Last Updated on January 23, 2025
Those on both felony and misdemeanor probation are subjected to many limitations. Whether or not someone can travel while on probation depends on the terms of their release agreement, but typically, there are different rules for those on summary (misdemeanor) probation and those on formal (felony) probation. Even the terms listed on your probation agreement state that you cannot cross the state’s borders; however, you can sometimes obtain a permit to leave through the probation department.
The Two Types of Probation
Probation can be used as a penalty for those convicted of either a misdemeanor or felony, but these offenders each face different restrictions. Probation for misdemeanor crimes is known as informal or summary probation, whereas those convicted of felonies are sentenced to formal probation.
Can You Leave the State or Country While on Misdemeanor Probation?
Summary probation is less serious than formal, so there are fewer rules in this type of probation, and those on informal probation do not even have to regularly check in with a probation officer. However, everyone sentenced to probation must sign an agreement detailing the specific rules they must follow, and breaking these terms is a criminal offense. While the only universal rule about misdemeanor probation is that you cannot violate another law, you might also be required to go through anger management courses, attend DUI classes, pay restitution to the victim, or refrain from using drugs or alcohol.
How to Get Permission to Travel While on Formal Probation
Leaving the state is typically legal for those on summary probation in California, but that’s not the case for those convicted of a felony. Traveling while on formal probation for a felony offense is more complicated —and international and domestic travel, even just leaving the county, requires the approval of your probation officer.
Your probation officer is likely to reject your request if they believe that your travel may cause you to violate the conditions of your probation agreement. For example, if they think you would likely miss a counseling session.
If the probation officer rejects your request, your lawyer may be able to convince the officer to change his mind, or your attorney may request the judge to grant an exception for you to travel. Alternatively, if you have already completed half of your probation period and have followed all the required terms up until now, your attorney may be able to change your formal probation to a summary agreement with fewer restrictions. When your attorney’s request to change your formal probation to informal, you will no longer need to get permission from your probation officer or a judge to travel because leaving the state or country is usually legal for those on summary probation in California. You will still be on probation though, and therefore, need to continue following the terms of your new agreement.
How Long Does it Take to Get a Travel Permit While on Probation?
Depending on your probation officer, their jurisdiction, and the terms of your probation, getting a travel permit can take quite a while. You should start the process as early as possible, especially if you plan on traveling internationally, as your probation officer’s supervisor and director must sign off on the permit. It can take months to get an international travel permit approved, and permission for these permits is usually reserved for those traveling for business or family reasons, not for recreational vacations.
What if You Left the Country Without Permission While on Probation?
If you travel while on formal probation despite not having permission from your probation officer, you may be accused of violating the conditions of your probation. You can fight probation violations with a skilled lawyer, particularly if an emergency caused you to leave the county or if the incident resulted from an accident.
As an example, if you live in Imperial County and were using your boat in a Lake just off the California side of the border and happened to float across the border into Arizona, you would likely avoid legal consequences as long as you came back across as soon as you recognized the mistake. Similarly, suppose you were injured near Pala and were taken across the county border to a hospital in Temecula. In that case, you would be unlikely to be sent back to prison simply because you got medical care in Riverside County.
Always discuss your case with your defense lawyers before attempting to explain your situation to the police or your probation officer so you do not hurt your case. Keep in mind that because you have already been convicted and are serving time for a criminal offense, you are not guaranteed an attorney and will be sent to jail without the opportunity to post bail while you await your hearing.
What if I Get a Job Offer in Another County While on Formal Probation?
Unfortunately, things are rarely easy when you are on felony probation. While it’s possible to get an exemption to allow you to travel between counties for employment purposes, this usually requires hiring a criminal defense lawyer who can convince a judge to modify the conditions of your probation so you can travel between where you work and live.
You might think it would be easier to simply move to a home in the county where the new job is located, but moving out of the county when you are on formal probation requires a court order, so you still have to appear in front of a judge.
Moving While on Probation
If you want to move to another county in California while on formal probation, the court will generally approve of a jurisdictional transfer. In these cases, you will be monitored by the new county’s probation department. Typically, most court-ordered programs may be completed out of county, or even out of the state. House arrest must, however, be done in the county so you could move from Vista to El Cajon, for example.
When you want to move out of state, you will need a local court order, and your new state will need to accept responsibility for your supervision in an interstate compact agreement. If you move and are required to register as a sex offender, you must continue to do so in your new state.
If you have any questions about probation and international or domestic travel, or any other condition of your California release agreement, Peter M. Liss can help. Please call his law office at (760) 643-4050 to schedule a free consultation to discuss your specific situation.
