I think you have a very comprehensive answer from "John B"
I've had probationers ask me over the years, if they can leave the country. My stock answer, after researching the question is; "I can't give you permission to leave the country. I can give permission to leave the state, but there is no provision for international travel permits for probationers.
I have had a couple of people who went ahead and took their chances, and there were no real problems. After one of my probationers recently took a vacation to the Caribbean, I got a call from U.S. Customs when he returned, but they were only advising me that he had left the country without permission, and since he committed no new crime while he was there, as far as I know, I won't take any action against him.
I would suggest that you discuss this with your PO. Most of us are human.
2007-02-18 14:41:53
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answer #1
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answered by huduuluv 5
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You are not supposed to leave the State in which your probation is assigned to. However, lets say your immediate family lives 10 miles away from you but across state lines (example...Virginia and West Virginia), then you will have to obtain permission through your Probation Officer. If I were you I'd get any traveling permissions in writing and signed by and from the Probation Officer.
Leaving the country would just be a violation of probation if permission is not granted by the Probation Officer. The Probation Officer has final say when it comes to leaving the State in which your probation is assigned. Period.
2016-01-20 06:39:09
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answer #2
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answered by Matthew 1
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I just want to add (albeit late) that many posters are stating you can not leave state. That is inaccurate. You just need permission and for most offenses, it is extremely easy to get said permission. Unless you are screwing off or got a bad rap sheet, they do approve you.
My PO said I couldn t even apply for a passport until I was done with supervision, however there are many people like me who are traveling in and out of the country while on supervision. So I will be asking an atty on this as it was not court ordered and I do know my PO has been wrong plenty of times on simple things. So best i can do is call an atty and talk to PO supervisor. I have 1 1/2 yrs left, but I would very much like to go over seas for vacation during the summer vs almost winter. I will wait if I have to.
2015-04-12 03:01:35
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answer #3
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answered by Secret 1
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You have to ask for permission from your Probation Officer (he or she will probably screw you anyway) But sometimes they are allowed to free you up to go out of State...however, I agree with the other dude, I bet you could get a Passport anyway! You be the Judge (so to speak) Think of what the punishment might be if you get caught... or if you don't get caught and want to come back to the USA in the future what are the consequences of your plight or flight or whatever way you plan to get there! Anyway Good Luck Chap, if you make it there you can always go to Yahoo Questions & Answers and ask us what to do next... I'm sure we all would be happy to give you some more stupid answers and advice! LOL! Good Luck Matey!
2007-02-18 12:43:49
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answer #4
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answered by BAILEY 2
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It depends on the terms of probation, and the crime of which he was convicted.Even though the person has a valid passport, there is also the possibility that conviction of certain crimes may be grounds for denial of entry by the other country, in this case, Britain. You will have to check with the British embassy or consulate regarding current regulations.
Here is a more detailed answer from a question some time ago on Google:
Subject: Re: Can a felon receive a passport?
Answered By: mvguy-ga on 10 Jul 2003 07:00 PDT
Rated:
The quick answer is yes, at least in the United States. There is
nothing in U.S. law that prevents most felons from receiving a
passport -- unless the terms of parole, probation or sentencing deny
the person a right to a passport or international travel.
In the specific case you're asking about, then, you would need to find
out whether the terms of parole allow international travel. That
information would have to be obtained from the person's parole officer
or the court that has jurisdiction. The issue is a matter of the
parole conditions, not of the law regarding passports.
A passport is a document that certifies a person's citizenship. It is
not a guarantee of character or anything else; it is basically an
identity document. In fact, the passport form doesn't even ask the
applicant about criminal history.
Traditionally, there is just one type of felony that would prevent the
person from getting a passport. A person is ineligible if he or she
has "been convicted by a court or court martial of competent
jurisdiction of committing any act of treason against, or attempting
by force to overthrow, or bearing arms against, the United States, or
conspiring to overthrow, put down, or to destroy by force, the
Government of the United States."
That information is included on the passport information form,
available here:
Application for U.S Passport
http://travel.state.gov/DS-0011.pdf
A more recent U.S. law prohibits the issuing of a passport if a person
crossed an international border to commit a felonious drug offense.
(In some cases, a passport can be denied even if the offense was a
misdemeanor, provided the person crossed an international border to
commit the crime.) That law can be found here:
Section 2714. Denial of passports to certain convicted drug
traffickers
http://caselaw.lp.findlaw.com/casecode/uscodes/22/chapters/38/sections/section_2714.html
Other than those exceptions, there is no provision in federal law for
denying a passport for the mere act of having a felony record. It can
be denied only if the person is subject to arrest or if the person is
prohibited by terms of parole or probation from having a passport.
Here is a summary of the U.S. law:
Mandatory Denial. Passports are issued to
applicants as a matter of course in all but a few
rare situations. Except for direct return to the
U.S., the law provides that a passport shall not be
issued to an applicant subject to a federal arrest
warrant or subpoena for any matter involving a
felony. Furthermore, a passport shall not be issued
where the applicant is subject to a court order or
condition of parole or probation which forbids
departure from the U.S. Passports will also be
refused if the applicant has not repaid loans
received from the United States for certain expenses
incurred while the applicant was a prisoner abroad.
Nor will a passport be issued if the applicant is
under imprisonment or supervised release for any
conviction, at either the state or federal level,
for a felony involving a controlled substance.
Discretionary Denial. In any case, including for
direct return to the United States, a passport may
be refused where the applicant has not repaid a loan
received from the United States to effectuate his
return from a foreign country, where the applicant
has been declared incompetent, or where a minor
applicant does not have the necessary consent of
legal guardians. Moreover, a passport may be
refused if the Secretary of State determines that
the applicant's activities abroad are causing or are
likely to cause serious damage to the national
security or foreign policy of the United States.
Finally, a passport may be refused when the
applicant is subject to imprisonment or supervised
release for a misdemeanor drug conviction, other
than a first offense for possession, if the
individual used a U.S. passport or otherwise crossed
an international border in committing the offense.
Revocation. A passport may be revoked, restricted,
or limited where the national would not be entitled
to a passport as described above, or where the
passport was obtained by fraud, or fraudulently
altered or misused. Unless specifically validated
therefore, a U.S. passport shall cease to be valid
for travel into or through any country or area at
war with the United States. U.S. passports may also
be invalidated for travel through areas in which
armed hostilities are in progress, or where there is
imminent danger to the public health or physical
safety of U.S. travelers. Such determinations are
made by the Secretary of State and are published in
the Federal Register.
Source: U.S. Report under the International Covenant on Civil and
Political Rights
http://dosfan.lib.uic.edu/ERC/law/Covenant94/Specific_Articles/12.html
A passport can also be denied if the individual has outstanding
child-support payments of more than $5,000:
Other reasons for passport application denial
http://www.passportexpress.com/?page=deny
Note also that many countries will not issue visas or allow entry to
persons with a felony record (or even drunken driving convictions in
the case of Canada). A list of countries' basic visa requirements can
be found here:
Foreign Entry Requirements
http://travel.state.gov/foreignentryreqs.html
2007-02-18 12:40:36
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answer #5
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answered by JOHN B 6
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u could communicate over with probation approximately that. they could enable it, seeing as the way it became right into a misdemeanor. u do no longer prefer to do it devoid of permission nevertheless, if u do and probation nicely-knownshows out (and that they'll!) you will get a warrant for probation violation, that's a criminal. sturdy success and do the main appropriate ingredient!!
2016-11-23 17:33:38
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answer #6
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answered by rasavong 4
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i doubt it, some types of probation wont even allow you to leave the state, you could probably get one fairly easy though, it would just be violating your probation
2007-02-18 12:28:52
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answer #7
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answered by ? 4
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if you are on probation, talk with your probation officer or handler. they will know what restrictions apply to you, or can arrange for you to report to somewhere in London perhaps
2007-02-18 12:30:08
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answer #8
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answered by steven m 7
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It is my understanding if you are on probation, you cannot leave the country at all, let alone your state.
2007-02-18 12:28:27
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answer #9
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answered by Groovy 6
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depends - you have to ask your lawyer or probation officer, ask for the details on your probation restrictions - I highly doubt it though (unless its probabation for running naked in the streets)
2007-02-18 12:30:06
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answer #10
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answered by T D 3
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