Section 410.90. Termination of sentence  


Latest version.
  • 1.  The  court may at any time terminate either a period of probation,
      other than a period of lifetime probation, for conviction to a crime  or
      a period of conditional discharge for an offense.
        2.  The  court may terminate a period of probation for a person who is
      subject to lifetime probation and who has been  on  unrevoked  probation
      for at least five consecutive years.
        3.  (a)  The court shall grant a request for termination of a sentence
      of probation under this section when, having regard to the  conduct  and
      condition of the probationer, the court is of the opinion that:
        (i) the probationer is no longer in need of such guidance, training or
      other assistance which would otherwise be administered through probation
      supervision;
        (ii)  the  probationer  has  diligently  complied  with  the terms and
      conditions of the sentence of probation; and
        (iii) the termination of the sentence of probation is not  adverse  to
      the protection of the public.
        No  such  termination  shall  be granted unless the court is satisfied
      that the probationer, who is otherwise financially able to  comply  with
      an  order  of restitution or reparation, has made a good faith effort to
      comply therewith.
        (b) The court shall grant a request for termination of a  sentence  of
      conditional  discharge  under  this  section  when, having regard to the
      conduct and condition of the defendant, the  court  is  of  the  opinion
      that:
        (i)   the  defendant  has  diligently  complied  with  the  terms  and
      conditions of the sentence of conditional discharge; and
        (ii) termination of the  sentence  of  conditional  discharge  is  not
      adverse to protection of the public.