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Executive Chair Award

california probation travel permit

Mark Patterson

Mark Patterson currently serves as the Deputy Compact Administrator for the Oregon Department of Corrections. Mark oversees the Compact operations for Oregon’s 36 Counties, as well as the Earned Discharge, Family Alternative Leave and Short Term Trans Leave programs for the ODOC.  Mark is currently serving as the West Region Chair for the DCA Liaison committee for the Interstate Commission for Adult Offender Supervision.  Mark has been serving in the DCA position for over 7 years and prior to this role was a Prison Term Analyst.

Bench Book - 3.5.2 Temporary Travel Permits

Offenders may be granted travel permits. A travel permit is the “written permission granted to an offender authorizing the offender to travel from one state to another.” See Rule 1.101 . Rule 3.110 requires a receiving state to provide notification to a sending state prior to issuing a travel permit to travel to the sending state.  Exceptions exist when the travel is limited to what is necessary for employment or medical purposes.  See Rule 3.110 .

Definitions

Click terms below to reveal definitions used in this rule.

Definition - Temporary Travel Permit 

Temporary Travel Permit – means, for the purposes of Rule 3.108 (b) , the written permission granted to an offender, whose supervision has been designated a “victim–sensitive” matter, to travel outside the supervising state for more than 24 hours but no more than 31 calendar days. A temporary travel permit shall include a starting and ending date for travel.

  • Chapter 1: Definitions - Rule 1.101
  • Rule 3.108-1 - Victim notification and requests for offender information

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Restrictions for California

Review Supervised Release restrictions in each of the federal districts and the Sex Offender Registry requirements for the state of California

California Federal Districts:

Northern, eastern, central, and southern.

Below you will find information on standard conditions of supervision and travel restrictions, as well as sex offender registry requirements. 

Always follow the conditions and restrictions given to you by your U.S. Probation Officer.

California District Map

Select your district below:

Northern district.

California Northern District map

Eastern District

California Eastern District map

Central District

California Central District map

Southern District

California Southern District map

Northern District of California

Mandatory conditions of supervision.

  • You must not commit another federal, state or local crime.
  • You must not unlawfully possess a controlled substance.
  • You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court.          □ The above drug testing condition is suspended, based on the court’s determination that you pose a low risk of future substance abuse. (check if applicable)
  • □ You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of restitution. (check if applicable)
  • □ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
  • □ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
  • □ You must participate in an approved program for domestic violence. (check if applicable)

Standard Conditions of Supervision

As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation officers to keep informed, report to the court, and bring about improvements in your conduct and condition.

  • You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of RELEASE, unless the probation officer instructs you to report to a different probation office or within a different time frame.
  • After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed.
  • You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer.
  • You must follow the instructions of the probation officer related to the conditions of supervision.
  • You must answer truthfully the questions asked by your probation officer.
  • You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with, for example), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.
  • You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by these and the special conditions of your supervision that he or she observes in plain view.
  • You must work at least part-time (defined as 20 hours per week) at a lawful type of employment unless excused from doing so by the probation officer for schooling, training, community service or other acceptable activities. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.
  • You must not communicate or interact with someone you know is engaged in criminal activity. You must not associate, communicate, or interact with any person you know has been convicted of a felony, unless granted permission to do so by the probation officer.
  • If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
  • You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the permission of the court.
  • You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).

□ If the probation officer determines that you pose a risk to a third party, the probation officer may require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the person and confirm that you have notified the person about the risk. (check if applicable)

Travel Restrictions

The Northern District of California is comprised of 15 counties. You are allowed to travel freely within these 15 counties. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these 15 counties must be approved in advance by your U.S. Probation Officer.

Failure to do so may result in a violation of your supervision.

California Northern District map

For more information visit the links below:

Eastern district of california.

  • The defendant shall not leave the judicial district without the permission of the court or probation officer.
  • The defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer.
  • The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer.
  • The defendant shall support his or her dependents and meet other family responsibilities.
  • The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons.
  • The defendant shall notify the probation officer at least ten days prior to any change in residence or employment.
  • The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substance, except as prescribed by a physician.
  • The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.
  • The defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer.
  • The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer.
  • The defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer.
  • The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court.
  • As directed by the probation officer, the defendant shall notify third parties of risks due to the defendant’s criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to the defendant’s compliance with such notification requirement.

The Eastern District of California is comprised of 34 counties. You are allowed to travel freely within these 34 counties. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these 34 counties must be approved in advance by your U.S. Probation Officer.

California Eastern District map

Central District of California

  • The defendant must not commit another federal, state, or local crime.
  • The defendant must report to the probation office in the federal judicial district of residence within 72 hours imposition of a sentence of probation or release from imprisonment, unless otherwise directed by the probation officer.
  • The defendant must report to the probation office as instructed by the court or probation officer.
  • The defendant must not knowingly leave the judicial district without first receiving the permission of the court or probation officer.
  • The defendant must answer truthfully the inquiries of the probation officer, unless legitimately asserting his or her fifth amendment right against self-incrimination as to new criminal conduct.
  • The defendant must reside at a location approved by the probation officer and must notify the probation officer at lease 10 days before any anticipated change or within 72 hours of an unanticipated change in resident or persons living in defendant’s residence.
  • The defendant must permit the probation officer to contact him or her at any time at home or elsewhere and must permit confiscation of any contraband prohibited by law the terms of supervision and observed in plain view by the probation officer.
  • The defendant must work at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons and must notify the probation officer at least ten days before any change in employment or within 72 hours of an unanticipated change.
  • The defendant must not knowingly associate with any persons engaged in criminal activity and must not knowingly associate with any person convicted of a felony unless granted permission to do so by the probation officer. This condition will not apply to intimate family members, unless the court has completed an individualized review and has determined that the restriction is necessary for protection of the community or rehabilitation.
  • The defendant must refrain from excessive use of alcohol and must not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician.
  • The defendant must notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer.
  • For felony cases, the defendant must not possess a firearm, ammunition, destructive device, or any other dangerous weapon.
  • The defendant must not act or enter into any agreement with a law enforcement agency to act as an informant or source without the permission of the court.
  • As directed by the probation officer, the defendant must notify specific persons and organizations of specific risks posed by the defendant to those persons and organizations and must permit the probation officer to confirm the defendant’s compliance with such requirement and to make such notifications.
  • The defendant must follow the instructions of the probation officer to implement the orders of the court, afford adequate deterrence from criminal conduct, protect the public from further crimes of the defendant; and provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.

The Central District of California is comprised of 7 counties. You are allowed to travel freely within these 7 counties. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these 7 counties must be approved in advance by your U.S. Probation Officer.

California Central District map

Southern District of California

The Southern District of California is comprised of San Diego and Imperial counties. You are allowed to travel freely within these counties. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these counties must be approved in advance by your U.S. Probation Officer.

California Southern District map

California Sex Offender Registry Requirements

What is the sex offender registry, what is the sex offender registry.

Every state and U.S. territory requires those convicted of sex offenses to be added to a registry to be monitored and tracked after their release back into the community.  Information about the offender is collected and shared with local and federal authorities, as well as the general public.  Requirements and restrictions are often placed on registered sex offenders.  That registration process is unique in each state and U.S. territory.

Reentry (2)

What is SORNA?

The Sex Offender Registration and Notification Act (SORNA) was passed in 2006 as part of the Adam Walsh Child Protection and Safety Act to provide federal standards for jurisdictions to follow.  SORNA calls for states and U.S. territories to meet minimum requirements for sex offender registration and notification.

Why Are the Requirements for Sex Offender Registration Different Everywhere?

While SORNA’s guidelines streamlined registration and notification requirements across the country, these requirements are far from uniform.  Each jurisdiction determines the details of their own registration process.  This leaves a patchwork of rules for sex offenders that vary widely depending on where a registrant lives or works.

Where PIN Comes In

Probation Information Network developed a list of questions regarding the sex offender registration requirements across the country.  These are questions that might concern the public, victims and their advocates, or those who are facing registration or are currently registered and their loved ones.  We then searched the statutes or code of each jurisdiction for the laws surrounding sex offender registration and notification.  Where necessary, we consulted with the law enforcement agency in charge of the jurisdiction’s registry to provide clear and concise answers to the following questions:

What is the duration of registration?

How long must a sex offender remain on the registry?  The length of time a sex offender must comply with registration requirements varies widely depending on the jurisdiction where the registrant lives, and the level of the offense committed.  All but 2 jurisdictions offer a path for eventual removal from the registry for at least some of their registrants.

Must the immediate community be notified directly, either by the offender or law enforcement?

Every jurisdiction has passive community notification in the form of a public sex offender registry website.  Concerned citizens are free to search the website and can sign up for email notifications if a sex offender moves into their neighborhood.  Some jurisdictions go even further and require active notification, where either law enforcement or the offender themselves is required to directly notify the immediate community that a sex offender is in the area.  This can take many forms, including electronic, mail, or in-person notification, publication in local newspapers, and community meetings.

What are the residence distance restrictions?

Are there any restrictions on where a registered sex offender can live?  Some jurisdictions restrict registrants from living within a measured distance of certain places.  This restriction could be for all registrants, or only for higher-level offenders or those under supervision.  Some jurisdictions do not have a state-wide restriction but do allow local jurisdictions to enact their own.

What are the employment distance restrictions?

Registered sex offenders are usually restricted from certain types of employment, and from working at establishments that specifically cater to minors.  Some jurisdictions go even further and restrict registrants from working within a measured distance of certain places.

  • Is an employer’s information included on the public registry?

Returning citizens of every type need to find employment upon reentry, and sex offenders are no exception.  Some jurisdictions include registrants’ employment information on the public registry website.  This could be the employer’s address or in some cases the name of the employer.

Are online identifiers included on the public registry?

Some jurisdictions require registered sex offenders to report any identifiers they use online, such as email addresses and social media user names.  In some jurisdictions that information is included on the public registry website, separate from the registrant’s profile, in a feature that allows the public to search by specific identifiers.

Is a state-issued ID required to be labeled?

Some jurisdictions require a state-issued ID, such as a driver’s license, to be labeled to identify the holder as a registered sex offender.  This label could be the words “Sex Offender” printed on the ID in a prominent place or a more subtle designation known to law enforcement.

What is the cost of registration?

Is there a fee to register as a sex offender?  Some jurisdictions pass on some of their administrative costs to the registrants.  This could be a one-time fee paid only upon initial registration, or an ongoing fee paid annually or quarterly.  Some jurisdictions charge a fee every time a registrant updates their information.

How long can a registrant be in the state for work or education before registration is required?

Does a sex offender have to register if they work or go to school in a different state?  It depends on the state, and how long the registrant will be there.  Some jurisdictions require registrants to notify authorities immediately, while others allow limited stays without requiring registration.  Registrants currently under supervision usually need permission from their Parole or Probation Officer before traveling and should always consult their supervising officer.

How long can a registrant visit the state before registration is required?

Can a registered sex offender go on vacation?  Does a sex offender have to register if they visit a different state?  It depends on the state, and how long the registrant will be there.  Some jurisdictions require registrants to notify authorities immediately, while others allow limited stays without requiring registration.  Registrants currently under supervision usually need permission from their Parole or Probation Officer before traveling and should always consult their supervising officer.

The answers provided are taken directly from the laws found on the state or territory’s legislative website or, where necessary, from the website of the law enforcement agency in charge of the jurisdiction’s registry.  In some cases, we contacted state or territory officials for clarification and have directly quoted those conversations.

While we stand by our research, it is for informational purposes only.  It should not be considered legal advice and, while we strive to provide accurate and up to date information, it is not guaranteed to be complete or correct.  We provide links to each jurisdiction’s legislative and law enforcement websites and maintain a directory of lawyers who specialize in sex offender registration laws.  For those currently under supervision, consult with your Parole or Probation Officer for guidance.

CA Penal Code § 290

(d) A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:

(1)(A) A tier one offender is subject to registration for a minimum of 10 years.

(2)(A) A tier two offender is subject to registration for a minimum of 20 years.

(3) A tier three offender is subject to registration for life.

Penal Code section 3003.5(b), the law enacted by ballot initiative in 2006 prohibiting registered sex offenders from living within 2,000 feet of a school or park, was held unconstitutional in 2015. The California Supreme Court found that when there was insufficient affordable housing for registrants, the law had the opposite effect on public safety intended by creating a homeless population of transient sex offenders. CDCR now applies the residency restriction to parolees only on a case by case basis. In 2016, an appellate court ruled that the residency restriction does not apply to registrants on probation as a blanket restriction. The California Supreme Court had earlier ruled this law applied only to persons who were released from custody after November 7, 2006, rather than basing retroactivity on when the registrant gained a residence within the 2000 foot zone. Today, the restriction only applies if it is imposed as a probation or parole condition, based on an individual offender’s record.

            – Office of the Attorney General, California Department of Justice

Is an employer's information included on the public registry?

CA Penal Code § 290.46

(a) (1) On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the person’s employer and the listed person’s criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.

CA Penal Code § 290.45

(h) (1) Notwithstanding any other law, a designated law enforcement entity shall only use an Internet identifier submitted pursuant to this chapter, or release that Internet identifier to another law enforcement entity, for the purpose of investigating a sex-related crime, a kidnapping, or human trafficking.

(2) A designated law enforcement entity shall not disclose or authorize persons or entities to disclose an Internet identifier submitted pursuant to this chapter to the public or other persons, except as required by court order.

CA Penal Code § 290.012

(d) No entity shall require a person to pay a fee to register or update his or her registration pursuant to this section. The registering agency shall submit registrations, including annual updates or changes of address, directly into the Department of Justice California Sex and Arson Registry (CSAR).

CA Penal Code § 290.002

Persons required to register in their state of residence who are out-of-state residents employed, or carrying on a vocation in California on a full-time or part-time basis, with or without compensation, for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year, shall register in accordance with the Act. Persons described in the Act who are out-of-state residents enrolled in any educational institution in California, as defined in Section 22129 of the Education Code, on a full-time or part-time basis, shall register in accordance with the Act. The place where the out-of-state resident is located, for purposes of registration, shall be the place where the person is employed, carrying on a vocation, or attending school. The out-of-state resident subject to this section shall, in addition to the information required pursuant to Section 290.015, provide the registering authority with the name of his or her place of employment or the name of the school attended in California, and his or her address or location in his or her state of residence. The registration requirement for persons subject to this section shall become operative on November 25, 2000. The terms “employed or carries on a vocation” include employment whether or not financially compensated, volunteered, or performed for government or educational benefit.

CA Penal Code § 290.

(b) Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which the person is residing, or the sheriff of the county if the person is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if the person is residing upon the campus or in any of its facilities, within five working days of coming into, or changing the person’s residence within, any city, county, or city and county, or campus in which the person temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.

Currently, California Penal Code section 290 requires a registrant who is residing in one location for more than five (5) working days to register with the law enforcement agency (Police or Sheriff Department) having jurisdiction over his/her location.

Unfortunately, under existing law it has not been determined whether a person on vacation or visiting is actually “residing” in a temporary location while in our state.  As a result, it is at the discretion of law enforcement to decide when a person vacationing or visiting on a temporary basis must register in their jurisdiction.  Therefore, we suggest you contact the law enforcement agency having jurisdiction over the California location you intend to visit.  The local law enforcement agency can address any questions you may have concerning your visit to their area.

Government websites for further information:

California Megan’s Law Website

California SOR Code

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California Probation Laws – How The System Works

Probation is a sentencing alternative to incarceration following a criminal conviction in California. It allows you to remain out of custody as long as you follow court-ordered “probation terms.”

Five key things to know about California probation laws are:

  • Most first-time, non-violent offenders are eligible to serve their sentence on probation in place of incarceration .
  • Misdemeanor probation is less intensive and shorter than felony probation .
  • You can ask the court to release you from probation early , usually after several months of perfect compliance.
  • If you allegedly violate probation , you are entitled to a hearing to argue for your innocence.
  • You should be eligible for a record expungement once your probation period ends.

In this article, our California criminal defense attorneys answer these faqs:

1. What is probation?

2. how do i get probation in california, 3. can i travel while on probation, 4. can i get off probation early, 5. what happens if i violate probation in california, 6. when can i get an expungement.

  • Helpful links
  • Additional reading

Probation is a sentencing alternative to jail or prison after a criminal conviction in California. It permits you to stay out of custody if you follow court-ordered “probation terms”, which commonly include:

  • paying all fines/ restitution /court fees and performing community service;
  • abiding by existing restraining orders and avoiding run-ins with law enforcement;
  • completing evidence-based counseling/treatment/rehabilitation programs for alcoholism, drug addiction, domestic violence, etc.;
  • maintaining employment and/or staying in school;
  • submitting to drug tests, alcohol tests, and/or STD/HIV testing; and/or
  • any other conditions of probation the court orders for your particular criminal case, such as using an ignition interlock device in DUI cases.

1.1. Types of probation

There are two types of adult probation :

  • Felony probation (also called formal probation); and
  • Misdemeanor probation (also called summary probation or informal probation).

Felony probation is more intensive than misdemeanor probation. For example:

  • felony probation typically lasts two years while misdemeanor probation is typically over within one year ;
  • for felony probation you are assigned a deputy probation officer (P.O.) you have to regularly check in with, whereas for misdemeanor probation you simply check in with the judge at scheduled court appearances (in most cases);
  • in certain felony cases, the judge may require you to wear an electronic monitoring anklet while you are out on probation, which rarely happens in misdemeanor cases. 1

Most first-time misdemeanor offenders are eligible for probation under California law.

Probation is the standard sentence for most misdemeanors such as DUI and drug possession as long as you

  • do not have an extensive criminal history and
  • pose no public safety risks.

If prosecutors refuse to agree to probation as part of a plea bargain , your criminal defense attorney can always ask the judge at your sentencing hearing to grant you probation. You can even introduce character witnesses and other evidence to sway the judge’s decision about your eligibility.

Note that if your case is for a felony offense or a misdemeanor sex crime, the county probation department will draw up a detailed report about you to help the judge make their determination. 2

If you are on felony probation in California, you always have to get the probation department’s permission to travel between states. If you are on misdemeanor probation , you only need permission if:

  • Your sentence includes at least one year of supervision, and
  • Actual or threatened physical or psychological harm;
  • Use or possession of a firearm;
  • A second or subsequent DUI; or
  • A registrable sex crime .

It can take weeks to get permission to travel, especially since the state you are traveling to needs to give permission as well. Therefore, contact your probation officer as early as possible before your intended trip. 3

You can always ask the court to terminate your probation earlier than scheduled. Factors the judge will consider include:

  • how long you have served probation so far and whether you have been in perfect compliance;
  • your criminal history, chances of recidivism, and the district attorney’s opinion;
  • your personal growth, positive changes, and remorse for your past actions;
  • the crime you are on probation for; and
  • hardships that being on probation are causing you (such as having fewer job opportunities).

The process of asking the court to terminate your probation early requires filing a motion and attending a court hearing where you (or your attorney) can argue why you deserve to be let off of probation before the scheduled end date. 4

If the court learns that you may have violated a probation condition , it may issue a warrant for your arrest or a summons for you to appear in court. Either way, you are entitled to a probation violation hearing (PVH) , where the court determines:

  • whether you did violate probation, and
  • if so, whether to revoke your probation.

5.1. Probation violation hearings

Probation violation hearings (PVHs) are like mini-trials in that both you and the prosecutors get to admit evidence, make arguments, and call witnesses. However, PVHs are more difficult for you to win.

During a criminal trial , prosecutors bear the burden to prove your guilt beyond a reasonable doubt – which is a very high bar. In PVHs, prosecutors only have to show that you violated probation by a preponderance of the evidence – which is a much lower bar.

In short, the D.A. only has to show that it is more likely than not that you violated probation for the judge to find that you committed a probation violation. 5

5.2. Consequences of violating probation

If the judge finds at the PVH that you did indeed violate a term of your probation , they have two choices:

  • give you a second chance by letting you remain on probation (sometimes with harsher terms than before); or
  • revoke your probation, un-suspend your original county jail or state prison sentence, and remand you into custody.

When deciding what to do, the judge will take into account such factors as whether this is only your first violation and what the probation department recommends. 6

If you are on misdemeanor probation and successfully complete it, you should be able to petition your superior court for a criminal record expungement right away. Meanwhile if you successfully complete felony probation , you cannot petition for a record expungement until you ask the court to reduce your felony to a misdemeanor .

Once you file the expungement paperwork , the court typically takes five months to respond. However, if the court terminated your probation early , the judge can usually grant an expungement at the same time as long as you filed the proper expungement paperwork.

Once your case gets expunged, you generally never have to disclose it to potential employers on job applications or during job interviews. 7

It is harder to win violation of probation hearings than criminal trials.

Arrested on criminal charges? Contact our criminal defense law firm for legal advice and advocacy. We defend against all types of cases from violent felonies and white-collar crimes to drunk driving and theft offenses.

Our criminal justice/juvenile justice system attorneys have law offices throughout the state of California, including Los Angeles, Ventura, San Bernardino, and more. Plus we manage every part of criminal cases from bail hearings and the arraignment through pretrial and trial and finally sentencing and probation. 

Helpful Links

  • California Community Corrections Partnership
  • Chief Probation Officers of California – Press Releases
  • Reentry Services – Division of Adult Institutions (DAI)
  • Voting Rights: Persons with a Criminal History, California Secretary State
  • California Department of Public Health and Human Services
  • Los Angeles Probation Board of Supervisors

Additional resources

For more in-depth information, refer to the following scholarly articles:

  • Legal and Extralegal Factors Associated with Success on Misdemeanor Probation – Open Journal of Social Sciences .
  • Fugitives from Justice: An Examination of Felony and Misdemeanor Probation Absconders in a Large Jurisdiction – Federal Probation .
  • New Directions in Misdemeanor Probation – Judicature .
  • Felony probation: A re-examination of public risk – American Journal of Criminal Justice .
  • Probation and Felony Offenders – Federal Probation .

Legal References

  • California Penal Code 1203.2 PC . California Penal Code 1203.1 PC . California Penal Code Section 1203 PC . California Rule of Court Rule 4.414 . Despite AB 1950 ‘s passage in 2021, probation can be longer than one year for misdemeanors and two years for felonies in cases for violent felonies, crimes with statutory mandatory probation periods, or specific white collar felony crimes (such as embezzlement) involving more than $25,000. Note that probation can be for up to five years for certain environmental crimes involving animal cruelty, dumping in waterways, pesticides, oil dumping and spills, and waste management. PC 1204.1. AB 508 (2023) .
  • Interstate Compact for Adult Offender Supervision (“ICAOS”).
  • California Penal Code 1203.3 PC .
  • People v. Rodriguez (1990) 51 Cal.3d 437 ; People v. Gray (2021) 63 Cal.App.5th 947 . See also AB 109 (Realignment) .
  • Penal Code 1203.2 PC .
  • California Penal Code 1203.4 PC .

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Traveling When You’re On Probation – Is It Allowed?

The weather’s already getting warmer. Spring and summer are the seasons when people like to travel and get away from the Southern California heat, but if you are on probation in this state after being convicted of a crime, will you be allowed to enjoy an out-of-state vacation?

What exactly are California’s travel rules for convicted offenders who are on probation? What if you have a family emergency or a good job offer in another state? Can a criminal defense law firm in CA help?

EXACTLY HOW DOES PROBATION WORK IN CALIFORNIA?

In the state of California, if you are convicted of a crime, your defense lawyer can ask the judge to place you on probation rather than sending you to jail or prison. If you are sentenced to probation, you should realize that it is an expression of leniency from the court.

Jail In CA

Probation provides convicted offenders with a chance to serve their sentences outside of the prison system. Any violation of the terms and conditions of probation can result in the revocation of probation, and an offender may have to serve the remainder of his or her sentence behind bars.

WHAT ARE THE TWO WAYS THAT PROBATION IS SERVED IN CALIFORNIA?

“Informal” or “misdemeanor” probation in California allows low-risk convicted offenders to serve their sentences while residing (and usually while working or attending school) in the community rather than going to jail.

“Formal” or “felony” probation is an alternative to a prison sentence. Formal probation in California allows an offender who has been convicted of a felony to serve all or a portion of his or her felony sentence in the community while under close supervision.

Offenders who are convicted of misdemeanor drug crimes may also be sentenced to formal probation when a judge imposes drug testing as a condition of probation, and a probation officer is required to administer the drug tests.

HOW ARE FORMAL AND INFORMAL PROBATION DIFFERENT?

Both formal and informal probation require probationers to adhere strictly to the terms and conditions of probation, but there are several important distinctions between formal probation and informal probation in California.

Informal probation in this state is usually for one to three years. Formal probation lasts from three to five years. Probationers who are serving formal probation must report frequently to a probation officer. Informal probationers report directly and only periodically to the court.

Airplane Travel

If you are serving informal probation in California, you are generally allowed to travel freely. You do not have a probation officer, so no one has to be contacted or informed when you travel, even if you travel out-of-state.

WHAT LIMITS TRAVEL IF YOU SERVE INFORMAL PROBATION?

However, even on informal probation, you don’t have complete travel freedom.

Individuals on informal probation may travel freely provided that they continue to meet all the terms of probation, which may include attending classes or counseling sessions and performing community service. You should not travel if it prevents you from fulfilling these obligations.

Any failure by someone who is serving informal probation to appear in court as scheduled is a violation of probation. When this happens, the judge will usually issue a bench warrant for the person’s arrest.

WHAT TRAVEL RESTRICTIONS WILL YOU FACE ON FORMAL PROBATION?

California imposes travel restrictions on those serving formal probation in several ways. As a condition of probation, some persons who are on formal probation are restricted even from going to the mall or the movies, and they may travel only for work or for legal or medical reasons.

If you are serving formal probation, the terms and conditions of your formal probation may not allow you to travel beyond the California county of your residence. You will need to discuss with your probation officer any plans to travel – even for a family emergency.

Handcuffs

Depending on the precise terms and conditions of your formal probation, your probation officer may or may not have the authority to approve a trip outside of the county.

HOW CAN DEFENSE LAW FIRMS HELP?

Do you have any recourse if you are serving formal probation, you need to travel, and your travel request is denied?

If you are serving formal probation in Southern California, an experienced Orange County criminal defense attorney can ask a judge to allow you to travel. Your DUI attorney might also speak with your probation officer about allowing you to travel.

If you have successfully completed at least half of your formal probationary period, it is also possible that a good criminal defense lawyer can have your probation status changed from formal to informal probation.

WHAT IF YOU HAVE A GOOD JOB OPPORTUNITY – SOMEWHERE ELSE?

In most cases, relocating to another county probably will not be possible if you are on formal probation. If you live in Orange County, you probably would not be allowed to move to Los Angeles County, for example, or to Nevada. But sometimes, exceptions are made.

If you are on formal probation, and if you have a serious and important employment opportunity outside of the county you are now living in, talk with your probation officer, and if your probation officer can’t help, speak to an accomplished Southern California defense lawyer.

Judge

It is always possible that a judge might make an exception if you have a genuine, legitimate job opportunity in another jurisdiction.

Quite frankly, travel restrictions can pose a barrier to a convicted offender’s plans for a new life. Probation travel restrictions may keep a probationer from relocating to live with close relatives or to accept a good job offer.

WHEN SHOULD YOU SPEAK TO A DEFENSE LAWYER?

However, when you have a genuinely good reason, you might be able to get special permission to travel or relocate. It’s a complicated legal process, and in Southern California, you will need the advice and help that an experienced Orange County criminal defense attorney can offer.

Of course, you are only placed on probation if you are convicted of a crime. If you are charged with any crime, or if you are charged with a violation of probation, a good criminal defense lawyer can help, but you’ll need to contact that lawyer at once.

If you are on probation in California but you must travel or relocate, a good defense attorney can review your case and speak to a judge or a probation officer on your behalf. You have the right to ask the court for permission to travel, and you have the right to a good lawyer’s help.

The SoCal Law Network

Our lawyers understand the criminal court process in this county inside and out, and are well prepared to take on your case to obtain the best outcome possible. Hiring a defense attorney from outside of the county will not be as beneficial to you, since they will not have the knowledge of the unique Orange County courts that The SoCal Law Network provides to clients.

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Alan Castillo is a highly experienced criminal defense attorney and truly a DUI/ DMV expert. When I have a question about consequences of a DUI conviction, vehicle code violation or DUI trial strategy I reach out to Alan who always gets back to me promptly with the right answer. He has helped me several times to leverage the best deal for my client when there are DMV consequences that the average lawyer wouldn't know about. He has been correct in his assessment every single time! I highly recommend Alan without reservation.

April Gilbert

Mr. Alan Castillo is the most knowledgeable, magnificent Lawyer in Orange County, he cares about People,s problems and with the Experience and Expertise he has, helps his clients. I asked his help twice, the second times was Violation in Probation and I thought this time, for sure I'm going to Jail, Mr. Castillo saved my life, my family, and my honors by took the miracle deal for me. Two other son's friends had a big problem with Law. Mr.Castillo helps them, they are very happy with the deal, let's say it seems beside the splendid Expertise he always has a (...)

Mina Katoozi

A highly skilled and well-respected group of Lawyers. The three lawyers that make up this small boutique Criminal Defense Law firm, Alan Castillo, Peter Iacona and Marlo Cordero are very well respected in the courts by Judges, Prosecutors and most importantly their clients.

Robyn Vanderplate

I would recommend Alan Castillo without hesitation and have complete confidence in his expertise and ability. During a very distressing time I was facing a long jail sentence and with Alan's diligence and knowledge, I was able to stay out of jail and keep my job. Throughout the process Alan kept me informed and anytime I had questions he was always there to ease my mind. Alan was able to navigate the legal process and negotiate with the DA where I got the best possible outcome I could have ever hoped for.

Julia C

I would like to take a moment to commend Mr. Alan Castillo on his recent performance with my criminal case. As anyone who is on the stand facing criminal charges can attest, it is absolutely paramount to select a firm with great knowledge of the law, understands the legal process as well as a firm that is well networked politically to successfully get you through this stressful process. Mr. Castillo took a hard, yet strategically tactful approach (from all angles) which resulted in a better than expected outcome in my case. I would recommend one to speak wit (...)

Louis J.

Alan Castillo is an incredible criminal defense and professional licensing attorney. He is very responsive and has an innate ability to explain legal concepts and situations in a way anyone can understand. He has a true passion for justice and wants the best for his clients in every situation. Alan's integrity in unquestioned and I highly recommend his services to anyone in need of legal advice or representation.

Neil S.

Absolutely the best experience considering the circumstances ! Alan Castillo is a miracle worker. He took me on when I lost all hope. This was my 7th DUI and my first attorney told me I was going to get 5 years no matter what. I called Alan and he said he could do something better. He was able to work it out so I could keep my job leaving the country and was sentenced a fifth of the original time. I'd recommend Alan Castillo to anyone who needs someone to fight for them. Because of his help and hard work, I was able to get my life back on track.

Mike L.

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Can You Travel While on Probation?

It’s spring and you’re making plans to take your family on a summer vacation. You can’t wait to relax by the beach. But then you remember you are still serving probation for a criminal conviction from two years ago. Now the question is: Can you legally travel while on probation?

What is Probation? (PC 1203)

If you are convicted of a misdemeanor or felony crime in California, your criminal defense attorney could ask the judge to “suspend” your sentence and grant probation instead of requiring you to serve time in jail or prison.

Probation gives you the opportunity to complete your sentence out of custody under what is known as “conditional release.” You are typically placed on probation for three to five years in California. If you successfully complete your probation, you may be able to have your guilty plea set aside.

There are two types of probation in California:

Felony probation – Also known as “formal probation” or “supervised probation,” this type of probation is available to those who were convicted of a felony offense. It requires you to check in frequently with your assigned probation officer. Misdemeanor probation – Also known as “informal probation,” this type of probation does not require you to be supervised by a probation officer.

Traveling on Misdemeanor Probation

If you are on misdemeanor probation, you are free to travel. You have no probation officer, so you do not have to inform anyone of your travel plans.

However, the informal nature of misdemeanor probation does not give you complete freedom. You are required to fulfill all the conditions of your probation. If the terms of your probation require you to perform community service or regularly attend counseling sessions, you should not travel if it puts you at risk of failing to complete any of these probation conditions.

Traveling on Felony Probation

If you are on felony probation, the terms of your probation may state that you are not allowed to travel out of the county in which you reside. Before you travel out of the county, you should review the terms of your probation and consult with your probation officer. Based on the terms of your probation, your probation officer may be able to grant you permission to travel. So, what happens if the probation officer denies your request to travel?

An experienced criminal defense attorney from Wallin & Klarich can request that a judge make an exception to allow you to travel or he or she may be able to speak with your probation officer to convince him or her to allow you travel. Additionally, your criminal defense lawyer may be able to have your probation changed from formal to informal probation under PC 1203.03 if you have completed at least half of your probationary period.

What Happens if I Travel Without Permission from a Probation Officer?

If you leave the county while on formal probation, you are likely in violation of your probation. This means you could be arrested and be found by the judge to be in violation of your probation. This could lead to you having your probation revoked and serving your original sentence in custody.

Before you travel while on probation, you should speak to an experienced criminal defense lawyer at Wallin & Klarich. We can help you determine if traveling would violate a condition of your probation and potentially help you end your probation early.

Contact the Criminal Defense Attorneys at Wallin & Klarich Today

If you wish to modify any of the conditions of your probation or you want to end your probation early, contact the experienced criminal defense attorneys at Wallin & Klarich. Our skilled and knowledgeable lawyers have been successfully representing clients in probation matters for more than 40 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you are located.

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AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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People v. Faial (2022): Amended Law Shortens Probation Period 

People v. Faial (2022): Amended Law Shortens Probation Period 

IF YOU ARE CURRENTLY ON PROBATION NEW LAW MAY ALLOW YOU TO SHORTEN OR GET OFF OR PROBATION NOW

IF YOU ARE CURRENTLY ON PROBATION NEW LAW MAY ALLOW YOU TO SHORTEN OR GET OFF OR PROBATION NOW

UPCOMING CHANGES TO PROBATION IN CALIFORNIA

UPCOMING CHANGES TO PROBATION IN CALIFORNIA

If you or a loved one have been accused of a crime, this is the time to contact us.

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United States Probation

Southern district of california, search form, you are here, faqs - probation.

The Comply or Code-A-Phone is a random urinalysis system that requires participants to call the hotline on a daily basis, listen for a designated number and report to the required location on the specified day for submission. You are to remember your designated number to ensure you report on the proper day.

You are eligible to request early termination from probation or supervised release under the following circumstances:

  • After you have completed at least one year of supervision, your attorney can petition the Court, or
  • After you have completed one half of your term of supervision, you can request early termination through your U.S. Probation Officer.

If you have been convicted of a serious felony and/or have a history of violence, your case will not be considered for early termination.

The offender must request transfer of jurisdiction through his/her Bureau of Prisons Case Manager. When the request is made by the case manager, the U.S. Probation Office will conduct an investigation to determine whether the offender may transfer and report its findings to the Bureau of Prisons. The transfer of jurisdiction may only occur with approval from the district that would receive and supervise the offender.

The U.S. Probation Office is restricted from disclosing information to the public. However, most convictions are generally available in public records. These records are maintained by the U.S. District Court Clerk.

Individuals on supervision are required by the Court to abide by certain rules. These rules are called the conditions of supervision. They are basically the same whether the person is on probation, parole, military parole, mandatory release, or supervised release.

For a list of conditions, see the the standard conditions of probation .

The Southern District of California is comprised of San Diego and Imperial counties. You are allowed to travel freely within these counties. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these counties must be approved in advance by your U.S. Probation Officer.

Failure to do so may result in a violation of your supervision.

Once released from custody, you are required to report to your assigned Probation Officer within 72 hours of release, which includes weekends and holidays. Please call (619) 557-5510 between 8:00 AM and 4:30 PM, for instructions on where to report. If you have been convicted in another district, please contact the U.S. Probation Office in the district in which you have been convicted.

Failure to report will constitute grounds for a violation of supervised release.

The U.S. Probation Office is restricted from disclosing information to the public, which includes family members. However, most convictions can be found in public records. These public records are maintained by the U.S. District Court Clerk.

Title Transfers and Changes

To prove vehicle ownership, it’s important to have a valid, up-to-date, and accurate California Certificate of Title. Here’s how you can transfer and change a title. 

Transfer your Title online!

You can now transfer a title online. Learn more about the steps and get started.

How to Transfer a Title

Anytime there’s a change to a vehicle or vessel’s registered owner or lienholder, that change must be updated in DMV’s records within 10 days and the California Certificate of Title must be transferred to the new owner.

A change in ownership is usually due to:

  • Sale, gift, or donation
  • Adding or deleting the name of an owner
  • Inheritance
  • Satisfaction of lien (full payment of car loan)

To transfer a title, you will need:

  • Either the California Certificate of Title or an Application for Replacement or Transfer of Title (REG 227) (if the title is missing). 
  • The signature(s) of seller(s) and lienholder (if any).
  • The signature(s) of buyer(s).
  • A transfer fee .

Depending on the type of transfer, you might need to complete and submit additional forms. See below for other title transfers and title transfer forms.

Submit your title transfer paperwork and fee (if any) to a DMV office or by mail to: 

DMV PO Box 942869 Sacramento, CA 94269

Rush Title Processing

If you need us to expedite your title processing, you can request rush title processing for an additional fee.

Transfer Fees

Depending on the type of transfer, you may need to pay the following fees:

  • Replacement title
  • Use tax, based on the buyer’s county of residence
  • Registration

See the full list of fees .

Renewal fees and parking/toll violation fees don’t need to be paid to issue a replacement California Certificate of Title.

Title Transfer Forms

These forms may be required when transferring ownership of a vehicle or vessel:  Application for Replacement or Transfer of Title (REG 227) Vehicle/Vessel Transfer and Reassignment (REG 262) form (call the DMV’s automated voice system at 1-800-777-0133 to have a form mailed to you) Statement of Facts (REG 256) Lien Satisfied/Title Holder Release (REG 166) Notice of Transfer and Release of Liability Smog certification Vehicle Emission System Statement (Smog) (REG 139) Declaration of Gross Vehicle Weight (GVW)/Combined Gross Vehicle Weight (CGW) (REG 4008) Affidavit for Transfer without Probate (REG 5) Bill of Sale (REG 135) Verification of Vehicle (REG 31)

Other Title Transfers

When you’re buying a new car or a used car from a dealership, the dealer will handle the paperwork and you’ll receive your title from DMV in the mail.

When vehicle ownership is transferred between two private parties, it’s up to them to transfer the title. If you have the California Certificate of Title for the vehicle , the seller signs the title to release ownership of the vehicle. The buyer should then bring the signed title to a DMV office to apply for transfer of ownership. 

If you don’t have the California Certificate of Title , you need to use an Application for Replacement or Transfer of Title (REG 227) to transfer ownership. The lienholder’s release, if any, must be notarized. The buyer should then bring the completed form to a DMV office and we will issue a new registration and title.

Make sure you have all signatures on the proper lines to avoid delays.

Other Steps for the Seller When Vehicle Ownership is Transferred

  • 10 years old or older.
  • Commercial with a GVW or CGW of more than 16,000 pounds.
  • New and being transferred prior to its first retail sale by a dealer.
  • Complete a Notice of Transfer and Release of Liability (NRL) within 5 days of releasing ownership and keep a copy for your records.

Once the seller gives the buyer all required documentation and DMV receives the completed NRL, the seller’s part of the transaction is complete.

*If the vehicle has been sold more than once with the same title, a REG 262 is required from each seller.

Other Steps for the Buyer When Vehicle Ownership is Transferred

  • Current registered owner(s), how names are joined (“and/or”), and lienholder/legal owner (if any).
  • License plate number, vehicle identification number (VIN), make, model, year, and registration expiration date.
  • Title brands (if any).
  • Words “Nontransferable/No California Title Issued,” indicating a California title was not issued and a REG 227 cannot be used (see FAQs).
  • Get a smog inspection (if applicable).

Once the buyer has provided the DMV with all the proper documents and fees, the vehicle record is updated to reflect the change of ownership and a registration card is issued.

A new title is issued from DMV headquarters within 60 calendar days.

To transfer a vehicle between family members, submit the following:

  • The California Certificate of Title properly signed or endorsed on line 1 by the registered owner(s) shown on the title. Complete the new owner information on the back of the title and sign it.
  • A Statement of Facts (REG 256) for use tax and smog exemption (if applicable).
  • Odometer disclosure for vehicles less than 10 years old.
  • Transfer fee .

You may transfer a vehicle from an individual to the estate of that individual without signatures on the Certificate of Title.

Submit the following:

  • The California Certificate of Title. On the back of the title, the new owner section must show “Estate of (name of individual)” and their address. Any legal owner/lienholder named on the front of the title must be re-entered on the back of the title.
  • A Statement of Facts (REG 256) confirming the owner is deceased and Letters Testamentary have not been issued. The person completing the statement must indicate their relationship to the deceased.

Use tax and a smog certification are not required.

Vehicle ownership can be transferred to a deceased owner’s heir 40 days after the owner’s death, as long as the value of the deceased’s property in California does not exceed:

  • $150,000 if the deceased died before 1/1/20.
  • $166,250 if the deceased died on or after 1/1/20.

If the heir will be the new owner, submit the following to a DMV office:

  • The California Certificate of Title. The heir must sign the deceased registered owner’s name and countersign on line 1. The heir should complete and sign the back of the title.
  • Affidavit for Transfer without Probate (REG 5) , completed and signed by the heir.
  • An original or certified copy of the death certificate of all deceased owners.

If the heir prefers to sell the vehicle, the buyer also needs (in addition to the items above):

  • Bill of Sale (REG 135) from the heir to the buyer.
  • Transfer fee (two transfer fees are due in this case).

To transfer vessel ownership, submit the following:

  • The California Certificate of Ownership. The registered owner signs line 1. The legal owner/lienholder (if any) signs line 2. Complete the new owner information on the back of the certificate and sign it.
  • Bill(s) of sale, if needed to establish a complete chain of ownership.
  • A Vessel Registration Fee .
  • Use tax based on the tax rate percentage for your county of residence.

After you sell a vessel, complete a Notice of Transfer and Release of Liability (NRL) within five days of releasing ownership and keep a copy for your records.

How to Update or Change a Title

Because a California Certificate of Title is a legal document, it is important to keep it accurate and up-to-date. Here’s how you can update or change a title. 

Order a Replacement California Certificate of Title

You must order a replacement California Certificate of Title when the original is lost, stolen, damaged, illegible, or not received. 

To order a replacement title, submit the following:

  • Application for Replacement or Transfer of Title (REG 227) .
  • The original title (if you have it).
  • California photo driver license (if submitting form in person).
  • Replacement title fee .
  • If another replacement title was issued in the past 90 days, a Verification of Vehicle (REG 31) completed by the California Highway Patrol (CHP). This requirement only applies if the registered owner’s name or address doesn’t match DMV records*.

You can submit your application either in-person* at a DMV office or by mail:

Department of Motor Vehicles Registration Operations PO Box 942869 Sacramento, California 94269-0001

If you’re submitting your form to a DMV office, we recommend you make an appointment so you can avoid any lines. 

You’ll receive your title by mail 15-30 calendar days from the date you submit the replacement title application.

*If you’re applying for a replacement title and the registered owner’s name or address doesn’t match DMV records (except for obvious typographical errors), you must submit your application in person with proof of ownership (e.g. registration card) and an acceptable photo ID (e.g. driver’s license/ID card).

Online Replacement Title Request

Visit our Virtual Office to request a replacement title online.

Change or Correct a Name on a Title

Your true full name must appear on your vehicle or vessel California Certificate of Title and registration card. If your name is misspelled, changes (e.g as a result of marriage or divorce), or is legally changed, you need to correct your name on your title.

To change or correct your name, submit:

  • California Certificate of Title with your correct name printed or typed in the “New Registered Owner” section
  • A completed Name Statement in Section F of the Statement of Facts (REG 256) .

You may submit your application to any DMV office or by mail to:

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International travel documents for children

See what documents a child needs to travel to or from the U.S. alone or with a parent or relative.

Children traveling to the U.S.

All children, including infants, must have their own travel documents such as a passport or document from a Trusted Traveler Program to enter the U.S. If you travel or are going to travel with a child, consider taking the following documents:

  • If the child is traveling with only one of their custodial parents, they must have a letter of consent, preferably in English and notarized, from the other parent or signed by both parents. The letter should say "I acknowledge that my son/daughter is traveling outside the country with [the name of the adult] with my permission."
  • If one parent has sole custody of the child, a copy of the custody document can take the place of the other parent's letter.
  • Parents who frequently cross the border by land with a minor must always carry a letter of permission from the other parent.

U.S. citizen children traveling abroad

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If your child travels alone, depending on the country, they may be required to present a notarized letter from both parents or their legal guardian. If a minor is traveling abroad and is not accompanied by both parents or a legal guardian, contact the embassy or consulate of the country you will be visiting and ask about entry and exit requirements for that country.

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california probation travel permit

Donald Trump Faces Potential Travel Bans with Possible Probation Sentence

D onald Trump, the former U.S. President, might face travel restrictions if sentenced to probation following his conviction in the hush money case. Trump was found guilty on May 30 of 34 counts of falsifying business records linked to a $130,000 payment to adult film star Stormy Daniels. This payment was meant to keep Daniels from discussing an alleged affair with Trump during his 2016 presidential campaign.

The sentencing, scheduled for July 11 by Judge Juan Merchan, has sparked considerable debate about what penalties Trump might face. Options include prison time, house arrest, fines, or probation, with many legal experts leaning toward probation as the most probable outcome. Probation could significantly restrict Trump's travel abilities, both within the U.S. and internationally.

As reported by Macroticker.com , Manhattan District Attorney Alvin Bragg argued that the hush money was intended to silence Daniels about her claims of an affair. Trump has denied any wrongdoing, calling the case politically motivated. His legal team has announced plans to appeal the conviction.

Former Pennsylvania district attorney Matthew Mangino told Newsweek that if Trump is placed on supervised probation, the court might limit or prohibit his international travel. "I expect him to receive at least supervised probation," Mangino said. "The court has the right to permit domestic travel, but it could limit or prohibit international travel."

However, not everyone agrees with this assessment. Lance Fletcher, a Manhattan criminal defense attorney, expressed doubts about the likelihood of probation. Speaking to HuffPost, Fletcher said, "I would be shocked if they gave him probation because of all the ways it could invite a legal showdown, including the fact that he'd have to ask permission to travel outside of New York."

After his conviction, Trump issued a statement to Newsweek, describing the trial as "rigged" and maintaining his innocence. "I'm a very innocent man, and it's OK," he said. "Our whole country is being rigged right now. We don't have the same country anymore. We have a divided mess. We're a nation in decline, serious decline."

The legal implications of Trump's sentencing are substantial, but the political repercussions are equally significant. Should the court impose probation with travel restrictions, it could severely impact Trump's political engagements and influence. This situation continues to unfold, with close scrutiny on how it will affect Trump's future both legally and politically.

Court Halts Trump Election Manipulation Case in Georgia

Hungarian PM Claims Trump and EU Can End Ukraine War in 24 Hours

Hollywood Stars Weigh In on Biden-Trump Showdown as Election Nears

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Can felony convictions hinder trump’s international travel here’s what we know.

  • Legal Issues

In this June 9, 2018, file photo, then-President Donald Trump speaks with world leaders during the G7 Leaders Summit in Quebec, Canada. (German Federal Government via AP)

In this June 9, 2018, file photo, then-President Donald Trump speaks with world leaders during the G7 Leaders Summit in Quebec, Canada. (German Federal Government via AP)

Jeff Cercone

Former President Donald Trump’s recent conviction on felony charges raised a host of other questions. 

Can Trump still run for president? Yes, he can . Can he vote in Florida? It’s likely .

But the answer to another question isn’t as clear: How will Trump’s felony conviction affect his ability to travel internationally? Social media users claimed there were dozens of countries that Trump can no longer enter because of his conviction.

Many countries have rules barring people convicted of felonies from entering. However, those rules vary widely and many leave room for exemptions. If Trump is again elected president and visits a country on official business, he would likely be granted entry, but it’s not guaranteed, experts said.

A Manhattan jury on May 30 found Trump guilty of all 34 counts of falsifying business records in a scheme to cover up a hush money payment to adult film actor Stormy Daniels before the 2016 presidential election. Trump is scheduled to be sentenced July 11. Judge Juan Merchan has the power to impose travel restrictions at that time, limiting Trump’s travel outside the U.S.  

Many countries singled out in the social media posts about Trump limit entry for foreigners who have been convicted of felonies. Factors considered in whether to grant entry include the type of crime, when it occurred and the sentence length.

For example, Australia’s visitor travel requirements stipulate that "you must not have any criminal convictions for which the sentences total 12 months or more, whether or not you have served the sentences." Because Trump hasn’t been sentenced, it’s unclear whether whatever sentence he receives would fall into this category. Many legal experts have said they doubt Trump will be sentenced to prison. 

Israel and the United Kingdom also can bar people convicted of felonies from visiting. The U.K. restrictions factor in the sentence length and conviction timing.

It’s unclear whether Trump's felony conviction will affect his ability to travel to Trump International Golf Links in Scotland, which is part of the United Kingdom. When asked about how a potential visit from Trump may be handled, the U.K.'s Home Office said it does not comment on individual cases.

Harold Hongju Koh, a Yale University international law professor, said Trump’s travel to other countries as a former, and potentially future, head of state "would depend on how that country chooses to administer its entry laws."

Even sitting heads of state, he said, don’t have "an affirmative right that entitles" them to enter a country, although Trump would have diplomatic immunity in other countries if he’s reelected.

"China, where President Xi Jinping has broad executive authority, could decide to admit him between now and November as a former U.S. president who also could be a future U.S. president," Koh said. "But that would be based on a discretionary act of the Chinese executive under Chinese law, not on any general rule of international law."

Evelyn Cruz, an Arizona State University law professor who directs the university’s immigration clinic, said all countries have admission rules and it’s possible Trump might need a waiver for any country he seeks to visit.

"Whether he needs to apply ahead or at the entry point will depend on the country’s policies," Cruz said. If Trump were to be reelected in November, "he would be traveling under the head of state diplomatic immunity, and therefore, the countries would let him in."

She noted the U.S. has a similar diplomatic policy and has let in people accused or convicted of war crimes to attend United Nations gatherings.

Diplomatic immunity holds that certain government officials are not subject to jurisdiction of local courts and other authorities for their official duties, a 2018 U.S. State Department guide said. In the U.S., a head of state automatically qualifies for an A1 visa , regardless of the visit’s purpose. 

Similar travel questions arose when former President George W. Bush ran for president in 2000. One news report said he was granted special permission to enter Canada because he acknowledged a 1976 misdemeanor DUI charge, for which he had pleaded guilty and paid a fine. A Canada Border Services Agency spokesperson told PolitiFact the agency doesn’t comment on individual cases.

To examine the travel challenges Trump might face, we also examined how the U.S.’ northern and southern neighbors handle convicted felons entering their countries.

Under Canadian law , a visitor with a criminal conviction can be barred from entering the country, a U.S. State Department webpage said .

Mario Bellissimo, a Canadian immigration lawyer, said Trump could be denied entry because of his conviction.

"He is inadmissible to Canada and would be eligible (to apply for a certificate of) rehabilitation five years after the completion of any sentence," Bellissimo said.

For certificates of rehabilitation, an immigration officer decides whether a foreign national poses a risk of reoffending, taking into account factors related to the crime and what the offender has done since to show he or she is not a risk, Bellissimo said.

However, there are exceptions to these procedures, Bellissimo said. Section 24 of  Canada’s Immigration and Refugee Protection Act affords immigration officers the leeway to grant a temporary resident permit.

"Someone like a former president or a Republican (presidential) nominee that might be coming here for official duties or official business, that would be a very strong factor that would weigh in his favor for entry to Canada," he said.

Luke Reimer, a Canada Border Services Agency spokesperson, said admission to Canada is decided case by case based on the information available at the time of entry about whether travelers meet entry requirements.

He said several factors determine whether a person can enter, including criminal history.

The Immigration and Refugee Protection Act lists multiple reasons a person can be found inadmissible to Canada, including being convicted outside Canada of a crime that would be an indictable offense in Canada. Trump’s conviction on falsifying business records is also a crime in Canada .

Mexican law also allows immigration authorities to deny foreigners entry if they were charged with or convicted of a serious crime in Mexico or elsewhere, the U.S. State Department said on its website . 

A frequently asked questions page from the Mexican Consulate in Miami about forms visitors to Mexico must fill out notes that a person with a criminal record could be denied entry for serious crimes. 

"There is no way to know about your case before you travel," the page said, recommending that travelers contact authorities in their own country to find out if they have shared information with other countries.

An Embassy of Mexico in Canada webpage about visiting Mexico with a criminal record says people could be denied entry for serious crimes. The crimes listed include "tax fraud and comparable crimes."

PolitiFact Staff Researcher Caryn Baird, Staff Writers Loreben Tuquero, Kwasi Gyamfi Asiedu and Sara Swann and Contributing Writer Sofia Ahmed contributed to this report.

Our Sources

Government of Canada, Immigration and Refugee Protection Act, Division 4: Inadmissibility , accessed May 31, 2024

Government of Canada, Criminal Code: Falsification of Books and Documents , accessed May 31, 2024

Government of Canada, Overcome criminal convictions , accessed May 31, 2024

Email interview, Luke Reimer, spokesperson for the Canada Border Services Agency, May 31 and June 4, 2024

Phone interview, Mario Bellissimo, Canadian immigration lawyer, May 31, 2024

Email interview, Evelyn Cruz, Arizona State law professor and director of the university’s Immigration Clinic, May 31, 2024

U.S. State Department, Mexico International Travel Information , accessed June 3, 2024

U.S. State Department, Canada International Travel Information , accessed June 3, 2024

U.S. State Department, Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities , Aug. 2018

U.S. State Department, Visas for Diplomats and Foreign Government Officials , accessed June 3, 2024

Embassy of Mexico in Canada, Travelling to Mexico with a criminal record , accessed June 3, 2024

Mexico Consulate in Miami, Frequent questions and answers , accessed June 3, 2024

Government of Mexico, Digital Multiple Migration Form (FMMd) , accessed May 2, 2023

Australian Government Department of Home Affairs, Electronic Travel Authority , accessed June 3, 2024

Australian Government Department of Home Affairs, Check visa details and conditions , accessed June 3, 2024

Israel Population and Immigration Authority, Reciprocal privileges for US citizens at border control , accessed June 3, 2024

Gov.UK, Immigration Rules Appendix Electronic Travel Authorisation , accessed June 3, 2024

Gov.UK, Grounds for refusal: criminality (accessible) , accessed June 3, 2024

Seattle Times, Canada can bar door for DUI , Aug. 19, 2002

ABC News, DUI Stops Bush From Freely Entering Canada , Nov. 3, 2000

Brennan Center for Justice, How Could Trump’s New York Hush Money Trial End? , May 14, 2024

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YouTuber Who Had Lamborghini Shot With Fireworks From a Helicopter Is Arrested

Suk Min Choi, also known as Alex Choi, landed in trouble for directing the stunt recorded last year and posted to his YouTube channel, prosecutors said.

Sparks bounce and fly off the ground as beams of fireworks strike at the back of a speeding sports vehicle. The vehicles are in a sandy area, with a twilight landscape of mountains in the distance.

By Johnny Diaz

A helicopter flying over what looks like arid land hovers near a blue Lamborghini, as the luxury sports car speeds in what could pass for a spectacular chase scene in an action film.

The vehicle performs doughnuts on the sand and kicks up dirt into a cloudy trail, swerving to escape the beams of fire coming in its direction. Two women aboard the chopper vigorously blast fireworks at the car, lighting up the sky as sparks fly.

The man who directed the YouTube video, Suk Min Choi, 24, who is also known as Alex Choi of Studio City, Calif., was arrested on Wednesday for recording the stunt, which involved flying near the ground without filming permits. The video was made last year in San Bernardino County, Calif., the U.S. attorney’s office for the Central District of California said in a statement on Thursday .

Mr. Choi was charged with one count of causing the placement of an explosive or incendiary device on an aircraft, federal prosecutors said.

A lawyer for Mr. Choi did not immediately respond to an inquiry about the charge on Friday. Mr. Choi also did not respond to a request for comment on his Instagram account.

Mr. Choi has about 924,000 followers on YouTube and 1.2 million followers on an Instagram account that features various luxury sports cars. On July 4, 2023, he posted the video, just over 10 minutes long, titled “Destroying a Lamborghini With Fireworks” to his YouTube channel, according to an affidavit filed with the criminal complaint.

The clip is no longer featured on Mr. Choi’s social media pages.

Investigators believe that the video was shot on El Mirage Dry Lake, a recreation area on federal land in San Bernardino County.

“After shooting what appears to be a live-action version of a fictionalized video game scene, the video transitions to a behind-the-scenes look at how Choi shot the first third of the video,” the U.S. attorney’s office said.

During that portion of the video, prosecutors said that Mr. Choi had allegedly made various references to himself coordinating the shoot.

A clip of the video, which was linked from a report about the charges on the website Court Watch , showed the women shooting the Lamborghini as the chorus of Miley Cyrus’s song “Party in the U.S.A.” was blasting in the background.

Mr. Choi also thanked a camera company in the recording for “being a part of my crazy stupid ideas,” according to prosecutors.

During the video, Mr. Choi appeared to decide to stop shooting the action scenes when he ran out of the flashy explosives. Someone asked if he would film again and he responded, “No, that’s it. We’re out of fireworks, right?” according to the U.S. attorney’s office.

In other parts of the video, Mr. Choi is seen next to the helicopter, holding what appeared to be a firework, according to the affidavit.

The authorities said that they believed Mr. Choi filmed the video sometime in June 2023 and that he did not have a permit for the shoot using fireworks on a helicopter.

Prosecutors said he purchased the fireworks in the neighboring state of Nevada because they were illegal in California. No one else has been charged or arrested in connection to the video, according to a spokesman for the U.S. attorney’s office who said that the investigation was ongoing.

Mr. Choi made his initial appearance on Thursday in U.S. District Court for the Central District of California. He was released on a $50,000 bond, the spokesman for the U.S. attorney’s office said. Mr. Choi’s arraignment was scheduled for July 2. If convicted, he faces a minimum of probation and up to 10 years in federal prison.

Johnny Diaz is a reporter for The Times covering breaking news from Miami. More about Johnny Diaz

IMAGES

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  2. Informal Probation California

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  5. Fillable Online US Probation Officer TRAVEL REQUEST FORM Fax Email

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  6. Understanding The Details: Exploring The Appearance Of A Probation

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COMMENTS

  1. California Probation Law: the Interstate Compact for Adult Offender

    The Interstate Compact for Adult Offender Supervision ("ICAOS") is an agreement that governs interstate travel by people on probation. It contains a uniform set of procedures and conditions under which U.S. states and territories will allow most probationers to move or travel to another state. Under ICAOS, probationers who wish to leave California must obtain

  2. Probation Travel Permit

    Probation Travel Permit. As a term of probation, Defendants are prohibited from leaving the state without prior approval from the Probation Officer. A travel permit is provided when a Defendant wishes to travel out of state for up to 30 days. The permit outlines the destination, mode of travel, companions and dates of travel.

  3. PDF TRAVEL OF ADULT INDIVIDUALS ON SUPERVISION

    Length of stay: Requests for travel either within the state of CA, to another state, or outside the country should not exceed 30 days. However, it is recommended that travel not exceed two weeks. "Blanket" or "open ended" travel permits allowing offenders to travel state to state as long as they report back to the assigned deputy places the

  4. PDF COURTESY SUPERVISION AND INTERSTATE COMPACT (ADULT ...

    AUTHORITY: 11175 through 11198, California Penal Code . Agreements of the Parole and Probation Compact Administrator's . Association . RESCINDS: Procedure Manual Item 2-3-006, dated 08/12/14. FORMS: Travel Permit (F057-1056.2(A) AF) Instructions to Adult Probation (F057-1117.2) Compact Action Request

  5. How Does a Probation Travel Permit Work?

    When seeking a travel permit, a probationer must gain written approval from their supervising probation officer. The probationer must provide details of the need to travel along with the travel locations and the length of time they want to be away. If a permit is not attained, probation may be revoked. Writer Bio. Cite this Article.

  6. Adult Probation Resources

    Probation Travel Permit. As a term of probation, Defendants are prohibited from leaving the state without prior approval from the Probation Officer. A travel permit is provided when a Defendant wishes to travel out of state for up to 30 days. The permit outlines the destination, mode of travel, companions and dates of travel.

  7. Bench Book

    A travel permit is the "written permission granted to an offender authorizing the offender to travel from one state to another.". See Rule 1.101. Rule 3.110 requires a receiving state to provide notification to a sending state prior to issuing a travel permit to travel to the sending state. Exceptions exist when the travel is limited to ...

  8. PDF Adult Probation Frequently Asked Questions

    Travel Permit from your Probation Officer. To move out of state, you must obtain approval from your probation officer, the State of California and the receiving ... In November of 2000, California passed Proposition 36, the Substance Abuse and Crime Prevention Act. The purpose is to divert non-violent probationers and

  9. Restrictions for California

    Travel Restrictions. The Northern District of California is comprised of 15 counties. You are allowed to travel freely within these 15 counties. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these 15 counties must be approved in advance by your U.S. Probation Officer.

  10. California Probation Laws

    It allows you to remain out of custody as long as you follow court-ordered "probation terms.". Five key things to know about California probation laws are: Most first-time, non-violent offenders are eligible to serve their sentence on probation in place of incarceration. Misdemeanor probation is less intensive and shorter than felony probation.

  11. Travel Permit.pdf

    Download Travel Permit.pdf (158.21 KB) Form Number: Travel Permit. Form Category: Supervision.

  12. Probation

    Please write your Department of Treasurer Tax Collector (DTTC) account number on all payments submitted. In person: Los Angeles County Treasurer-Tax Collector. 225 North Hill Street, Room 109. Los Angeles, CA 90007. To pay by phone or online, you will need your DTTC account number and 8 digit probation X-number.

  13. Probation Travel Permit

    San Luis Obispo CA 93401. Probation. ... As a term of probation, Defendants are prohibited from leaving the state without prior approval from the Probation Officer. A travel permit is provided when a Defendant wishes to travel out of state for up to 30 days. The permit outlines the destination, mode of travel, companions and dates of travel. ...

  14. Are You Allowed To Travel Out-Of-State While On Probation?

    Probationers who are serving formal probation must report frequently to a probation officer. Informal probationers report directly and only periodically to the court. If you are serving informal probation in California, you are generally allowed to travel freely. You do not have a probation officer, so no one has to be contacted or informed ...

  15. Can You Travel While on Probation?

    An experienced criminal defense attorney from Wallin & Klarich can request that a judge make an exception to allow you to travel or he or she may be able to speak with your probation officer to convince him or her to allow you travel. Additionally, your criminal defense lawyer may be able to have your probation changed from formal to informal ...

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    TDO #65- San Bernardino County Probation Department Issued Long Guns; Telephone Access; Telework Program ... Transporting in County Vehicles; Travel Permits- Adult; Treatment and Requests for Health Care Services; Treatment Team Meeting-SYTF; Trust Fund-Cash-Negotiable Instruments Handling and Delivery for Deposit to Fiscal; ... CA 92415-0460 ...

  17. How to Ask for a Probation Travel Permit

    Call your probation officer to request the travel permit and to schedule an appointment. Bring all documentation to your probation officer for the scheduled appointment. Keep the travel permit with you at all times while you are out of your supervising county or state jurisdiction. Show it in the event of any contact with law enforcement personnel.

  18. Parole & Probation Travel Permit

    Obey all laws and ordinances in other state. Obedecer todas las leyes de cada estado. Notify Parole/Probation Officer of any delays in return. Notificar a su oficial de cualquier retraso en su regreso. Obey all conditions of supervision. Obedecer todas sus condiciones de supervisión. I hereby verify that the information given is truthful and ...

  19. FAQs

    The Southern District of California is comprised of San Diego and Imperial counties. You are allowed to travel freely within these counties. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these counties must be approved in advance by your U.S. Probation Officer.

  20. PDF Courtesy Supervision and Interstate Compact (Adult)

    AUTHORITY: Sections 1203, and 11175 through 11181, California Penal Code . Agreements of the Parole and Probation Compact Administrator's . Association . RESCINDS: Procedure Manual Item 2-3-006, dated 03/15/10 . FORMS: Travel Permit (F057-1056) Arrival Notice (F057-2034) Instructions to Adult Probation (F057-1117.2) Action Request

  21. Title Transfers and Changes

    These forms may be required when transferring ownership of a vehicle or vessel: Application for Replacement or Transfer of Title (REG 227) Vehicle/Vessel Transfer and Reassignment (REG 262) form (call the DMV's automated voice system at 1-800-777-0133 to have a form mailed to you) Statement of Facts (REG 256)

  22. International travel documents for children

    Children traveling to the U.S. All children, including infants, must have their own travel documents such as a passport or document from a Trusted Traveler Program to enter the U.S. If you travel or are going to travel with a child, consider taking the following documents: If the child is traveling with only one of their custodial parents, they ...

  23. Adult Probation Resources

    1055 Monterey Street, San Luis Obispo, CA 93408. VIEW MAP. County Phone Directory: 805-781-5000 (Toll free: 800-834-4636)

  24. Donald Trump Faces Potential Travel Bans with Possible Probation ...

    Donald Trump, the former U.S. President, might face travel restrictions if sentenced to probation following his conviction in the hush money case. Trump was found guilty on May 30 of 34 counts of ...

  25. PolitiFact

    Israel and the United Kingdom also can bar people convicted of felonies from visiting. The U.K. restrictions factor in the sentence length and conviction timing. It's unclear whether Trump's ...

  26. YouTuber Who Had Lamborghini Shot With Fireworks From a Helicopter Is

    Two women aboard the chopper vigorously blast fireworks at the car, lighting up the sky as sparks fly. The man who directed the YouTube video, Suk Min Choi, 24, who is also known as Alex Choi of ...