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Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
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Does US Customs know if you are on probation when they scan

Customer Question

Does US Customs know if you are on probation when they scan your passport? I have travelled domestically without permission from my Probation Officer, and want to travel outside the US for 5 days. I have no warrants or anything outstanding for the Marshal WINS database and the offense was a felony but has been adjudicated and is simply probation . thoughts?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 3 years ago.
Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience...what is your immigration status? when were you convicted of the crime you are on probation for?
Customer: replied 3 years ago.
I am a US Citizen and just recently (2 weeks ago) got my brand new/renewed passport. I am on probation for an E Felony in NY state. straight probation/monthly reporting. Really wanted to know if there are no warrants or anything outstanding, and my PO thinks I will be out of town anyway (just not international), does US Customs know or will they cause any problems
Expert:  Georgetown Lawyer replied 3 years ago.
they would see the conviction but not that you are on probation. it is not an issue for a u.s. citizen coming into the u.s. it would only be an issue for a foreigner with a conviction trying to return to the u.s. so that is why I asked your status. It is not an issue for you. what is an issue however is you leaving the u.s. without permission from your p.o. that one I would not recommend and you should really get permission so you do not end up having your probation revoked. It's your choice however, just some friendly advise. I hope this helps clarify.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Customer: replied 3 years ago.
So in reality if my PO expects me to be out of town anyway (and she does not do home visits), as long as im not in violation or have a warrant, my state charge would show up definitely? Would the US Customs or immigration have to seek that info out or it would definitely come up as a past conviction
Customer: replied 3 years ago.
Sorry, let me clarify

1) The conviction would definitely show up for US Customs/DHS - or do they have to specifically look for convictions? This is a 5 day trip to Jamaica, no place weird.
2) Does probation get notified if your passport is used (the PO expects me to be out of town anyway; and he does not do home visits/etc. So, i just want to make sure i can go and come back without being stopped by anyone in the airport.
Expert:  Georgetown Lawyer replied 3 years ago.
it should be in the computer but understand this is a security issue, they do not share what they do and how they do it with the public, so i hope you can appreciate that. also, you are playing a dangerous game...being out of town and being out of the country are two different things. you never know what can happen. you may get into an accident and can't make it back to the u.s. ...you just never know. so take the risk if you want just be prepared for the consequences if something happens beyond your control. It's your choice and your life. I hope this helps clarify. thanks and please be sure to click ACCEPT so that I may be paid for my time and answers. Best regards.
Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Georgetown Lawyer replied 3 years ago.
how is it incomplete?
Customer: replied 3 years ago.
Well your basically not telling me if probation is notified. And it doesnt make any sense. why would Customs stop someone whose a foreigner with a US conviction vs me as US citizen with a conviction? Basically if i am out of town (and nothing happens) you are very much in the clear, are you not? Or am i going to get stopped due to my state probation (even if there are NO warrants/pending charges)
Expert:  Georgetown Lawyer replied 3 years ago.
I see. ok, let me opt out for another expert to assist you. I simply cannot tell you what you want to hear. the biggest frustration as an attorney is when people come for advice and you tell them the right thing to do and they want to go around the law and then when they end up in trouble then they have to come back and look for a way out, when honesty and doing it right is always the way. simply asking the probation officer permission is the thing to do. so I'm sorry I cannot help you get around the system and I doubt that any ethical attorney will tell you otherwise. I hope you get by without any trouble but if your probation gets revoked I sincerely hope it was worth the risk. No reply is necessary, I will opt out and the other experts can see your question on the board and will answer if they choose to do so. It's the weekend, so not to many are on now so be patient and someone will help if they choose to do so. good luck in your quest.
Customer: replied 3 years ago.
NO need to get frustrated. YOu basically said that Customs would see my conviction but not probation. Does that give them grounds to pull you aside or alert anyone? as a US Citizen?
Expert:  Georgetown Lawyer replied 3 years ago.
it's just as an attorney when you see people doing things that can turn out badly, you understand objectively it is not worth the risk. Basically this is the same question in a different format. We are not told the relationship between customs and the criminal court/probation office. they may want to look further into the conviction and see you are on probation and then notify your officer to see if you were authorized to leave the country. It CAN happen but I cannot tell you for sure. that is my point, I do not think anyone can tell youf or sure. that is why it is not worth the risk, so either ask for permission or wait until probation is done. the trusted you to behave and gave you probation for a reason, it would be good to behave for that period of time and play by the rules. anyway, it's your life and your call. Best of luck, sincerely.

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