California generally limits probation to one year for most misdemeanor offenses and two years for most felony offenses. However, important exceptions allow longer probation terms for certain crimes, so the maximum probation period depends on the particular conviction.
California significantly shortened probation terms when Assembly Bill 1950 took effect on January 1, 2021.
Before AB 1950, people convicted of many offenses could remain on probation for substantially longer periods.
Today, the general rule is:
- Most misdemeanors: probation generally may not exceed one year.
- Most felonies: probation generally may not exceed two years.
Those limits are important, but they do not apply to every California criminal conviction.
How Long Is Misdemeanor Probation in California?
Penal Code section 1203a generally limits misdemeanor probation to one year.
That means a person convicted of a misdemeanor covered by the general rule ordinarily should not receive the longer probation terms that were common under prior California law.
However, section 1203a contains exceptions.
If another statute specifies a particular probation period for the offense, or the conviction falls within another statutory exception, probation can extend beyond one year.
The exact offense therefore needs to be reviewed before assuming that the one-year limit applies.
How Long Is Felony Probation in California?
Penal Code section 1203.1 generally limits felony probation to two years.
Again, this is a general rule rather than an absolute rule.
Certain felony offenses are excluded from the two-year limit, and some crimes have their own probation requirements.
As a result, someone sentenced to felony probation should determine whether the conviction falls within the general two-year rule or one of its exceptions.
What Did AB 1950 Change?
Assembly Bill 1950 changed California law by substantially reducing the maximum probation period for most misdemeanor and felony offenses.
Before the change, misdemeanor probation could commonly last several years, while felony probation frequently lasted three to five years or longer depending on the offense.
AB 1950 generally reduced those periods to:
- One year for most misdemeanors
- Two years for most felonies
One purpose of the change was to reduce lengthy periods of supervision during which relatively minor violations could expose someone to additional court proceedings or incarceration.
Does Every California Crime Have a One- or Two-Year Probation Limit?
No.
This is one of the most important limitations of AB 1950.
California law contains exceptions that permit or require longer probation for certain offenses.
These can include:
- Offenses for which another statute specifies a particular probation period
- Certain violent felony offenses
- Certain theft, embezzlement, or fraud offenses involving substantial monetary losses
- Other offenses specifically excluded by California law
Because these exceptions can change the permissible probation period substantially, the exact statute of conviction matters.
Does AB 1950 Apply to Domestic Violence Probation?
Domestic violence cases require special attention because California has statutes that can prescribe probation conditions or periods different from the general misdemeanor rule.
A person convicted of a domestic violence offense should therefore not assume that misdemeanor probation automatically ends after one year merely because AB 1950 established a general one-year limit.
The specific conviction and sentencing statute must be reviewed.
For more information about these cases, visit our Fresno Domestic Violence Attorney page.
Does AB 1950 Apply to DUI Probation?
DUI cases also have offense-specific sentencing laws.
California DUI statutes can require probation terms that differ from AB 1950’s general one-year misdemeanor rule.
Someone convicted of DUI should therefore look to the sentencing requirements applicable to the particular DUI offense rather than assuming probation will last only one year.
For information about current DUI penalties, see our guide to California DUI penalties.
What Happens While You Are on Probation?
Probation allows a person to remain in the community subject to conditions imposed by the court.
Depending on the case, probation conditions can include:
- Obeying all laws
- Completing counseling, treatment, or educational programs
- Paying restitution
- Complying with search conditions
- Restrictions involving alcohol, drugs, firearms, or contact with particular people
- Reporting to a probation officer when formal supervision is ordered
- Other conditions reasonably related to the offense or rehabilitation
The conditions depend on the conviction and circumstances.
For more information, see our guide to common California probation conditions.
What Happens If You Violate Probation?
A suspected probation violation can return the case to court.
California courts have several options after finding a probation violation.
Depending on the circumstances, a judge may:
- Reinstate probation under the existing conditions
- Modify the conditions of probation
- Impose additional consequences
- Revoke and terminate probation
- Impose a sentence authorized by law
The seriousness of the alleged violation and the person’s prior performance on probation can affect the court’s decision.
For information about defending these proceedings, visit our Fresno Probation Violation Attorney page.
Can Probation Be Terminated Early?
Potentially.
Penal Code section 1203.3 gives California courts authority to terminate probation early when appropriate.
Early termination is not automatic.
A court may consider circumstances such as:
- Compliance with probation conditions
- Completion of required programs
- Payment of restitution and other obligations
- Rehabilitation
- Employment or educational needs
- The reason early termination is being requested
A person seeking post-conviction relief may sometimes request early termination of probation before pursuing a dismissal under Penal Code section 1203.4.
Can You Get an Expungement After Probation?
Many people become eligible to seek dismissal of a qualifying conviction after completing probation.
This process is commonly called expungement.
A California expungement does not erase the criminal record, but it can change the disposition of the case to show that the conviction was dismissed and can provide meaningful benefits.
In some circumstances, a person who is still on probation may ask the court to terminate probation early and then seek dismissal.
For more information, visit our Fresno Expungement & Post-Conviction Relief page.
Did AB 1950 Affect People Who Were Already on Probation?
Yes, AB 1950 affected many cases in which probation had been imposed before the law took effect.
California courts recognized that the shorter probation limits could apply retroactively to qualifying cases that were not yet final, and courts implemented procedures for addressing probation terms affected by the new law.
However, the same statutory exceptions apply.
Someone with an older probation order should therefore not assume that the term was automatically shortened without determining whether the conviction qualified for AB 1950’s general limits.
Why Does the Length of Probation Matter?
A shorter probation term can have significant consequences.
While a person remains on probation:
- The court retains authority over the probationary case
- A violation can result in additional proceedings
- Search conditions or other restrictions may remain in effect
- Travel or other activities may be restricted
- Certain post-conviction relief may be easier to pursue after probation ends
Knowing the correct expiration date can therefore be important.
How Do You Know When Your Probation Ends?
Do not assume that probation ended merely because one or two years have passed.
The correct expiration date depends on the sentencing order, offense, statutory exceptions, and any later court orders affecting probation.
Someone uncertain about probation status should review the court record rather than simply stop complying with probation conditions.
Talk to a Fresno Criminal Defense Attorney About Probation
California’s probation laws changed substantially under AB 1950, but the one-year and two-year limits do not apply to every offense.
Understanding the correct probation term can be especially important when facing an alleged violation or considering early termination and post-conviction relief.
Gregory W. Fox has more than 20 years of experience handling California criminal cases.
If you are facing an alleged probation violation or have questions about a California criminal case, visit our Fresno Probation Violation Attorney page or call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.