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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116706
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My passport
, yea i have a passport and was wondering

Customer Question

Customer: my passport
JA: Thanks. Can you give me any more details about your issue?
Customer: yea i have a passport and was wondering if I can travel to europe i am still on felony probation
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Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
I need to know if my probation officer and probation office will find out if I leave the country? Also, does Great Britain, Hungary and Czech Republic have any issues with people on felony probation?
Customer: replied 1 year ago.
or Holland...
Customer: replied 1 year ago.
Marijuana possession was the charge.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your probation terms state you cannot leave the country or state and you do so, you are likely going back to jail for a probation violation. The probation officers routinely run checks through homeland security on records. Also, when you go to re-enter the US, your criminal record and probation will come up, so that is where your probation officer will receive notice.
In general, the UK and Czech Republic and Hungary or Holland will allow a convicted felon to enter even on probation, that is not your issue, the issue is when your probation officer learns about it from homeland security on your return and you end up with a probation violation.
Customer: replied 1 year ago.
The response on your website totally contradicts what you just said. One of your responses says only warrants come up and probation docs do not appear on passport scans.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I have no website. I can tell you that when you reenter the US, the homeland security computer will show your entire record, including the probation information. I just had a client come back with the same issue and we are going to court in a month. Whoever said that only warrants come up is not correct. They will see your record, but it then becomes up to your probation officer as to what they wish to do with it and whether or not they want to pursue the violation.
Customer: replied 1 year ago.
My probation officer does not routinely check through homeland security records
Customer: replied 1 year ago.
if they see my record what does that mean? It doesn't list my probationary terms on my record.
Customer: replied 1 year ago.
Ok, when someone travels abroad outside the US, there is no check on the way out. They are only run through the NCIC database upon re-entry into the US to check for any outstanding warrants or pending criminal charges. So if you are in full compliance with your probation and have no warrant outstanding, then it would be extremely unlikely that the PO would ever find out about your trip unless someone informed him.
Customer: replied 1 year ago.
There are multiple answers EXACTLY like this one on just answer website
Customer: replied 1 year ago.
Expert:  Law Educator, Esq. replied 1 year ago.
No attorney will be stupid enough to tell you to violate the law. If you are looking for that, please go to the websites where non-attorneys post their opinions and not the law.
I am telling you that they do indeed see your records and since 9/11 homeland security has had access to more than only NCIC. Furthermore, if they see a conviction, they will ask you about it as well, they can see the date of your conviction, they know what a felony and misdemeanor are and they are not stupid, so they also will ask you about the conviction and I am guessing when they do you plan on also lying to them about probation.
I am trying to tell you how to stay out of trouble, but personally I have no dog in this fight. I do not support the government's position nor do I support your position, I am simply telling you the law and also what has happened to a client of mine (a real person) who is now going to court over doing just what you are saying above.