Texas probation early termination under CCP § 42A.701

By Reggie London & Njeri LondonState Bar of Texas #24043514 · #24043266 · Reviewed June 6, 2026 · ~4 min read · 959 words

Texas Code of Criminal Procedure article 42A.701 lets a trial court terminate community supervision early once the defendant has completed at least one-third of the supervision period or two years (whichever is less). The court has discretion, certain offenses are ineligible, and the petition must show satisfactory performance.

What article 42A.701 actually says

Article 42A.701 of the Texas Code of Criminal Procedure authorizes a trial court — at any time after the defendant has satisfactorily completed one-third of the original community-supervision period or two years, whichever is less — to reduce or terminate community supervision.

The statute creates a discretionary, not mandatory, mechanism. The court "may" terminate; nothing requires it to do so. The defendant must affirmatively petition; the court does not act on its own.

Who is eligible for early termination

Eligibility is two-step: (1) the offense must not be on the disqualified list in article 42A.701(c)-(f); and (2) the defendant must have satisfied the time-served threshold.

Disqualified offenses include DWI (during the first two years of supervision under § 42A.701(c-1)), most state-jail-felony intoxication offenses, certain sex offenses, certain offenses against children, family-violence cases involving certain conditions, and capital cases.

For eligible offenses, the time-served threshold is one-third of the original supervision period OR two years, whichever is less. A defendant on five-year felony supervision becomes eligible at the two-year mark; a defendant on two-year misdemeanor supervision becomes eligible at eight months.

The DWI exception worth understanding

Article 42A.701(c-1) prohibits early termination during the first two years of any DWI-related community supervision. After two years, the court has discretion to terminate, but DWI early-termination motions are scrutinized more closely.

Defendants on DWI supervision should plan around the two-year minimum. A motion filed at 23 months will be denied on the face of the statute; the court has no discretion to grant it earlier.

What "satisfactory completion" means in practice

The statute requires that the defendant have "satisfactorily completed" at least one-third of the period. Texas courts look at compliance with every condition — reporting, fees, community-service hours, restitution paid in full, no positive drug tests, no new arrests, and completion of any classes or treatment.

A defendant who has been on a probation reporting plan for less than one-third of the supervision period — or who has been delinquent on fees, missed community-service hours, or recently tested positive — will see the motion either denied or set off to a later date.

The probation officer's progress report is usually the most important piece of evidence at the hearing. A favorable report from the supervising officer is a strong (though not decisive) factor.

How to file the motion

The motion is filed in the court of jurisdiction. It usually attaches: (1) proof that one-third of the supervision period or two years has run; (2) a copy of the probation officer's progress report or a representation of satisfactory completion; (3) a statement that all fees, restitution, and community-service hours have been completed; and (4) a request for hearing.

Most Texas courts will set a hearing once the motion is filed. The hearing is brief — the judge reviews the file, hears from the probation officer if necessary, and rules on the record.

If the motion is denied, the defendant typically must wait six months to a year before re-filing — although this is a local-practice rule, not a statutory one.

Effect of early termination

When the court grants early termination under § 42A.701, the defendant is released from supervision and the case is closed. Any unpaid fees that have been waived are waived; any unfinished community-service hours are excused.

Early termination does NOT, by itself, expunge or non-disclose the underlying record. Article 42A.701 termination remains a conviction (or, for deferred-adjudication probation, a dismissal — see § 42A.701(f)) and may still appear on background checks. To remove the record entirely, a separate expunction or non-disclosure petition is required.

Special note on deferred adjudication

Under article 42A.701(f), when a defendant completes deferred-adjudication community supervision early, the court enters a dismissal of the charge — not a conviction. This is the same dismissal the defendant would receive at the natural end of deferred supervision.

After dismissal, the defendant may be eligible for an order of non-disclosure under chapter 411 of the Government Code (subject to waiting periods that depend on the offense).

Cited authorities

• Tex. Code Crim. Proc. art. 42A.701 — early termination of community supervision.
• Tex. Code Crim. Proc. art. 42A.105 — judge-imposed community supervision generally.
• Tex. Gov't Code ch. 411 — non-disclosure of criminal history.

Related resources

• Probation Early Termination calculator — interactive eligibility check.
• Probation-violation defense.
• Texas expunction & non-disclosure compendium.
• DWI defense — see the two-year rule for DWI supervision.

Statutes referenced

• Early termination — Tex. Code Crim. Proc. art. 42A.701 (read statute).
• Community supervision general — Tex. Code Crim. Proc. art. 42A.105 (read statute).
• Non-disclosure — Tex. Gov't Code ch. 411 (read statute).

Statutes cited are current through the 2026 regular session of the Texas Legislature. Verify the latest text on statutes.capitol.texas.gov before relying on any provision in active litigation.

Frequently asked questions

Related on L and L Law Group

• Probation Early Termination calculator
• Probation-violation defense
• Texas expunction & non-disclosure compendium
• DWI defense

Topic cluster: This article is part of the Criminal Defense practice cluster. Browse the complete directory for every related guide.

Unfamiliar with a term? Look it up in our Texas criminal-law glossary or the DefinedTerm reference.

About the authors

Reggie London

Co-Founding Partner · Texas Bar #24043514

Co-founder of L and L Law Group, PLLC. Licensed in Texas since 2005. Admitted to the U.S. District Courts for the Northern and Eastern Districts of Texas. Handles state and federal criminal defense across the nine DFW counties.

Njeri London

Co-Founding Partner · Texas Bar #24043266

Co-founder of L and L Law Group, PLLC. Licensed in Texas since 2005. Trial-trained criminal defense attorney with deep experience in family-violence and licensing-intersection matters. Practices statewide.

L and L Law Group, PLLC publishes this material as legal information, not legal advice. Our editorial policy describes how we verify and update content.

Not legal advice. This article is general information about Texas criminal law and procedure. Every case turns on its specific facts. If you face a criminal charge, retain counsel licensed in Texas before any contact with law enforcement, prosecutors, or magistrates. Call (972) 370-5060 for a free consultation with L and L Law Group, PLLC.