Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to help you out with this issue.
Kirk Adams : One question - - Is this a misdemeanor offense?
Kirk Adams : If this is for a misdemeanor offense, and if a condition of your punishment did not include surrendering your passport, then you should be ok.
Kirk Adams : This is so because unsupervised probation USUALLY does not require that you remain in the state or the country.
Kirk Adams : So, as long as you weren't ordered to surrender your passport, you should not have a problem.
yes this is a misdemeanor offense in the 4th degree. I was not asked to surrender my passport. But the initial meeting with the probation officer from court after my plea of guilty with the prosecutions terms (when I brought it up that I was leaving on business to Australia) she stated that they only gave permissions to travel within the USA.. so that is why I am concerned. So what shows up on your passport for custom agents? Convictions or probabtion or warrants? Can you please advise?
Kirk Adams : Well, you would have to look at the terms of your probation to see whether the probation officer is correct.
Kirk Adams : If the terms of probation doesn't specifically state you can't leave the country, then it should not be a condition, but if the probation officer says that is a condition, then the SAFEST thing would be to file a motion for clarification with the court and ask the judge whether or not you can travel abroad.
Kirk Adams : I know that's a hassle, but that's the only way to make sure.
I was never given terms or any documents regarding my unsupervised probation gor this 4th degree misdemeanor..so my question is what information shows up for the customs agent in their display? I am leaving tomorrow night...
I am really wanting to know what the custom agent see's....do convictions. probation's show on their display?
Kirk Adams : Unless there's an outstanding warrant for your arrest, then it's not likely you would be prohibited from leaving the country or re-entering.
I thought it was only warrants....is mu understanding
Kirk Adams : However, you are taking a big gamble if you are violating the geographic restrictions of your probation.
I understand that but if this is unsupervised probation and I've met all the criteria my only concern is what the customs agent see from my passport data.. so does what they see include probation data?
I will file a motion with the court on my return...
I just need a definitive answer on what the customs agent see on my passport data.
Kirk Adams : All crimes appear, but the details of your probation should not. Also, any outstanding warrants would appear, or if there are any holds on your passport, that would appear as well.
Kirk Adams : Also, there are other things - like if you were on a watch list for something (like terrorism or being a fugitive, etc. - - would show.
Kirk Adams : You likely would have no problem leaving or entering - - but doing so could still be a violation of your probation.
nothing like that would apear... so your stating no probation details would display to the customs agent when looking at my passport data? I have no outstanding warrants no holds on my passport...
And I am not on any watch lists.....
like I stated I did not have to surrender my passport and have no warrants and just this 4th degree misdemeanor conviction as of 6/27/13
Kirk Adams : Yeah, since it's a misdemeanor offense, and you're on unsupervised probation, there should be no issue passing through customs. But, like I said, it could still be a probation violation.
correct I undersatnd and you've been very helpful... I am not concerned at this time with a probation violation I just needed to know if I am going to get stopped by customs... that is all I needed to know...
Kirk Adams : Sure. I understand what your instant concern is.
Thanks Kirk ....so in closing you are stating no probation info appears for customs then?
Kirk Adams : Obviously, NO ONE can tell you for certain what is coded into your passport and what may appear, but generally, misdemeanor offenses are considered to be of little concern, and I have never had a client denied passage because of a misdemeanor conviction.
Kirk Adams : The only time I've seen a denial of travel is if the passport has been ordered to be surrendered.
gotch ya... your excellent...marking your rating now...