CanI transfer out of state if on probation?

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CanI transfer out of state if on probation?

I’m on formal probation for 3 years. Can I transfer out of CA to OH. If so, how do I do it?

Asked on October 30, 2010 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Typically, you are allowed to transfer your probation from one state to another but it is not as simple as that.  Your probation officer will have to approve.  So ask your PO what your state's requirments are for moving (get them in writing); then show your PO that you have met them.  The stronger the case that you can make regarding your move the better. For example, inform them that you have a place to live, a job lined up, etc. - and have proof.  This should make things easier for you. If not, then you'll probably have to stay where you are. Technically, if your original probation officer does not want to give you authorization to transfer to another state, you may appeal the decision with the judge who presided over your trial. Typically, however, judges rule on the side of the PO in these matters. You would need to show that the decision places you at extreme hardship at the very least in such a case. Still it's worth trying. You'll have to demonstrate to the court that all state transfer requirements have been met. So have all of your proof and backup documentation with you (neat and organized) when you appear before the judge.

Note: You should be aware that transferring probation from one state to another also requires the agreement of the receiving state. This means that the state that you want to move to must agree to accept you and put you on probation there.


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