Can I Move to Another State While on Probation?
You have found yourself on probation for a criminal offense. You want a fresh start and have family in another state. You are considering moving, but you don’t think you can. After all, if you don’t follow the rules and restrictions of your probation, you could find yourself in jail.
Not so fast.
If you want to move out of state while you are on probation, it may be difficult, but it’s not impossible. There are two ways that you can initiate such a move. Before you ditch your dreams of starting over, continue reading to find out if you just might be able to follow through with your plans.
Interstate Compact Transfers
An interstate compact transfer is the transfer of supervision from one state to another. If you are on felony probation or under supervision due to a serious misdemeanor, you may be eligible for an interstate compact transfer. In order to qualify, you must have more than 90 days remaining on your probation.
If you are on probation for a lesser crime, you may not qualify for ICT. In this instance, you will have to have your probation discharged or wait out its term before you can move to a different state.
Applying for an Interstate Compact Transfer
If you would like to apply for an ICT, speak to your criminal defense attorney or probation officer. Either of these people can provide you with the application form, which you will fill out and turn in to the Clerk of Courts in your state. There may be a fee associated with this form, so be sure to ask about that before you try to turn it in.
Once you have turned in your form and payment, you will simply need to wait. The state has 45 days to review and decide upon your application. Most typically, if you have resided in the state for a year or more, the ICT will be approved. Be prepared, however, to show that you have a job or means of support and that you are currently in compliance with all terms of your probation.
Apply for a Discharge of Your Probation
Your second option is to apply for a discharge of your probation. Typically, you will have had to complete at least half of your term and all treatment requirements. Your probation officer can give you more information with regard to this process and assist you in determining if you qualify.
It is possible in many cases to move to another state while you are on probation. If you can prove to a judge that you can support yourself, are working to meet the terms of your probation and have a valid reason for moving, it’s more likely that your transfer request will be approved.
If you need assistance in having your probation discharged or applying for an ICT in Atlanta, reach out to our team of experienced criminal defense attorneys. We can help you take the steps to turning your life around and are happy to assist you. Call today to schedule a consultation.