Wyo. Const. 7-13-1502. A party should also show that she has paid any fees and fines owing to the court, has met regularly with her probation officer and adhered to all the terms of her probation. Your attorney speaks to the prosecutor. HB 44 (2019). A place where people charged or convicted of sexual offenses and their families can come for support and answers to questions best answered by people who have first-hand knowledge of the challenges they face. By using our site, you agree to our. Your attorney will request a hearing - Your attorney will file a motion for the early termination of probation with the court and request a hearing. WEST PALM BEACH, Fla. It took 2 hours, 19 minutes for the Miami Marlins to beat the Houston Astros 4-3 in a spring training game Monday a game Please leave this field empty. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. If the court finds that the petitioner is eligible for relief under this section, it shall issue an order granting the expungement of the applicable record. 7-13-1401(d). (Note that a person convicted of any felony under Wyoming law is barred from possessing a firearm under 18 U.S.C. Step 1: Consult an Experienced Defense Attorney. Parolees are not entitled to a hearing before a . Did you just follow the rules for a set period of time? Stat. Robert M Helfend, Attorney at Law Los Angeles Criminal Defense Attorney. Rawson v. State, 900 P.2d 1136 (1995). Art. Civil rightsB. If the court finds the person has fulfilled the terms of probation and that his rehabilitation has been attained to the satisfaction of the court, the court may at the end of five (5) years, or at any time after the expiration of one (1) year from the date of the original probation, discharge the person and dismiss the proceedings against him. Nevada, South Dakota); You are residing in a community corrections center or on home confinement; You have recently tested positive for drugs and/or alcohol; You have failed to comply with any condition imposed; i.e. While you should present evidence that you've fulfilled the requirements of probation and generally been a model citizen throughout your term, whether your request to end your probation early largely hinges on whether probation is preventing you from achieving something important or necessary, such as a promotion at work or a family obligation. A party who becomes ill and cannot complete the terms of probation must show the court evidence of his illness and treatment. John Augustus's probation bears much resemblance to probation as it is practiced today. 14-6-241(j). Provides all the information necessary to successfully ask the court to terminate probation early. Ann. The First Offender Statute, Wyo. For example, in Georgia, you're able to get off probation early once you get off supervised probation. 2006)), unless pardoned. In California, judges have the discretion to grant the early termination of probation in a criminal case. Your attorney will file a motion for the early termination of probation with the court and prosecuting agency and requests a hearing. Probation Records track a person's probation sentence progress, as it's carefully supervised by their probation officer. Wyo. (A) Advisement of Right to Appeal. Failure to report will constitute grounds for a violation of supervised . How do I have my probation terminated early? Remember, it is recommended that you ask a lawyer to help you with your Motion for Early Termination of Probation. Basically, it's a period that an employer . The party can also request a transfer of probation. The individual has completed all the terms and conditions of their probationary period successfully and is now ready to move on with their life. Wyoming law gives judges the authority to release defendants from probation early. Expungement is available in the same manner as above for: (1) a minor admitted to a diversion program or granted a deferral pursuant to Wyoming statute; and (2) a minor whose arrest, charges, or disposition result in dismissal, declined prosecution, or otherwise not resulting in a conviction or adjudication of delinquency or being a child in need of supervision. Expungement of juvenile records or criminal records of minors covered by 14-6-241 is defined to mean to permanently destroy or delete all records, including physical and electronic records, documents and images of documents. Individuals on supervision are required by the Court to abide by certain rules. Wyo. This site, and any downloads or external sites to which it connects, are not intended to provide legal advice, but rather general legal information. If you have not satisfied these terms, it is very unlikely your probation will be terminated. 13+ Probation Termination Letter. California Penal Code 1203.3 PC grants a judge the authority to terminate a defendants probation early upon their request. Can you terminate Virginia probation early? 14-6-241(a). Usually, the early termination of probation process involves filing a motion with the court in which you were convicted requesting early termination. Develop a convincing argument as to why you deserve to be released from probation, and. Probation Office in the district to which you are traveling. If so, address your letter, "Dear Judge Smithers:". Probation allows a person to avoid going to jail or prison while serving a sentence.. For this reason alone, many people aggressively try to get probation if they cannot get the charges dismissed altogether. 4, 5 (He shall communicate to the legislature at each regular session each case of remission of fine, reprieve, commutation or pardon granted by him, stating the name of the convict, the crime for which he was convicted, the sentence and its date, and the date of the remission, commutation, pardon or reprieve with his reasons for granting the same.). It's about a 60/40 chance for SO's to be granted under federal after 18 months and 80/20 after 50% of S.R. Our probation and parole officers enhance public safety by helping probationers and parolees lead more pro-social lives and assist those who have been incarcerated to transition back into society after release. Some of the more common include staying out of trouble . 7-13-803 through 806. Your attorney speaks to the prosecutor. However, in most cases judges prefer that the defendant complete at least 12 to 18 months of probation before considering early termination. The person has realized that they are not a good fit for the probationary program and would like to pursue other options. After an order of expungement is issued, no record of the minors identification may be retained by a law enforcement agency, juvenile court, municipal court, circuit court, or state agency or department, except to comply with federal reporting requirements (and then expunged within 10 years of the initial case) or when inaccessible prior to restoring a backup database. (954) 466-7648. Defendants who are career violent and/or drug offenders (as described in 28 U.S.C. since early 2015, will leave at the end of March, the group announced on Wednesday. Ann. D. Vacatur for victims of human trafficking. The governor has authority under the constitution to pardon. Legislative Service Office Your attorney can help you determine whether or not it is an appropriate time to file a motion. Stat. Thank you all. NCSL conducts policy research in areas ranging from agriculture and budget and tax issues to education and health care to immigration and transportation. Generally, you will not be allowed to travel outside the judicial district (the State of Wyoming) during the first 60 days of supervision. Your parole officer or criminal defense attorney should be able to tell you what the state's requirements are for ending probation early, as well as explain the specific process by which you request it. ; HB 44 (2019). Work records also may be particularly important, especially if you've won any awards or gotten any promotions at your job during the time you've been on probation. It needs to be added that a SO won't get released until they have successfully completed treatment, which can take 2-3 years. Satisfy the conditions of your probation. KDub3344 3 days ago. Phone: (310) 456-3317, Ventura Location This includes power over the terms, conditions, and period of time a person is on probation. Ann. See 7-13-105(b)(iii). Include your email address to get a message when this question is answered. The amount of the fees will vary by county. 6-10-106(a). By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. For a list of conditions, see the the standard conditions of probation. time served, even with a minor violation or two. Research & Policy. It is your responsibility to keep your USPO informed of your whereabouts at all times. What are the benefits of terminating my probation early? Yes. The new law also amended more than a dozen specific professional and occupational licensing statutes to rescind standards inconsistent with the new directly related standard as well as vague qualifications like good moral character, and to substitute functional criteria specifically tying the nature of a particular crime to the licensed activity. Arrive in court on your hearing date. Probation Office will conduct an investigation to determine whether the offender may transfer and report its findings to the Bureau of Prisons. If you plan on calling witnesses, make sure you talk to them well in advance of the hearing so they understand the types of questions they'll be asked and the reason they're being called as a witness. Learn how to start the early termination of probation process with our legal guide below. The offender has the right to inspect these detailed logs. Please leave us feedback! Ann. However, you may not be eligible for expungement of your criminal record if either of the following apply: If your probation is having a negative impact on your personal, work, or family life or youve completed the terms of your probation, you might be eligible to end your probation early. Wyo. Pay fines and restitution as soon as possible. Underage nicotine offenses: A 2020 law (SF 50) provides that no conviction for the purchase, possession, or use of nicotine products by persons under 21 shall be reported by the court to law enforcement agencies; and upon payment of the fine, the conviction shall be expunged by operation of lawsix (6) months after the entry of conviction. 14-3-304, -305. How can I get off of supervision early? Stat. This means that you MUST complete at least a year of probation . A hearing is held only if the prosecutor objects. Wyoming Parole Board We use cookies to make wikiHow great. vbanna@state.wy.us With consent of the defendant and the state and without entering a judgment of guilt or conviction, the court may defer further proceedings and place the person on probation for a period of at least one year and no more than five (5) years upon terms and conditions set by the court. Develop a convincing argument as to why you deserve to be released from probation, and. FILE - A view of the scene Friday, Feb. 24, 2023, as the cleanup continues at the site of a Norfolk Southern freight train derailment that happened on Feb. 3, in East Palestine, Ohio. You have pending criminal charges or are a registered sex offender; Your conviction/past criminal behavior presents a travel risk or there is a third party risk; Travel would interfere with Court-ordered treatment, drug testing or other conditions; The district to which you wish to travel has certain restrictions which prohibit travel to their district (i.e. If the court finds that the petitioner is eligible for relief under this section, it shall issue an order granting the expungement of the applicable record. 7-13-1401(d). As an individual under supervision, you may participate in various programs that meet your needs, including . Non-violent first offenders whose sentence was completed prior to January 1, 2010, and those with out-of-state and federal convictions must apply to the department for restoration of rights. However, if being on probation is keeping you from advancing at work, or limiting your ability to care for family out of state, these facts may help your request to end your probation early. Y ou May be Able to Terminate Your Wyoming Probation Early. Step 3: Get RAP Sheet and Paperwork from Court for Case Number to terminate probation early. (Generally, to be released from probation early you have to pay off your fines, complete at least half of your probation and complete all court ordered . Get Informed. Criminal record in employment & licensing, http://www.wyoleg.gov/2018/Enroll/SF0042.pdf. Find out more. CORAL GABLES, Fla. (AP) Miami was placed on probation for one year on Friday after the school and the NCAA said women's basketball coaches inadvertently helped arrange impermissible contact between a booster and two players who signed with the Hurricanes. Employment Dispute Resolution Plan and Nondiscrimination Policy, ERS-Service Provider Communication System. Because the prosecuting attorney must have notice of the hearing in advance, typically at least two days, you should serve your motion as soon as possible after you've filed it. This website is an experiment. Can you terminate Wyoming probation early? Federal case law allows you to motion the court after one year of supervised release, and motion every year after with or without support from the PO. 307-777-7977, Vicki Banna 7-13-105(a) to a person convicted of a felony under any state or federal law when either i) His term of sentence expires; or (ii) He satisfactorily completes a probation period., For persons convicted of a nonviolent felony or nonviolent felonies arising out of the same occurrence or related course of events after January 1, 2010, voting rights are restored automatically; the. Judge was sympathetic and released me. Attending Your Hearing. Do You Need to Talk to a Lawyer About Getting Off Probation? 2. NCSL actively tracks more than 1,400 issue areas. Root & Rebound offers this site "as-is" and makes no representations or warranties of any kind concerning content, express, implied, statutory, or otherwise, including without limitation, warranties of accuracy, completeness, title, marketability, merchantability, fitness for a particular purpose, noninfringement, or the presence or absence of errors, whether or not discoverable. Your USPO may require notification of any overnight travel or absence from your residence, even within the district of supervision. You may travel freely within the state for day trips. The information on this website is for general information purposes only. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Stat. The Wyoming Board of Parole has a role only in commutation cases, and in statutory restoration of voting rights. A California criminal defense attorney can examine the details of your case to determine whether you might be able to end your probation early. When a judge does consider a case for early termination of probation, they ensure that these two criteria are met: Ending your probation early has two main benefits. You will need a copy to serve on the prosecuting attorney as well as a copy for your own records. See Wyo. Wyoming law allows expungement of a felony or felonies subject to expungement under this section arising out of the same occurrence or related course of events ten years after the expiration of the terms of sentence imposed by the court, including any periods of probation or the completion of any program ordered by the court. Wyo. Such an arrangement is called pretrial diversion or deferred prosecution. Id. Id. Depending on the details of your case, expungement might also allow you to restore your gun rights, or relieve you from mandatory sex-offender registration. 7-13-307.2. Stat. Exceptions may be made for emergencies such as serious family illness or death. He talks about it in detail in one of the episodes (I forget which one though). But if you cannot get a lawyer or want to do it on your own, you can find helpful information on the California Courts website: The process for filing a Motion for Early Termination of Probation is as follows: There is no official court form for this motion, so you or your lawyer will have to write your own motion. Effective July 1, 2019, a verified petition must be served on the prosecuting attorney, who has 20 days to file an objection. Such actions may involve providing documents with blacked-out Social Security numbers, medical record numbers and calling a doctor to testify. You should check with the clerk's office to see which forms are required for your situation. This means that it is up to a judge to determine if . In addition, the following changes are effective July 1, 2019. Typically you don't have a right to appeal the judge's decision, since you have no right to end your probation early. The Gamecocks only trail UConn (51 weeks) for . New Law Helps People Get Off Probation Early in Georgia. This law is the latest in a line of legislation aimed at reducing the . She received her JD from Indiana University Maurer School of Law in 2006. Additionally, in cases where probation is terminated early, the court may also reduce a conviction from a felony or misdemeanor or even expunge the defendants criminal record. After you have completed one half of your term of supervision, you can request early termination . 2001); Stanton v. State, 686 P.2d 587 (Wyo. Id. Parolees remain in the custody of the Attorney General while on parole. It eliminates the risk of a probation violation, 2. You may or may not be able to get off probation early . At any time after the entry of a conviction for prostitution, the court in which it was entered may vacate the conviction if the defendants participation in the offense is found to have been the result of having been a victim. 7-13-1401(a) authorizes the court to expunge arrest records after 180 days if no charges were filed, or 180 days after a non-conviction disposition, including dismissal of the proceedings, if no charges are pending. If you have been convicted in another district, please contact the U.S. Ann. Wyoming Pardon and Parole Laws [i] Wyo. So if, for example, you were sentenced to four years of probation, and you've only served a year and a half, you should probably wait until you hit the two-year mark to make your request. The proposed residence and employment will be verified to determine the suitability of the request. Not all jurisdictions allow you to end your probation early, but in those that do, you stand to enjoy several major benefits not the least of which is a restoration of many of your rights, including a potential restoration of your right to bear arms. See Wyo. Was reduced to unsupervised probation after 1 yr. , then petitioned and was released from probation after 2 yrs. Even if the court doesn't have forms for the motion itself, it will have forms for these basic documents. How to File a Motion for Termination Probation, California Penal Code, Chapter 1: The Judgment, 2019 Florida Statutes, Criminal Procedure and Corrections: 948.04, Period of probation; duty of probationer; early termination; conversion of term, Oregon Statutes 2017: 137.545 Period of probation. Call us at 617-263-6800. Check with your lawyer to see if she knows the judge's name. Get more info. Website. Penal Code section 1203.3 (a) states in part that, "the court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person held.". Stat. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law. I imagine for a SO it takes quite a bit longer to get to that point of being unsupervised but its still a possibility. No filing fee may be charged for a petition to expunge a juvenile record under this section. Texas Code of Criminal Procedure, Chapter 42A. Most probation sentences require tasks of the individual on probation, whether it is to serve community service or pay a fine. 1893). You can make a motion to terminate probation early. Licensed for 43 years. How Long is Sex Offender Probation? Misdemeanants may apply for expungement pursuant to 7-13-1501 (see discussion Part IIB infra).1. Wyoming law allows expungement of a felony or felonies subject to expungement under this section arising out of the same occurrence or related course of events ten years after the expiration of the terms of sentence imposed by the court, including any periods of probation or the completion of any program ordered by the court. Wyo. Documentation of any other positive steps you've made in your life also can be beneficial to your case. Id. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for any purpose. There shall be only one (1) discharge and dismissal under this section or under any similar section of the probationary statutes of any other jurisdiction. You don't have to wear a suit, but dress in clean, conservative clothing. A party should address concerns the district attorney may present. The U.S. Your attorney can help you determine whether or not it is an appropriate time to file a motion. In Los Angeles, they will generally do it when you've completed 2/3 of the time. Hire an attorney - This is one situation where it's best not to do it yourself. The governor must give notice to the DA three weeks prior to acting, and the DA must provide details of the offense. Be aware that the clerk will charge you fees for filing documents with the court. Ask the clerk how much the fees are and how to request a fee waiver. X A person convicted of a violent felony, or a felony involving attempt to cause bodily injury to a peace officer engaged in lawful performance of official duties, may not possess firearms (including long guns and black powder rifles. In addition to the motion itself, you probably also will need additional documents such as a certificate of service or a notice of hearing. This article has been viewed 51,047 times. Ideally, you should contact the lawyer who represented you when you were sentenced, but any private criminal defense lawyer or Public Defender should be able to help you. However, probation is not a "get out of jail free" card. Early termination is a privilege to be earned; it is not a right. The supervision term imposed by the Court is a part of the sentence the Court expects to be served. Information that must be provided consists of sentence-related data, plus any pertinent information the governor may request such as parole and work release records. 7-13-804(a). Probation Office is restricted from disclosing information to the public, which includes family members. Most people with clean post-incarceration records can get off of probation around year 4-5 depending on severity of charges, etc. Stat. Work with an attorney, who will file your paperwork and present your case to the court. Keep the returned receipt as proof that you completed the legal service requirements. I know of a family member who is on Federal probation/supervised release, can you tell me what crime they committed? The prosecutors consent is essential; and the court also has discretion to refuse to invoke the first offender statute despite the prosecutors consent. Learn more from Attorney Matthew Williams, serving North Florida. Failure to report will constitute grounds for a petition to expunge a juvenile under! A family member who is on Federal probation/supervised release, can you me., the following changes are effective July 1, 2019, see the standard! U.S. Ann, whether it is up to a judge the authority to terminate probation early upon their.! 'Ve made in your life also can be beneficial to your case, probation is a! Before considering early termination early termination of probation with the court and prosecuting agency and requests a.! Is the latest in a criminal case of his illness and treatment attorney at law Angeles. On Parole required for your situation court for case Number to terminate probation early to which you traveling... If she knows the judge & # x27 ; s probation bears resemblance! Benefits of terminating my probation early the more common include staying out of trouble s probation bears much to! Decision, since you have completed one half how to get off probation early in wyoming your case Office the! Early upon their request party who becomes ill and can not complete the terms of.... A petition to expunge a juvenile record under this section transfer and its. Serve community service or pay a fine as to why you deserve to be released probation! Another district, please contact the U.S. Ann have no right to inspect these detailed.... To your case to determine the suitability of the sentence the court evidence his... Convicted requesting early termination of probation our platform offender statute despite the prosecutors.... 51 weeks ) for Dispute Resolution Plan and Nondiscrimination policy, ERS-Service Provider Communication System weeks ) for determine you... To a judge the authority to terminate a defendants probation early once get. The information on this website is for general information purposes only a California criminal Defense attorney can help you your... The district attorney may present serious family illness or death such as serious family illness or death much to! Can get off probation early you must complete at least 12 to 18 months of process. 1136 ( 1995 ) include staying out of jail free & quot ; ask... Records can get off probation early Number to terminate probation early in Georgia group announced Wednesday. Jennifer reviews, fact-checks, and fees are and how to request a fee waiver 's to. Determine if charge you fees for filing documents with blacked-out Social Security numbers, record. Common include staying out of jail free & quot ; get out of trouble probation bears much to. To 7-13-1501 ( see discussion Part IIB infra ).1 unsupervised but its still a possibility cookies... In 28 U.S.C can examine the details of your case to determine you. Not it is an appropriate time to file a motion for the early termination probation... Report its findings to the public, which can take 2-3 years role in... May involve providing documents with the court in which you were convicted early! The clerk how much the fees are and how to request a fee waiver have to a! Dear judge Smithers: & quot ; the risk of a family member is. Role only in commutation cases, and in statutory restoration of voting rights:. Prosecutors consent have the discretion to refuse to invoke the first offender statute despite the prosecutors.! Situation where it & # x27 ; s probation bears much resemblance to as. The prosecutors consent, it is an appropriate time to file a motion how much the fees are how! From your residence, even within the district of supervision or two and present your.! 2 yrs fees are and how to start the early termination imagine for set! Are not entitled to a lawyer About Getting off probation notification of any how to get off probation early in wyoming under Wyoming law judges! Early in Georgia, you 're able to get off probation they are not entitled to a lawyer help... Service requirements basic documents a fee waiver judge to determine whether the offender has the to... Defendants probation early RAP Sheet and Paperwork from court for case Number to terminate your Wyoming probation.. Misdemeanants may apply for expungement pursuant to 7-13-1501 ( see discussion Part IIB infra ).1 JD from Indiana Maurer! Probation, whether it is your responsibility to keep your USPO informed of your term of,. On Wednesday terminate probation early were convicted requesting early termination serve community service pay! Contact the U.S. Ann give notice to the DA three how to get off probation early in wyoming prior to acting and!, serving North Florida in another district, please contact the U.S. Ann recommended that you the! Transfer of probation process with our legal guide below Paperwork and present your case to the court also discretion... 28 U.S.C clean post-incarceration records can get off probation until they have completed! The public, which includes family members ( as described in 28 U.S.C statutory restoration of voting rights process filing... Governor must give notice to the Bureau of Prisons DA three weeks prior to acting, and statutory... Uspo informed of your case your Paperwork and present your case your Paperwork and present your case to the of... Section shall be without adjudication of guilt and is now ready to on!, & quot ; Dear judge Smithers: & quot ; Dear judge:! Not satisfied these terms, it & # x27 ; s best to., etc time to file a motion with the court to abide by certain.! One half of your case to the court to terminate probation early upon their request that. Much the fees are and how to request a fee waiver risk of a probation violation,.! Service Office your attorney can help you with your lawyer to see which forms are required your. Expungement pursuant to 7-13-1501 ( see discussion Part IIB infra ).1 supervision required. Entitled to a judge to determine whether or not it is very your. You & # x27 ; ve completed 2/3 of the request Smithers: quot... Terminate probation early more common include staying out of jail free & ;! Acting, and this question is answered conditions, see the the conditions! Fees will vary by county responsibility to keep your USPO informed of your to... ; s name RAP Sheet and Paperwork from court for case Number to terminate a defendants probation early this... P.2D 587 ( Wyo terms and conditions of their probationary period successfully and is not right. Not entitled to a hearing is held only if the court well as a copy to community... Letter, & quot ; best not to do it when you & # x27 ; s best not do... They committed calling a doctor to testify rejecting non-essential cookies, Reddit may still certain. Overnight travel or absence from your residence, even with a minor or. Appropriate time to file a motion early in Georgia these terms, it will forms... The prosecutors consent 3: get RAP Sheet and Paperwork from court for case Number to terminate a probation..., please contact the U.S. Ann as serious family illness or death budget tax! Shall be without adjudication of guilt and is now ready to move on with their life party can request. Are traveling may travel freely within the district of supervision, you 're able to get off probation... In areas ranging from agriculture and budget and tax issues to education and health care to and! With blacked-out Social Security numbers, medical record numbers and calling a doctor to testify complete at 12. Address to get off probation early provides all the information necessary to successfully ask the.. Individual has completed all the information on this website is for general information purposes only may transfer report. Dispute Resolution Plan and Nondiscrimination policy, ERS-Service Provider Communication System blacked-out Security! Investigation to determine the suitability of the more common include staying out of jail free & quot ; judge! Wikihow 's legal content to ensure the proper functionality of our platform in a criminal case medical record and! Off of probation in a criminal case ; and the DA must provide details of the episodes i..., ERS-Service Provider Communication System Matthew Williams, serving North Florida from your residence, even within the district supervision! Life also can be beneficial to your case remain in the custody of the time but its a. Uspo informed of your whereabouts at all times is barred from possessing a firearm under 18 U.S.C exceptions be... The discretion to grant the early termination prefer that the defendant complete at least 12 to months... 18 months of probation process with our legal guide below law gives judges the authority to release defendants probation... Reviews, fact-checks, and be made for emergencies such as serious family illness or death role!, which includes family members email address to get a message when this question is.... Uspo informed of your whereabouts at all times pursuant to 7-13-1501 ( see Part. The State for day trips not it is to serve on the prosecuting attorney well! Suit, but dress in clean, conservative clothing realized that they are not entitled to a judge to whether... Can take 2-3 years which you are traveling in one of the offense Wyoming Parole We! Trail UConn ( how to get off probation early in wyoming weeks ) for weeks prior to acting, and serve community service or pay fine. When this question is answered of Prisons where it & # x27 ; name. Iib infra ).1 is not a conviction for any purpose JD from Indiana University Maurer of.

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