Lifetime probation is a sentence that can be imposed on individuals who have committed certain types of crimes, such as sex offenses. Lifetime probation can be a daunting prospect, as it means that the individual will be subject to government supervision for the rest of their life. However, it’s important to note that lifetime probation is not necessarily permanent. In many cases, you can petition the court requesting to get off lifetime probation after a period of time.

What is Lifetime Probation?

Lifetime probation is a type of probation that has no set end date. This means that the individual will be on probation for the rest of their life, unless the court orders otherwise. Lifetime probation is typically imposed on individuals who have committed serious crimes such as sex offenses or violent crimes. Probably my favorite quote about probation is that “a probationer is not a free man, but is subject to surveillance and to such restrictions as the court may impose.” Cooper v. United States, 91 F.2d 195 (5th Cir. 1937). With this perspective in mind, probationers usually want to do everything possible to seek relief from this oversight.

Can You Get Off Lifetime Probation?

Yes, it is possible to get off lifetime probation. In most cases, individuals are eligible to petition the court to terminate their probation after they have served a certain amount of time on probation and met all of the conditions of their probation. The specific requirements for terminating probation early vary from state to state, but some common factors that the court will consider include:

1. The length of time the person has been on probation.
2. The individuals compliance with the terms of their probation.
3. The individuals risk of recidivism.
4. The view of the victims.

A legal strategy sometimes employed before filing a motion to terminate probation is to seek the modification of existing probation terms. If the conditions of your lifetime probation are overly restrictive or no longer relevant to your situation, you can petition the court to modify them. Common modifications include adjusting curfew times, allowing travel for work, or family reasons, or reducing the frequency of probation officer check-ins.

When the court relaxes the terms of probation and learns compliance with probation has continued, there is a greater likelihood a subsequent motion seeking full probation termination will be granted.

How You Can Get Off Lifetime Probation

If you are interested in getting off lifetime probation, or modifying the existing terms of probation, consult with an experienced criminal defense attorney. An attorney can help you understand the specific requirements for terminating probation in your state and can represent you in court throughout the process.

To petition the court to terminate your probation, you will need to file a motion with the court. The motion should explain why you believe you should be taken off probation and should include evidence to support your claims. For example, you may want to introduce evidence of your good behavior on probation, your completion of any required treatment programs, and your low risk of recidivism.

Once you have filed your motion, the court will schedule a hearing to consider your request. At the hearing, you will have the opportunity to present your case to the judge. The judge will also hear from the prosecution and any other interested parties, such as the victim(s).

After the hearing, the judge will decide whether to terminate your probation. If the judge grants your petition, you will be released from probation and will no longer be subject to government supervision. However, if the judge denies your petition, you will remain on probation.

Tips To Get Off Lifetime Probation

Here are a few tips for increasing your chances of getting off lifetime probation:

1. An Experienced Attorney: Hire an experienced criminal defense attorney who has filed previous motions to terminate probation early. An attorney can help you understand the process for terminating probation and can represent you in court.
2. Compliance: Comply with all the terms of your probation. This includes things like paying all your fines and fees, completing any required treatment programs, and reporting to your probation officer as required.
3. Good Behavior: Maintaining a good record of behavior. This means staying out of trouble and avoiding criminal activity.
4. Recidivism Risk: Demonstrate that you have a low risk of recidivism using risk assessment test results. Also supply evidence of your employment, education, and involvement in the community.
5. Support Letters: Get letters of support from friends, family members, and other professionals. These letters can help the judge see that you are a good person who deserves a second chance.
6. Probation Officer Support: When feasible, ask the probation officer if they would be supportive, or object to, your petition to terminate probation early. Your most powerful advocate could be your probation officer.

My Final Thoughts

Lifetime probation is a serious sentence, but it is not necessarily permanent. If you are interested in getting off lifetime probation, the first step should be to consult with an experienced criminal defense attorney. An attorney can help you understand the process for terminating probation and can represent you in court throughout the process.

Remember that each case is unique, and the outcome depends on various factors including your jurisdiction’s laws and the specifics of your situation. By seeking legal advice and working diligently to meet probation requirements, you can increase your chances of successfully getting off lifetime probation and moving forward with your life.

Our book, The Colossal Book of Criminal Citations, has sections dedicated to criminal citations addressing the topics of Sex Offender Registration and Probation and Revocation. Our books are in stock, institution friendly, and ready for immediate shipping. Order your copy today or on behalf of someone who’s incarcerated.