Can You Travel during Your Probation?
On probation in Oakland County, especially in communities like Bloomfield Hills and Bloomfield Township, your rules can vary by court order and your probation officer’s instructions. If you’re wondering what you can and can’t do about travel while supervised here in Oakland County (and across Michigan), this guide breaks down the essentials and how to get permission the right way, a process where a criminal lawyer in Oakland County can be a valuable asset. This question is particularly relevant for those who need to travel due to work obligations, family commitments, or for the enjoyment of a well-earned break.
Navigating the specifics of probation and travel can be challenging, as it typically depends on individual situations. It is crucial to seek advice from a skilled Oakland County criminal lawyer who can offer guidance specific to your case. At Michigan Defense Law, our criminal lawyers’ deep familiarity with local laws and regulations may be of great assistance in guiding you through the probation process, helping you to understand your rights and limitations to avoid violating probation. Contact us today at (248) 451-2200 to schedule a consultation.
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The Court Must Know and Approve of Any Travel Plans
Interviewer: Can you actually leave town while you’re on probation?
Paul J. Tafelski, Michigan Criminal Lawyer: In Oakland County, most probationers must get permission before leaving Michigan. Practically, that means submitting a written request through your probation officer with your destination, dates, purpose, and proof. That could involve the 6th Circuit Court in Pontiac or nearby district courts like the 48th District Court (Bloomfield Hills), 52-3 (Rochester Hills), or 52-4 (Troy). If travel is routine for work, your attorney may seek pre-approved or “blanket” permission at sentencing. For one-off trips, ask as early as possible so your officer has time to review and, if needed, contact the court.
Other times, they may have a specific trip planned or a specific event coming up, and we can get that permission right at the time of sentencing. But if something comes up while they’re on probation that they don’t already have permission for—they have to submit a request through their probation officer for permission to leave the state. Otherwise, if they get found out, it could be a violation of probation.
For example, I had a client call me once that he was living in the state of Florida. Even though he was on probation here, he had permission to live in Florida. However, he went on a cruise at the last minute for a weekend where they left the state of Florida and they went to the Caribbean somewhere.
Well, when he came back in, he went through Customs, and Customs found out when they ran his passport that he was on probation in Michigan and they notified his probation officer here that he had been traveling out of the country, and then his probation officer violated him here.
So bottom line is you do have to take that restriction pretty seriously, too, because the world is getting smaller and smaller with all the computer systems that are in place.
It’s an example of a situation where he just didn’t think about it and just wasn’t taking it as seriously as he should have. Probably, he could have got permission if he would have tried to do it ahead of time. But, instead, he just tried to sneak and then got caught.
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Travel Restriction for a Misdemeanor case
A person might obtain probation in several ways, such as through negotiation, by pleading guilty, or by mitigating the potential damage of a conviction. Regardless of the path taken, a misdemeanor conviction generally offers a greater chance for future success than a felony. This could lead to better arrangements, such as the possibility of traveling out of state or keeping a job after the conviction. Judges and probation officers may be more open to travel in less serious cases and when you’re compliant.
Travel Restriction for a Felony Case
International travel while on probation is tightly controlled. In Michigan, probationers need court approval to travel out of state, and probationers may travel to other countries only if the court approves. Parolees may not travel to other countries. If a judge or probation officer assesses flight risk or non-compliance, travel can be denied.
| Factor | Misdemeanor Probation | Felony Probation |
|---|---|---|
| Travel without permission | Not allowed; approval must be obtained from probation officer | Stricter restrictions; harder to get approval |
| How to request travel | Submit request with destination, dates, purpose, and contact details | Same process, but may also require court approval |
| Consequences of unauthorized travel | Considered a probation violation; may lead to penalties | Higher risk of arrest and probation revocation |
| Approval considerations | Past compliance, valid reason for travel, clear itinerary | Same factors, with added concern over flight risk and offense severity |
Oakland County Criminal Lawyer – Michigan Defense Law
Paul J. Tafelski
For more than twenty years, Paul J. Tafelski has fought for people facing criminal charges across Michigan. A graduate of Michigan State University and the Detroit College of Law at MSU, Paul is admitted in all Michigan state and federal courts. Clients and colleagues know him for his command of the courtroom and his practical, human approach to high-stakes situations.
Paul has successfully defended hundreds of cases from arraignment through jury trial, earning a solid winning track record and a reputation as an outstanding criminal defense lawyer. Recognized by Super Lawyers (2011–2013, 2017–2021) and named a Leading Lawyer (2017), he combines persuasive advocacy, clear communication, and a deep understanding of human nature to help clients avoid jail, protect their records, and move forward with their lives.
Permitted Travel
If you’re on probation, start with your probation officer, who will process your request and submit it as needed for court approval. In Michigan, leaving the state requires the court’s consent; officers typically issue a travel permit only after approval is granted. International trips for probationers are allowed only with court approval, and parolees may not travel outside the U.S. If there’s any flight-risk or compliance concern, approval can be denied.
Can Felons Leave the Country?
While you’re on probation in Michigan, you may not leave the United States without advance court approval. Your probation officer cannot authorize international travel on their own. Submit a written request through your officer with your destination(s), dates, purpose, itinerary, and proof (e.g., work letter, family documentation). Build in lead time, the officer may need to confer with the prosecutor and seek a judge’s order. If granted, you’ll receive a travel permit specifying where and when you’re allowed to go.
Courts typically weigh your compliance to date (missed tests, fees/restitution status, reporting history), the nature of the offense, your flight-risk profile, and whether the trip is necessary (work or family need) versus discretionary. Last-minute leisure trips are less likely to be approved than verified work travel or documented family emergencies.
Parolees may not travel outside the U.S.
Unauthorized international travel can trigger a probation violation. Ports of entry and carriers routinely share data with law enforcement, so attempting to “sneak” a trip risks immediate notification to your probation officer.
Can You Leave the State on Probation
While on probation, it’s typically expected that you remain within your state of residence. Permission to travel out of state must usually be granted by either the court or your probation officer. This could be arranged during your sentencing if you can demonstrate a valid necessity for travel, such as for work or a planned event.
However, unexpected travel needs may arise while you’re on probation. In such instances, it’s crucial to seek permission from your probation officer before leaving the state. Failure to obtain approval could result in a violation of your probation terms, which may carry serious consequences.
Probation terms can vary significantly depending on whether the offense was a misdemeanor or a felony, with the latter usually carrying stricter conditions. Always consult with your probation officer or legal counsel to understand your specific probation conditions and how they impact your freedom of movement.
Serving clients across Oakland County (including Bloomfield Hills, Bloomfield Township, Troy, Rochester Hills, Novi, Royal Oak, Pontiac, and cases in the 6th Circuit Court (Pontiac) and nearby district courts), Michigan Defense Law can help you request travel permission, avoid violations, and fight for probation terms that fit your work and family needs. Call (248) 451-2200 to talk with an Oakland County criminal lawyer today.
Travelling abroad while on licence
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Aim of this information
This page aims to set out the approach of Probation to travelling abroad and highlights some cases where individuals have successfully challenged their Probation Officer’s decision to refuse them permission to travel.
It forms part of our section on travelling abroad.
Why is this important?
It is likely that you will face restrictions on travelling abroad whilst being supervised on licence in the community. Licences include a standard condition that you must not travel outside the United Kingdom without obtaining the prior permission of your supervising officer which will be given in exceptional circumstances only.
It is important to understand how Probation will view your intention to travel abroad and the options open to you if you are refused permission prior to making any definite plans.
What is meant by abroad?
The key thing to do in this situation is to check your specific licence conditions. The standard licence condition is “not travel outside the United Kingdom, the Channel Islands or the Isle of Man without the prior permission of the responsible officer”
Whilst on licence, you can travel freely within the United Kingdom – this includes England, Wales, Scotland and Northern Ireland. The Channel Islands includes Jersey and Guernsey. Added to the Isle of Man, these represent three Crown Dependencies.
However, this does not extend to those countries which the United Kingdom has sovereignty over, including 14 British Overseas Territories. British Overseas Territories include Bermuda, the Cayman Islands, the Falkland Islands and Gibraltar. Being independently administered jurisdictions, none form part of the United Kingdom, although the UK government government manages their foreign affairs and defence and the UK Parliament has the authority to legislate on their behalf. As such, if you wish to travel to any of these whilst on licence, you will need to seek permission first.
The approach of Probation
Guidance on the Probation Service’s decision-making process in allowing temporary travel abroad while on licence is contained in Probation Instruction 20/2012.
Each Probation Area should also have their own approach towards travel abroad. For example, we obtained a copy of the London Probation Trust’s policy as it was in January 2011.
Steps to take
- Check your licence conditions to see whether you are prevented from travelling abroad. If you are not allowed to travel, you will need to seek permission from your Probation Officer.
- Speak to your Probation Officer about the best way to seek permission. Ideally, whilst you may be able to approach your Probation Officer informally in the first instance, you will probably need to put your request in writing, asking for a response in writing. This way, if you are refused, you will at least be provided with reasons why. Before asking for permission, you should refer to the above Probation Circular to help you to make your case for why you should be allowed temporary permission to travel abroad. You should also ask your Probation Area if they have a copy of their own policy that they can provide you with. Some may just rely on the Probation Circular, whereas some may also have their own policy.
- If you are refused permission, you will then need to go through the Probation Services Complaints Process.
- Once you have exhausted this process, you have the option to challenge the decision of the Probation Service by means on Judicial Review. This is a court process which as an individual you can do yourself without being legally qualified. However, you may wish to enlist the services of a solicitor to help you.
Successful cases
An Unlock client challenged the decision of Probation to refuse him the ability to travel abroad whilst on licence.
In brief, he was granted permission in February 2009 to travel abroad for employment, on certain terms, including advising the purpose of proposed trips, the intended destination(s) and when back in the UK. He then obtained work and received a very significant income, enabling him to establish a business employing several staff. Between February 2009 and May 2010, the probation service acknowledged on several occasions that he was utilising the permission properly and that he had fully complied with its terms. However, in May 2010, citing the same ‘guidelines’ that applied at the time of the permission, the probation service abruptly withdrew their permission for him to travel.
If a government department acts unreasonably or irrationally, you can ask for a ‘judicial review’ in the courts and so he started these proceedings against the probation service. The individual was successful in his application for interim relief. This means that he is able to travel abroad in connection with his employment until his case is heard in full. The Probation Service managed to get the courts to reject the application on the papers, and reverse the interim permission to travel. The individual therefore applied for an oral hearing. At an oral hearing, permission was granted for a full judicial review. The Probation Service finally capitulated and signed a consent order permitting the individual concerned to travel abroad. The procedure is as follows:
- The purpose of proposed trip(s) and the intended destination(s) are sent;
- Probation advise within five working days of any reasonable objection;
- Subject to no objection, Probation are sent travel dates and accommodation address(es);
- Probation are notified of any minor logistical changes;
- Probation are notified when back in the UK.
Although this case was dealt with by consent, the individual was concerned to avoid any future issues and so obtained a court order. It therefore sets a precedent for future cases. Nevertheless, it is an exceptional case because a) the individual, although British, had lived and worked abroad for nearly twenty years and b) Probation originally granted permission but then revoked it some time later with no apparent justification. It does, however, show that Probation, when pushed, will give someone permission to travel abroad whilst on licence. This individual succeeded because he demonstrated that Probation’s policy was irrational and because, despite the procedural difficulties, he would not give up.
“My probation trust has just granted me permission to travel abroad for business purposes. My application was for travel to The Netherlands, returning the same day (business meeting). My index offence is a s.20 wounding and I still have about 4 months of licence. I applied about 3 weeks ago and it took this long to get a decision (it went all the way up to the regional direction) and it took a bit of chasing from my end”
Resettling abroad whilst on licence
We often get queries from people who would like to move abroad when they are released from prison. It is not easy to move to another country while on licence. There is no automatic right to do this. HMPPS has published guidance – this is regularly updated, so a direct link is not possible, but the guidance should be available from here.
Supervision on licence is part of a sentence. Although you’re not in prison, the time on licence is still part of your sentence given by the court. This means that HMPPS, through the probation officer are responsible for supervising you. Breaking the conditions on the licence can mean going back to prison. All licences include a condition that the address must be approved by the probation office and any proposed change to the address – even for one night – must be approved by the probation officer.
Usually you must spend some time in the community in the UK on licence before you can be considered for resettlement overseas. This is so there is time to assess any risk of reoffending and ensure they can keep to the licence conditions. It is very rare for someone to be allowed to leave the country straight after release. This will usually only happen if you have been released under exceptional compassionate circumstances. In some rare cases the Parole Board might approve a release abroad as part of the resettlement plan. In a situation where someone was being resettled abroad, they would be expected to report at least once to the probation office so that the licence could be explained to them.
In deciding whether to grant permission, the probation services will look at whether there are close family or other ties (such as living somewhere else for a long time). Secondly, they will assess whether the offence has any connection with the country you want to go back to. Thirdly, they look at whether moving abroad would reduce the risk of reoffending . If the probation officer believes that a move abroad would be likely to increase the risk of harm or reoffending then the application will be refused.
Any request to live abroad would have to be signed off by a chief executive of a Probation Trust and then be confirmed by the Secretary of State. However, the Secretary of State has given this authority to governors (for determinate sentenced prisoners) and the Public Protection Casework Section in HMPPS (for indeterminately sentenced prisoners).
The licence still remains in force while someone is abroad. It will expire at the usual licence expiry date, and will be a life licence for people on a life sentence. If you come back to the UK during the licence period, you should let the probation service know within 2 working days. If you return to the UK during the licence period, the licence will still be in force.
