Can you leave the state while on probation?
In this article, you’ll learn about:
Let’s dig in.
No, you cannot leave the state on probation without permission from your probation officer.
Probation officers will let you leave the state on probation for work and emergencies.
They likely will not allow you to leave the state on probation for vacation or non-emergencies.
Most states confine you to “federal districts” as conditions of your probation.
For some states, the federal district is the entire state.
Other states, like Georgia, have North, South, and Middle districts.
You cannot leave your federal district without permission when you’re on probation.
Travel outside of the federal district is a privilege and not automatically granted.
But you are free to travel within these federal districts.
Non-essential travel outside of your state (or district) is prohibited for the first 60 days.
You can leave the state on probation if you:
Usually, you can only leave the state on probation for:
You will need to check in with your probation officer more frequently during your travels.
They may even send someone from the local probation department to check on you.
They want to make sure that you are not committing any violations of probation.
Sometimes, you need to relocate out of state for work while on probation.
In this instance, you need to request a transfer from your probation officer.
They will submit your information for interstate compact.
Interstate compact is set up for probationers to be able to transfer their probation.
Usually, you can only transfer to a new probation department for work or emergencies.
To get started, just explain to your probation officer the situation and why you need to move.
Fill out the form on this page if your probation officer is not approving your travels for work.
Our criminal defense attorneys have experience getting approval in tough situations.
Let’s say you leave the state on probation without permission.
You are violating the terms of your probation.
These probation violations lead to a revocation of probation for the offender.
Meaning that you will have to start your probation over.
Violating probation can land you jail time.
This is because probation is serving a jail sentence outside of jail.
Let’s say you leave the state and you don’t check in with your probation officer.
They will send someone from a local probation department to check in on you.
If you’re not where you said you’ll be, they will contact local law enforcement to look for you.
You are breaking the conditions of your probation.
And this can cause you to get ordered to serve out the prison sentence that probation replaced.
Leaving the state on felony probation (formal probation) is difficult.
Sometimes the courts and probation officer will consider you a flight risk.
A flight risk is someone who is likely to try to escape to avoid their felony probation.
A person who is a flight risk won’t be able to leave the state by car, plane, or train.
People with felony cases are seen as more of a risk to public safety.
Especially those serving probation sentences with a criminal record for things like:
Sometimes, you can leave the state on felony probation for emergencies.
You’ll need to discuss leaving the state on felony probation with your probation officer.
Leaving the state on misdemeanor probation is not as difficult.
You still need to talk to your probation officer.
Let’s say you’re already following all of the rules and communicating.
In this case, they usually approve leaving the state on misdemeanor probation.
Leaving the state while on probation without permission is a violation.
The type of probation violation is a technical violation.
Meaning that you aren’t following the rules of your probation court orders.
Leaving the state without permission can get you revocation of probation.
Revocation means they restart your probation period.
Here is an example of Georgia’s revocation of probation.
You can travel while on probation if you have permission from your probation officer.
Vacation travel longer than 30 days will have to be approved by the courts.
The ability to travel on probation depends on:
Whether you can travel will likely depend on your type of probation.
Misdemeanor probation is easier to travel on than felony probation.
Felons are viewed as more likely to be a flight risk than misdemeanor offenders.
You can go on vacation while on probation.
Your probation officer will need to approve your going on vacation while on probation.
They will want you to give details on:
They will expect you to communicate often with them if you go on vacation on probation.
They even have the ability to have either of the following check in on you:
They can even have these people give you a drug test.
Yes, you can travel out of state on probation.
It really depends on the type of probation you’re on; felony or misdemeanor.
But, let’s say your relationship with your probation officer is good.
They will approve travel out of state on misdemeanor probation fairly easily.
For felons, traveling out of state on probation is tougher to get approved.
They won’t let you travel out of state on probation for the first 60 days.
(For either type of probation.)
But, in general, you’re allowed to travel out of state on probation for emergencies and work.
To get permission to travel on probation, just:
Be EXTRA thorough on your travel permit for probation.
This way, you’re more likely to get permission to travel on probation.
You should also initiate the conversation about making up potential missed community service.
This way, they feel better about you taking the initiative and are more likely to approve it.
A travel permit for probation will include information like”:
When you fill the travel permit for probation out, be extra thorough.
The more information you give, the more likely they are to let you leave the state on probation.
Traveling on probation without permission is a violation.
They can revoke the probation you have served already for traveling without permission.
This means that you will have to restart your probation period.
It’s best to NOT be traveling on probation without permission.
You cannot leave the country on probation without permission from either:
Reach out to your probation officer with the request to leave the country.
They will let you know if you need to file a motion to the court seeking permission.
When filing a motion to leave the country on probation, include:
Leaving the country without permission is a violation of probation.
Here are some other questions we get about leaving the state on probation.
No, you cannot leave the state of parole without permission from your parole officer.
You’ll need to request permission to leave the state while on parole.
Yes, you can leave the state on probation for DUI.
You need to request permission from your probation officer.
If they approve, you can leave the state while on probation for a DUI.
If they don’t approve, you cannot leave the state.
You can fill out the form on our site for legal help if they deny you.
Our criminal defense lawyers can tell you if you have a case to leave the state or not.
Our law firm gives free consultations.
Yes, a probation officer can tell you where to live.
You must live in a place that is approved by your probation officer.
They can force you to move to a new place or deny your ability to move somewhere new.
They can also tell you whether you can live with certain people, too.
Yes, you can fly on probation.
Your probation officer will want to know information like:
If this information is approved by your probation officer, then you can fly on probation.
Yes, you can move states while on probation if you get approval from your probation officer.
Moving states on probation is called an interstate compact.
It’s a program that allows you to move states while on probation.
With the aim to give probationers the best chance at success.
Even if that means moving states to get a new job opportunity.
If you want the best criminal defense attorneys to represent you, fill out the form below.
We have the experience needed to ensure that your rights are protected.
This means you don’t wrongfully get denied travel when required.
We also make sure that your probation officer treats you fairly.
After you fill out the form below, we will set up your free consultation.