general informational purposes only and is not to be considered legal advice. Each situation, case, and legal matter is unique and requires custom legal advice. Nothing communicated on this website or through this website constitutes an attorney-client privilege.

Menu