California probation lets a person convicted of a crime serve the sentence in the community under court-ordered conditions instead of behind bars. Most misdemeanor probation now caps at one year and most felony probation at two years, though violent felonies, domestic violence, DUI, large-dollar theft, and certain environmental offenses run longer. What you actually have to do, how closely you’re watched, and what happens if you slip depends on which of two systems you land in and what the judge writes into your order.
Formal vs. Summary Probation
California uses two systems, and which one applies to you depends mostly on whether your conviction is a felony or a misdemeanor.
Formal probation, sometimes called supervised probation, is the standard for felonies. A county probation officer is assigned to your case. You check in on a schedule the officer sets, the officer monitors compliance with every condition in the order, and you generally need approval before making major life changes like moving or changing jobs.
Summary probation, also called informal or court probation, is the typical arrangement for misdemeanors. No officer is assigned. You report directly to the court and are responsible for meeting the conditions on your own. If you finish the term without a new arrest or a violation, the court has no reason to pull you back in. The tradeoff is that no one is there to intervene before a small problem turns into a formal violation.
How Long California Probation Lasts
AB 1950 took effect on January 1, 2021 and cut probation terms substantially. Most misdemeanors now carry a maximum of one year on probation. Most felonies carry a maximum of two years.1California Legislative Information. California Penal Code 1203.1 – Probation
Several categories sit outside those caps:
- Violent felonies listed in Penal Code 667.5(c) can carry probation up to the maximum prison sentence available for the offense.1California Legislative Information. California Penal Code 1203.1 – Probation
- Domestic violence convictions under Penal Code 1203.097 require a minimum of 36 months, which overrides the two-year felony cap.
- DUI probation runs under Vehicle Code 23600 and is excluded from the AB 1950 limits.
- Felony employee theft, embezzlement, or filing false financial statements where the loss exceeds $25,000 can carry up to three years.
- Qualifying environmental offenses committed by business entities with more than ten employees can carry up to five years under Penal Code 1204.1, added in 2024.
Any offense whose own statute sets a probation length also falls outside the general caps. If you’re not sure whether your conviction is capped or exempt, the charging statute is where the answer lives.
What Conditions You Have to Follow
Penal Code 1203.1 lets the court impose any conditions reasonably related to the offense and to public safety. Nearly every probation order includes the same core rules: obey all laws, report any police contact, keep a residence, seek and keep employment, and get permission before leaving the county or state.1California Legislative Information. California Penal Code 1203.1 – Probation
On top of those, judges add conditions tailored to the crime. Common ones include search conditions that allow warrantless searches of your person, vehicle, or home; regular drug and alcohol testing; a fixed number of community service hours; stay-away orders keeping you from specific people or places; and restitution to any victim. Restitution is mandatory in most cases and stays in place even when other conditions are relaxed.
Conditions aren’t locked in for the whole term. A judge can loosen them if you’ve been compliant, or tighten them if new problems come up. Read the written order carefully when you get it, because most violations trace back to conditions the person forgot about or didn’t fully understand, not to new criminal conduct. Ask your attorney to walk through anything unclear before you leave the courthouse.
Domestic Violence Cases Have Their Own Rules
If your conviction involves domestic violence, Penal Code 1203.097 imposes a separate set of mandatory conditions, and they’re stricter than the standard package. The probation term runs at least 36 months whether the underlying offense is a misdemeanor or a felony. The court issues a criminal protective order that can bar contact with the victim and, in some cases, require you to stay away from a shared residence.2Chief Probation Officers of California. Domestic Violence Resource Guide for Probation
The centerpiece requirement is a batterer’s intervention program: at least 52 weeks of two-hour weekly classes, with no more than three absences allowed.2Chief Probation Officers of California. Domestic Violence Resource Guide for Probation A minimum fee of $500 also applies, though the court can reduce or waive it after a hearing on your ability to pay, and the program itself uses a sliding scale.3California Legislative Information. California Penal Code PEN 1203.097
Fees and Restitution
AB 177, effective January 1, 2022, wiped out most administrative probation fees. Charges like probation supervision fees, drug testing fees, and various processing charges can no longer be collected, and any unpaid balances from before the change became unenforceable.4County of San Diego. Notice of Changes to Certain Criminal Administrative Fees and Charges – Implementation of Assembly Bill 177
Restitution survived the reform because it goes to crime victims rather than to the government. Courts set the amount based on documented losses. The court cannot revoke your probation simply because you failed to pay unless it finds you had the ability to pay and willfully refused.5California Legislative Information. California Penal Code 1203.2 An outstanding restitution balance can still hurt you when you ask the court for early termination or dismissal of the conviction.
Violations and What Happens Next
Penal Code 1203.2 sets the process when a probation officer, the district attorney, or the court itself believes you’ve violated a condition. An officer with probable cause can arrest you without a warrant. The court can also issue a warrant or a summons to appear.5California Legislative Information. California Penal Code 1203.2
A revocation hearing works differently from a criminal trial. The prosecution only has to show that a violation more likely than not occurred, a lower bar than proof beyond a reasonable doubt. You still have the right to an attorney, to present evidence and witnesses, and to challenge the evidence against you. The California Supreme Court established those due process protections in People v. Vickers, applying the framework from Morrissey v. Brewer.6Justia Law. People v. Vickers
If the judge finds a violation, the response depends on how serious it is. The court can reinstate probation on the same terms, add stricter conditions, or revoke probation outright. Full revocation lets the court impose the original suspended sentence. If no sentence was formally imposed at the outset, the judge can now impose anything up to the maximum for the underlying offense.5California Legislative Information. California Penal Code 1203.2
For lower-level slips, California allows flash incarceration under Penal Code 1203.35: a short county jail stay of one to ten days, imposed as a quick consequence without a full revocation hearing. It only applies if you signed a written waiver at sentencing agreeing to accept it. You cannot be denied probation for refusing to sign that waiver, and you can also refuse a specific flash incarceration when it’s proposed, though the probation officer can then file a formal revocation petition instead.7California Legislative Information. California Penal Code PEN 1203.35
Ending Probation Early
Penal Code 1203.3 lets the court end probation before the full term runs. You or your attorney file a petition, and the court decides whether your “good conduct and reform” justify it. Judges typically want to see completed conditions, paid restitution, no new trouble, and stable employment and housing.8California Legislative Information. California Penal Code 1203.3
The prosecutor gets at least two days’ written notice to oppose. In domestic violence cases involving any change to a protective order, the notice period is five days, and if the victim has requested updates, the prosecutor must notify them.8California Legislative Information. California Penal Code 1203.3 If the court grants the petition, supervision ends when the discharge order issues. Early termination also opens the door to seeking a dismissal of the conviction itself.
Getting the Conviction Dismissed
Penal Code 1203.4 lets you petition to have the conviction dismissed after you finish probation or receive early termination. If the court grants it, you withdraw your plea or the guilty verdict is set aside, and the case is dismissed. People often call this expungement, though the mechanics differ from a true record erasure.9California Legislative Information. California Penal Code 1203.4
To qualify, you must have completed probation (or been discharged early), you can’t currently be serving a sentence or on probation for another offense, and you can’t have pending charges. The prosecutor gets 15 days’ notice. The court cannot deny the petition solely because you still owe restitution.9California Legislative Information. California Penal Code 1203.4
A 1203.4 dismissal has real limits. It does not restore firearm rights. You still have to disclose the conviction when applying for public office, state or local professional licenses, or California State Lottery Commission contracts. If you pick up new charges later, the prior can still be used against you at sentencing. Any unexpired criminal protective order stays in force. Certain sex offenses involving minors are not eligible for dismissal at all; the statute lists the excluded code sections.9California Legislative Information. California Penal Code 1203.4
Firearms After a Felony Conviction
A felony conviction triggers a lifetime firearm ban under Penal Code 29800. It applies to felony convictions from any jurisdiction, not only California, and covers guns in your home, in your car, or anywhere else under your control. Violating the ban is itself a felony.10California Legislative Information. California Penal Code 29800
Federal law adds another layer. Under 18 U.S.C. § 922(g)(1), anyone convicted of a crime punishable by more than a year in prison is prohibited from possessing firearms or ammunition, on or off probation.11Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts A 1203.4 dismissal does not lift either the state or the federal restriction. If someone in your household owns firearms, they need to be stored somewhere you cannot access.
Travel and Moving Out of State
Standard conditions keep you inside the county, or sometimes the state, unless your probation officer or the court approves travel. Short trips can usually be cleared through your officer directly. Anything longer takes more planning.
Permanent moves to another state run through the Interstate Compact for Adult Offender Supervision. To qualify for a mandatory transfer, you need more than 90 days left on probation, substantial compliance with your current terms, a valid reason for the move, and a supervision plan in the receiving state. The strongest cases involve someone who lived in the receiving state for at least one year continuously before the offense and intends to make it home again.12Interstate Commission for Adult Offender Supervision. Starting the Transfer Process Transfers outside those criteria are discretionary, and the receiving state can say no. Strong ties there, a concrete job offer, and a clean supervision record help.
International travel needs approval from both your probation officer and the court. If your conviction involved a drug offense where you crossed an international border, 22 U.S.C. § 2714 can result in your passport being denied or revoked for as long as you remain imprisoned or on supervised release.13Office of the Law Revision Counsel. 22 USC 2714 – Denial of Passports to Certain Convicted Drug Traffickers