Can I Move to Another State While on Probation?

According to Illinois criminal attorney Lewis Gaynor, defendants who are placed on probation for committing criminal offenses are not allowed to leave the state without the court's permission. The law provides for one exception pursuant to the Interstate Commission for Adult Offender Supervision. This exception allows the person's probation to be transferred to another state. For transfers shorter than 45 days, offenders may request a travel pass.

Jason Schatz of Schatz Anderson and Associates in Utah explains that relocation permissions depend on whether an individual is on probation for a misdemeanor or a felony. Misdemeanor offenses often allow for termination of supervised probation as long as the individual has been compliant. The individual must still meet with a new probation officer after relocation either in person or via telephone check-in.

According to New York attorney Michael Kramer, probation transfers are issued under specific circumstances. Approval often depends on whether or not the transfer state is willing to accept the individual on probation. If the new home state is unwilling to accept the individual on probation, the probation officer assigned to the case has the option to file a request to terminate the probation in order for the individual to move out of state. If the judge does not approve the discharge and the individual on probation proceeds to move out of state, issues can arise in terms of reporting requirements.