Early Release from Probation in Texas - Article 42.12 Section 20 Texas Code of Criminal Procedure

Article 42.12. Section 20. Reduction or Termination of Community Supervision

(a) At any time, after the defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is less, the period of community supervision may be reduced or terminated by the judge. Upon the satisfactory fulfillment of the conditions of community supervision, and the expiration of the period of community supervision, the judge, by order duly entered, shall amend or modify the original sentence imposed, if necessary, to conform to the community supervision period and shall discharge the defendant. If the judge discharges the defendant under this section, the judge may set aside the verdict or permit the defendant to withdraw his plea, and shall dismiss the accusation, complaint, information or indictment against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted or to which he has pleaded guilty, except that:

     (1) proof of the conviction or plea of guilty shall be made known to the judge should the defendant again be convicted of any criminal offense; and

     (2) if the defendant is an applicant for a license or is a licensee under Chapter 42, Human Resources Code, the Texas Department of Human Services may consider the fact that the defendant previously has received community supervision under this article in issuing, renewing, denying, or revoking a license under that chapter.

(b) This section does not apply to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, a defendant convicted of an offense for which on conviction registration as a sex offender is required under Chapter 62, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, or a defendant convicted of an offense punishable as a state jail felony.

[See also Applying for Early Release in Texas]

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Comments (19) Read through and enter the discussion with the form at the end
mark - February 11, 2008 4:37 PM

I noticed this states:
(b) This section does not apply to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, a defendant convicted of an offense for which on conviction registration as a sex offender is required under Chapter 62, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, or a defendant convicted of an offense punishable as a state jail felony.

If you are deffered adjudicated that is not a conviction. So can a sex offender on deffered adjudication get off at 1/3 the probation?

JEANNINE MILLER - February 15, 2008 10:04 PM

Where may I obtain a Time Reduction Form. My niece is incarcerated in Texas, and she believes that she is eligible under this ruling. Thank you. Jeannine Miller

Carl - September 9, 2008 7:24 PM

I'm trying to find the forms for early term. from probation, does that pretty much reqiure going to the law libaray to obtain the proper forms?

Thomas J Williams Jr - January 20, 2009 8:46 AM

I have been on Probation for 10yrs for a 10yr intoxiated assault charge in Dallas Tx. I transfered my probation to Tampa Fl area, and i have completed all steps in my probation. I have contacted my Intestate probation officer in Dallas Tx. She advised me I will need a lawyer to write a letter to the judge to get me off probation early. I need to know what steps to take and whats the cost. My number is 813-626-1750 Thanks

Pamela Woods - February 18, 2009 2:42 PM

`i have a questipn! what about those who want to futher there career,who already have a CNA and want to become a LVN and is on defered for 6 years is there any thing the court can do to help me.I have applied to coolege and have taken the TABE test and have completed my GED and have been working very hard to take care of my family is there nothing that can be done? Do I have to do a 1/3 of my probation befor i can be released from probation Does any one know

William Crockett - March 20, 2009 2:05 PM

I have been on deffered adjudicated probation for 7 years out of 10 year sentence for a sex offense when I was 18 involving a 15 year old female. I have completed 2/3rds of my sentence. Would I be eligible for this early release? I'm already in contact with the state office for clemency and pardons in order to have my history expunged. I really need help. I have been out of work for 6 months because of rules placed on me by my probation department. The D.A. has tried to revoke my probation 4 times over very rediculous things. One of which being, verbal contact with minors 2 months after I was placed on probation which was brought to thier attention only through a polygraph test which by the way isn't 100% accurate and isn't admissible in court. All I did was say hi like a gentleman and now since the polygraph tests I admitted that I spoke to a minor. polygraph tests don't work. Furthermore they are only a scare tactic to get you to spill your guts about anything you have possibly ever done wrong, illegal or not. I thank you for your time and prey that you get intouch with me with haste.

Jim Shelton - January 1, 2010 7:39 AM

I have been on probation for 39 mo.of 6yrs prob.on an 8yr sentence for Intoxication Assault.I have done rehab,an alcohol class,as well as a multiple offender(which I'm not)alcohol class.I was also required to do 160hrs community service,but I did 2yrs just to show a"willingness to comply".Ive never been late with a prob.payment or for a PO.visit.I was told,by probation,that Texas law now says that a person on probation for a crime that is drug,alcohol or sex related cannot receive an early release.Is this true?Ive been on it since 9/27/'06,I'm 63 yrs old and I'm tired of living under a microscope.Thank you for taking the time to look at this. Jim

William Brewer - February 5, 2010 4:26 PM

I recently submitted a petition for early discharge to the Distric court. The D. Judge then sends me a letter saying he cannot consider my request until the appropriate motion is filed. The Distric court says there is no motion at least not one they will give me! I looked it up online copied the formatt exactly and submitted my petition. Why is this judge not letting me do this prose?

William Brewer - February 5, 2010 4:27 PM

I recently submitted a petition for early discharge to the Distric court. The D. Judge then sends me a letter saying he cannot consider my request until the appropriate motion is filed. The Distric court says there is no motion at least not one they will give me! I looked it up online copied the formatt exactly and submitted my petition. Why is this judge not letting me do this prose?

Randy - February 22, 2010 6:46 PM

The judge wrote me a dimiss of plea to refrence of this article and the d clerks did not file it with the state. I have been off probation for 3 years I also served all 5 years I was sentinced to I would like to know does this letter when filed properly give me my civil rights back and does it seal my record? I would really like to be able to have this knowlage thanks Randy

Sonny Stalinsky - April 16, 2010 7:14 PM

I have been on felony probation for many years now. I am out of Montgomery County. I started out on deferred probation, but was revocated and placed on regular probation. I know that early termination is possible on deferred, but is it on straight probation? My charge is Arson, 2nd degree.

Michael Tobin - April 21, 2010 1:43 PM

I am currently trying to get a motion for early termination from probation. I have completed all my requirements according to Article 42.12, Section 20 of the Texas code. I want to know which forms I need to file and where can I aquire them. Thank you for your assistance.

Alice Patton - April 24, 2010 1:47 PM

I am continually ordered out of TDCJ under the Mandatory Release Law I want to finish my sentence but am being denied. I have no new charges. It has been 30 years on a 20 year sentence. What can I do to get my sentence ended?

Mark Warny - July 18, 2010 9:00 AM

Please see mark - February 11, 2008 4:37 PM. It ends:

If you are deffered adjudicated that is not a conviction. So can a sex offender on deffered adjudication get off at 1/3 the probation?

Is there an answer to this question anywhere on the site?

Thanks- A different Mark

jim - April 11, 2011 10:43 AM

I would also like an anwser to marks question can a defered adjudicated sex offender be released from probation after completing all conditions of probation in a 1/3 of the sentence

Tim - March 5, 2013 1:38 PM

I am looking for the same information as Mark and Jim. My wife has completed 6 years of her 10 year probation, is registered, has completed all her counseling and community service and is now trying to ask for early termination. Is it allowed?

Shane - June 18, 2013 2:21 PM

I am also looking for the same information as Mark, Jim and Tim.

Kelly Clover - March 27, 2014 3:19 PM

A few months ago I got the shaft from Higbee and Associates, a heavily advertised law firm specializing in expunctions. They badly botched the single most important procedure: Finding the records needed to file for expunction. They insisted on retaining $200 after wasting my time and accomplishing nothing. I was trying to get a 1970 arrest on extortion charges expunged.
I later decided to do it myself. I first went thru the time-consuming process of getting the FBI report. I learned that all of their information came from the Dallas Police Department. It specified a case number. I got as much relevant information from them as I could and then got my Texas Department of Public Safety report. I filed for expunction on March 10th admitting that I didn't know the bond number or the name of the prosecutor.
The judge scheduled a hearing on the petition for April 11th.

Lisa - May 25, 2014 7:34 AM

I am currently on probation (10yr not deferred).all fees ,fines classes, community service hours complete or paid.never had a dirty UA. .have kept the same place of employment since I was released(9mth state jail,SAFPF and10yr probation was my sentence)started min wage now asst mgr .At the mandatory 5yr review my probation officer recommended me for early release. The judge has NEVER let anyone off, no matter how well they are doing. He doesn't believe in it at all. they sent me a letter of denial but stated I could retain a lawyer and try again. The state requires the mandatory review for a reason,how can the judge NOT base his decision on the review and facts but only his beliefs. HELP

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