People on probation have agreed to certain terms and conditions that allow them to remain in the community. Usually that supervision will be provided by the sentencing court and probation agency in the judicial district or county of conviction. Probation terms may include restrictions on travel and residency changes. Probationers who want to move closer to home, work, or family or to another state will need to review the conditions of their probation and take the appropriate steps before moving to avoid violating probation.
Can I Move While on Probation?
It’s possible, but a lot will depend on where you want to move, for what reasons, and how a move will impact the responsibilities you’ve undertaken when accepting probation.
If you’re subject to administrative or informal probation (with no formal supervision), the terms of your probation might only require that you inform the court of an address change. But if you have supervised probation with periodic check-ins, along with treatment requirements or other responsibilities, you'll likely need to consult with your probation officer. The probation officer will want to know why this move is worth the hassles and expense of supervising you from afar or transferring probation to another agency.
Can I Move to Another City or County While on Probation?
It’s best to consult your probation officer before moving to another residence, even if it’s only across town. If you aren’t assigned a probation officer, review the terms of your probation agreement. Sometimes, the only requirement for moving is to inform the court of the change of address. But other times, you may need to provide more information or submit a formal transfer request.
Each state has different probation rules—as does the federal government. Each probationer will also be subject to different terms. Carefully review and follow the terms of your probation. When in doubt, contact your probation officer, the probation office, or the court. A violation can result in an arrest and time behind bars.
Can I Move to Another State While on Probation?
Moving to another state requires a lot more paperwork and the consent of both the sending and receiving states. All 50 states participate in the Interstate Compact for Adult Offender Supervision (ICAOS), which sets eligibility requirements and establishes a transfer process.
Basic eligibility requirements include:
- having more than 90 days left of supervision
- being in substantial compliance with your probation terms
- having a proposed place to live or established residence, and
- having a job or means of support.
Most interstate transfers involve a probationer requesting supervision in their state of residence or near family members. You can find more information on the ICAOS website. A probationer who moves to another state without complying with the ICAOS can face criminal penalties.
For those under federal supervision, the rules and jurisdictional boundaries are different. You’ll need to speak with your U.S. probation officer about the process for formally requesting a move and supervision transfer to another judicial district.