What Are The Criteria For Transferring Probation To A New State?

If you are put on probation after a criminal trial and you later wish to relocate to another state for work or for personal reasons, you cannot legally do so until you have sought the permission of the court.

Leaving the state without first being granted permission can land a probationer in prison, so it's a good idea for probationers to discuss the issue with both a probation officer and a criminal attorney. 

Going through the transfer procedure

Some probationers who were put on probation after a misdemeanor may not have to deal with the transfer process to relocate to another state. However, anyone on probation should definitely seek legal advice and consult with their probation officer before even thinking about leaving the state.

Any probationer guilty of a felony will have to be officially approved for transfer by meeting certain criteria. 

Determining eligibility

Most importantly, a probationer must be complying with the requirements of his or her probation before being permitted to transfer to another state.

In general, a probationer must also meet one of two additional criteria to be granted eligibility for a transfer to another state.

The probationer must either have qualifying familial relations in the state to which he or she wishes to move, or he or she must have been a resident of that state for one year or more before the criminal offense in question took place.

Transferring for work-related reasons

It's possible for probationers who don't meet one of the two above-mentioned criteria to be approved for an out-of-state transfer for work related reasons. However, the decision of whether this type of transfer will be permitted will be left up to the court/probation officer. 

The exact circumstances of the intended job role of the probationer could have a great deal to do with whether or not a probation officer or probation court approves a transfer.

Demonstrating that the intended employment in the new state will be stable and productive while keeping the probationer out of trouble is a good way to ensure the success of the transfer. 

Being accepted in the new state

Another thing probationers need to be aware of is the fact that the state they intend to transfer their probation to might not necessarily approve them.

Although some states might automatically accept a probationer who has been approved for transfer thanks to reciprocal probation agreements, this will not always be the case.

If a probationer has been denied a transfer by a receiving state, another option is to petition the probation court for a limited probation that might allow for relocation to the new state while still on probation. This will mean that a new probation officer in the receiving state will not be necessary. Contact a local attorney, such as Kaiser Law Group, if you have questions.