California Penal Code §1203.3 — Modification / Revocation of Probation
PC §1203.3 grants California courts continuing jurisdiction over probation. The court that granted probation may at any time — during the term of probation — revoke, modify, or terminate the probation, alter the conditions, or discharge the person from probation. §1203.3 is the statutory basis for motions to reduce probation length, remove burdensome conditions, secure early termination, and — after AB 1950 (2020) — bring probation terms into conformity with shorter statutory caps.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Modification / Revocation of Probation Cases in All LA County Courts
01 — Quick Facts
PC §1203.3 — Modification / Revocation of Probation at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §1203.3 — Court's Continuing Jurisdiction Over Probation |
| Code Type | Penal Code (PC) |
| Classification | Procedural — not a chargeable offense |
| Function | Authorizes court to modify, revoke, or terminate probation and alter conditions |
| Related Statutes | PC §1203.2 (revocation/violation); PC §1203.4 (expungement); PC §1203.9 (transfer of probation); AB 1950 (Cal. Stats. 2020, ch. 328) |
| AB 1950 Caps | Misdemeanor probation max 1 year; felony probation max 2 years (with specified exceptions) |
| Standing | Motion may be brought by defendant, probation officer, or prosecutor |
| Notice | PC §1203.3(b)(1) requires prior notice to prosecutor before modification |
| §17(b) | Companion §17(b) motion commonly combined at early-termination hearing |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §1203.3?
What Is California Penal Code §1203.3?
PC §1203.3 Reads:
"The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held."
— California Penal Code §1203.3(a)
PC §1203.3 is the sentencing court's ongoing authority to reshape probation while it is in effect. Typical §1203.3 motions include: (1) early termination of probation after substantial compliance, (2) modification of restrictive conditions (travel, work-permit, alcohol/drug testing, GPS), (3) reduction of the probation term to AB 1950 statutory caps (1 year misdemeanor / 2 years felony), (4) conversion of formal probation to summary probation, and (5) resolution of alleged violations short of full revocation. §1203.3(b) requires prior notice to the prosecutor and a hearing where either side requests one.
Why This Statute Matters
§1203.3 is the single most powerful post-plea tool for probationers. Early termination unlocks §1203.4 expungement, restores full firearm rights on eligible cases, and clears restraining-order limitations. AB 1950 has retroactively reduced probation terms for thousands of cases — a §1203.3 motion is the vehicle. Rubin Law, P.C. handles §1203.3 motions county-wide, coordinating with the assigned probation officer and prosecutor, and pairs them with §17(b) reduction and §1203.4 expungement in a single hearing where facts permit.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §1203.3
§1203.3 has no offense elements — the court applies a good-cause standard.
Currently on Probation
Motion is only available while probation remains in effect.
Substantial Compliance / Good Cause
Court evaluates the ends of justice, good conduct, reform, and compliance with terms.
Prior Notice to Prosecutor (§1203.3(b))
The moving party must give notice to the district attorney prior to modification of any term.
AB 1950 Retroactive Cap
For probation granted before AB 1950 (Jan 1 2021), §1203.3 motion is the vehicle to conform to the new 1-year misdemeanor / 2-year felony caps.
04 — Penalties
Penalties for PC §1203.3 Modification / Revocation of Probation in California
§1203.3 is a relief statute — the outcomes below are the possible orders on a granted motion.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Early Termination | PC §1203.3(a) | Probation terminated — case closed | Ends | N/A |
| Modification of Conditions | PC §1203.3(a) | Conditions altered (e.g. removed testing, travel, GPS) | Continues on modified terms | N/A |
| Reduction to Statutory Cap (AB 1950) | PC §1203.3 + AB 1950 | Probation term reduced to 1 year misd / 2 year felony | Continues shortened | N/A |
| Formal to Summary Conversion | PC §1203.3(a) | Formal probation ended; summary probation continues to term | Summary only | N/A |
Companion Motions Commonly Filed With §1203.3
PC §17(b) Reduction
PC §17(b)
Wobbler reduced to misdemeanor at termination hearing.
PC §1203.4 Expungement
PC §1203.4
Expungement filed at or immediately after early termination.
PC §1203.4a Expungement
PC §1203.4a
Where no probation granted, §1203.4a expungement.
SB 731 Sealing
PC §851.93 / §1203.425
Automatic and petition-based record sealing.
Practical Benefits of a Granted §1203.3 Motion
- Unlocks §1203.4 / §1203.4a expungement
- Ends stay-away, testing, and GPS conditions
- Restores travel and work flexibility
- Restores firearm rights on eligible cases
- Clears background checks for employment / licensing
- Ends probation-officer supervision
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §1203.3 Modification / Revocation of Probation Charges
Rubin Law, P.C. builds §1203.3 motions on the following pillars.
AB 1950 Retroactive Cap
Probation granted before Jan 1 2021 conformed to AB 1950 caps — 1 year misdemeanor / 2 years felony.
AB 1950
Substantial Compliance
Compliance letters, restitution paid in full, treatment completion, and employment / education records anchor the motion.
Compliance
Change in Circumstances
New employment, licensing, education, or family circumstances warrant condition modification.
Circumstances
DA Coordination
Pre-hearing coordination with assigned prosecutor increases grant rate.
DA
Companion §17(b) + §1203.4
Combining early termination with §17(b) reduction and §1203.4 expungement in one hearing.
Combined Relief
Violation Response
Alleged violations resolved via §1203.3 modification (rather than revocation) with reinstatement and modified terms.
Violation
Constitutional Sources
07 — Court Process
How PC §1203.3 Modification / Revocation of Probation Cases Move Through Los Angeles Courts
Typical §1203.3 motion flow in LA County.
- 1
Step 1 — Compliance Audit
Rubin Law reviews probation file, compliance records, and DA notes.
- 2
Step 2 — Motion Preparation
§1203.3 motion drafted with compliance evidence, declarations, and AB 1950 authority.
- 3
Step 3 — DA Notice / Meet-and-Confer
Prosecutor served per §1203.3(b); often stipulates or does not oppose.
- 4
Step 4 — Hearing
Court reviews the motion, hears any DA objection, and rules.
- 5
Step 5 — Order Entry
Order entered — termination, modification, or AB 1950 conformity.
- 6
Step 6 — Follow-Through
Companion §1203.4 or §17(b) filings; DMV / firearm / license restorations.
Los Angeles Courts That Handle PC §1203.3 Modification / Revocation of Probation Cases
§1203.3 motions are heard in the sentencing court.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Modification / Revocation of Probation Defense Attorney
Daniel S. Rubin has defended clients charged with modification / revocation of probation and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §1203.3 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Modification / Revocation of Probation Cases Throughout LA County
See our full Modification / Revocation of Probation defense practice
09 — FAQs
PC §1203.3 Modification / Revocation of Probation Questions — Los Angeles
What is PC §1203.3?
PC §1203.3 gives the sentencing court continuing authority to modify, revoke, or terminate probation and to alter its conditions. It is the statutory basis for early-termination and modification motions.
Can I get off probation early?
Yes — PC §1203.3 authorizes early termination when the ends of justice are served and the defendant's good conduct warrants it. Motions are commonly granted after substantial compliance, restitution, and no new offenses.
How does AB 1950 affect §1203.3?
AB 1950 (2021) capped most misdemeanor probation at 1 year and most felony probation at 2 years. §1203.3 is the vehicle to reduce older, longer probation terms to conform to AB 1950.
Do I need to notify the DA?
Yes. PC §1203.3(b)(1) requires prior notice to the district attorney before any modification of a probation term.
Can I remove conditions like GPS or testing?
Yes — §1203.3 authorizes modification of any probation condition on good cause. Common modifications include removing GPS, testing, travel restrictions, and stay-away orders.
Does §1203.3 expunge my record?
No — expungement is a separate proceeding under PC §1203.4 (probation completed) or §1203.4a (no probation). §1203.3 relief is typically paired with a §1203.4 motion.
Can DA oppose the motion?
Yes. The DA has standing to oppose. Well-prepared motions with compliance evidence and pre-hearing coordination overcome most objections.
Available 24/7 — Free Consultation
On Probation? Ask About §1203.3 Early Termination.
AB 1950 shortened California probation. §1203.3 is the vehicle to end probation early, remove burdensome conditions, and unlock expungement. Call (213) 723-2337.