When courts place individuals on probation instead of sending them to prison, they impose a set of specific conditions that must be abided by. This usually includes limitations of movement beyond certain geographic boundaries, making travel, and particularly international travel a much more complex activity.
Out-of-state or international travel while on probation will almost always require you to obtain some kind of travel permit from either your probation officer or the court. Failing to abide by the conditions set out by the court for your probation could lead to immediate incarceration.
Let’s get into the rules in more detail, including if it is possible to travel internationally to destinations such as Canada.
Misdemeanor Probation vs Felony Probation
Misdemeanor probation terms tend to have fewer travel restrictions and requirements than felony probation terms, reflecting the seriousness of the underlying offenses.
Misdemeanor probation typically involves more flexibility for both in-state and international travel, and the approval process for securing travel permits will generally be faster and have a higher likelihood of success than with felony cases. Reporting requirements while traveling also tend to be less stringent, sometimes only requiring you to notify your probation officer on departure and return.
If you are serving probation for felony crimes there are usually much more strict travel restrictions imposed. This means heightened scrutiny from your probation officer and the courts when requesting travel permits for both in-state and international travel, as well as a lower likelihood of approval. Applications will usually require a much greater level of detail to be included, such as the reason for your travel, who you will be staying with, the duration of your trip, and proof of the necessity to travel.
Felony probationers will usually also have more stringent reporting requirements, potentially including daily check-ins with your probation officer or GPS monitoring tags being applied.
Traveling to Canada While on Probation
It is generally not possible to travel to Canada while on probation in the US.
Entering Canada with any kind of criminal record already comes with significant challenges – usually requiring a Temporary Resident Permit of Criminal Rehabilitation to be applied for well in advance of travel. A third option – Deemed Rehabilitation – is also available in limited circumstances for those with minor crimes on their record after a period of 5 or 10 years.
Canadian border authorities have access to a wide range of US criminal databases and typically strictly enforce admissibility requirements. If you arrive at the Canadian border while you are on probation in the US, it is highly likely you will be turned away.
In some extreme circumstances, such as the need to attend to a family emergency or funeral, it may still be possible to secure a Temporary Resident Permit that would grant you the ability to enter into Canada while on probation. At Dogen Law, we specialize in assisting Americans to overcome criminal inadmissibility to Canada and would therefore encourage you to reach out for more tailored information on your specific situation.
Can you travel out of state while on probation?
Traveling out of state while on probation is possible but usually requires explicit permission from your probation officer. Each state has different rules and procedures for obtaining this permission, but it typically involves submitting a formal travel permit request that outlines your destination, purpose for travel, duration of your trip, accommodation details, and contact information while away.
Remember, traveling across state lines without this permission would likely constitute a probation violation, meaning you could end up back in prison if discovered.
Can you travel out of the country while on probation?
International travel is usually much more heavily restricted than domestic travel when someone is on probation. Most probation terms explicitly prohibit leaving the country without written approval from the court.
The process for obtaining this kind of permission is usually much more complex and stringent. It would usually require a compelling reason such as family emergencies, business obligations, or specialized medical treatment that is not available locally.
Will I get stopped at the airport if I’m on probation?
No automatic system exists to flag up flyers who are on probation at domestic airports. TSA screening primarily focuses on threats to the security of the aircraft, meaning flyers are not routinely checked for outstanding warrants or probation violations.
It is important to remember that even though you are unlikely to be stopped at the airport for being on probation, the consequences for unauthorized travel while on probation can be severe. Most people on probation are subject to regular verification conditions such as random home visits that could reveal your absence, and lead to additional restrictions on your freedom.
Can you fly while on probation?
If you have the proper authorization from your probation officer, or in some cases, the court, then yes! Domestic travel usually requires a travel permit which can be obtained through your probation officer. International travel is likely to require explicit permission from the court itself and is usually much harder to obtain.
If you are required to attend regular meetings with your probation officer or have scheduled court appearances, make sure your travel plans do not interfere with these obligations.
How long does it take to get a travel permit while on probation?
Processing times for probation travel permits vary widely by jurisdiction, individual circumstances, and the type of travel you are requesting. Routine domestic travel requests typically take 1-2 weeks to be reviewed by your probation officer and approved or denied, but this timeframe can be much longer at busy times of the year.
Requests to travel internationally usually have to go through the court system and therefore typically take longer to process – 4-6 weeks at a minimum. If you think you might need to travel while on probation, it’s important to get the process started as soon as possible.
In some cases, travel permits can be expedited for those who need to travel in order to attend to an emergency such as attending a funeral or visiting a critically ill family member.
Can my probation officer find out if I left the country?
Regular check-in requirements, either in-person, by phone, or via electronic monitoring, will quickly expose extended absences to your probation officer. Any unexplained absences from one or more components of your probation program will usually be immediately investigated by the probation department.
Violating your probation conditions in this way can lead to stricter terms or immediate incarceration.
How Dogen Law Can Help
If you’re planning to visit Canada but have a past felony conviction that could make you inadmissible, seeking guidance from an immigration lawyer can significantly simplify the entry process.
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to visit or immigrate to Canada. Our team can assist you with applications for Temporary Resident Permits and Criminal Rehabilitation to help you overcome criminal inadmissibility to Canada.
Get in touch today by completing our online assessment to see if you are eligible. If you still have questions about the process, you can also call our toll-free number for more information.
