Looks as though the statue requires that in a an early termination of probation the court SHALL dismiss the indictment and release him from all penalites and disabilities. Is that really what it means? I had always thought that the dismissal of the indictment happened only with the consent of the State. The answer will make a whopping big difference on our customary procedure.

Thanks.

You will need to read that entire section to get the full answer. First the judge must find that the defendant has satisfactorily completed the terms of the probation. If the conduct was marginal but not bad enough to warrant a motion to revoke the court could allow the probation to expire "unsatisfactorily" and take no further action. If the court finds that the terms of probation were fulfilled satisfactorily then the court MAY allow the defendant to withdraw his plea. This is discretionary with the court. However, if the court does allow the defendant to withdraw his plea (either early or after full term) then the court SHALL dismiss the indictment and release the defendant from the penalties and disabilities except for the two itemized liabilites. This does not, however, end there. The dismissal of the indictment does not qualify the defendant for expunction nor does it release the defendant that was on "straight" probation from Texas and Federal gun control statutes. Note that there are specific offenses that this does not apply to such as DWI, etc.

What is the statute number (HB) for Early Termination of Probation once certain conditions are met ?