Frequently Asked Questions Regarding Federal Supervision

 

Can I get a violation of my supervised release early on in my supervision so I can just serve out my supervision and be done early?

In the federal system, if you violate the conditions of your supervised release, the sentencing Judge can

(1) revoke your supervision, (2) extend the term of your supervision, and/or (3) modify the conditions of

your supervision. Your supervised release can be extended up to the statutory maximum term allowed

under your original charge of conviction (which can be up to life in certain cases). If the Judge revokes

your supervised release, he/she can sentence you to a term of imprisonment, and then reinstate

supervised release up to the statutory maximum term allowed based on your original charge of

conviction, less any time served in prison on your revocation. Please do not assume that if you violate

your conditions of supervised release and are revoked that you will be finished with your supervised

release once you complete your revocation sentence, as this is not always the case.

 

How will I know when to report to my probation officer, and will I have to go in person?

There are several different ways you can report to your probation officer including in‐person, by mail, by

telephone, through email/internet, or via kiosk. Your probation officer will communicate with you at

your initial meeting regarding how and when they would like for you to report. The way you report, and

the frequency, will be dependent upon the circumstances of your case and your progress on supervised

release. If your probation officer suggests a reporting method that you are not comfortable with (ex:

your officer suggests internet reporting, but you don't know how to use a computer) please talk to your

officer to see if another method of reporting can be used.

 

When can I travel once I’m released?

Many districts do not allow any travel outside of the district within a certain amount of time after the

start of supervised release (ex: in the Western District of Kentucky no travel will be authorized within

the first 60 days of your release) so it is recommended that you do not make any travel plans without

speaking with your officer. Many districts require advance notice of intent to travel as well, and travel

may not be approved, other than for emergencies, outside of this window (ex: in the Western District

of Kentucky we require 2 weeks notice for travel requests). Be aware that some areas do not allow

travel during particularly busy times (ex: Sturgis, South Dakota does not allow travel during bike week).

It is best to check with your probation officer in advance to ensure travel eligibility. If you plan to travel

outside of the district or any reason, you will need to obtain permission from your probation officer first.

Your probation officer can provide you with specific instructions on how to do this, as it varies from

district to district.

 

Can I apply for a passport while I am on supervised release?

Yes, you can apply for a passport if you do not already have one, or if your current passport is lost or

expired you may apply for a reissuance of your current passport.

 

Can I travel outside of the country while on supervised release?

Yes, you can travel outside of the country while on supervised release; however, this travel would most

likely need to be approved by your sentencing Judge instead of your probation officer. Your probation

officer can submit the request to the Judge on your behalf, or you may file a motion with the Court

requesting the travel. This will require advanced notice and planning. Be aware that many foreign

countries have travel restrictions in place for individuals with felony convictions. It is recommended that

you check with the State Department prior to planning your travel to determine if you are eligible to

travel to your destination.

 

What if I want to move to another state and/or district while on supervised release?

If you know you would like to reside somewhere other than your sentencing district, it is best to talk

with your counselor or case manager prior to your release from prison. They will be able to send a

request to the district where you would like to reside and, if approved, you can be released directly to

that district (ex‐ my case is from the Eastern District of Kentucky but I want to move to the Southern

District of Ohio). You could also be approved to release to a halfway house in the district where you

plan to reside instead of one in your sentencing district so that you can begin to find employment and

establish ties to people in that area. The district where you want to move to would have up to 30 days

to investigate your release plan and decide if they will accept you for supervision, so it is best to get that

request in as early as possible before your release.

If you are on supervised release and would like to relocate, you will need to talk to your probation

officer. They can gather information about where you would like to move to and can send a request to

the district where you would like to reside if your plan seems reasonable. The district you want to move

to would then have up to 30 days to investigate and decide if they will accept you for supervision. If

they accept you; you can move to the new location and you will be assigned to a new probation officer

in that area. If they deny your request, you will not be permitted to move. The criteria that districts use

to determine if a relocation request will be approved or denied include but are not limited to: family or

other support systems present in the area; available employment opportunities; having a stable

residence to live; previously residing in the area; and prior criminal activity in the area. The probation

office is committed to your success and wants to ensure that any move to another area would be a

positive step toward achieving your goals and being successful on supervision.

 

Can I be self‐employed while on supervised release?

You can be self‐employed while on supervised release; however, it must be verifiable and legal work and

you must provide documentation as such. It is recommended that you discuss self‐employment with

your probation officer. Your self‐employment must be able to be verified by your probation officer

through a variety of means including view of pay stubs, on‐site employment visits, tax records, etc.

 

Can I ever get off supervised release early, or will I have to do the full term of supervision that was ordered?

In the federal system you are eligible for early termination of your supervised release. According to

statute, you must complete at least 1 full year of supervised release before you become eligible. The

sentencing Judge is the only person who can decide if you will be granted early termination of

supervision. There are three ways that you can request early termination of your supervision: (1) your

probation officer can make the recommendation to the Judge, (2) your attorney can file a motion on

your behalf, (3) you can write a letter to your sentencing Judge outlining the reason you believe qualify

you for early termination. If you or your attorney file a motion on your behalf, the sentencing Judge will

still most likely contact your probation officer to determine their recommendation. The U.S. Attorney

who prosecuted your case (or other designee from their office) also usually has a chance to provide their

recommendation. The criteria that the probation office looks at when determining early termination

eligibility includes but is not limited to: the nature of your current federal offense, your role in the

offense, the length and severity of your prior criminal history record, violent tendencies or arrests for

violent crimes, stability in the community, and if any violations have occurred while on supervised

release. It is a myth that you must complete half of your term of supervised release before the Judge

will consider you for early termination.

 

Can I vote while on supervised release?

Many states do not allow you to vote while you are on an active term of supervision. Please check your

state's voting rules and regulations for specific information.

 

Can I get my voting rights restored when I’m off supervision?

Yes, once your supervision is complete (either from expiration, early termination, or revocation) you can

apply with the state to have your voting rights restored. Some states automatically restore your voting

rights once your supervision is complete, and some states require an application process to determine if

your voting rights will be restored. Please talk to your probation officer or check with state's voting

rules and regulations for specific information.

 

Can I ever get my gun rights restored?

Per the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) website (www.atf.gov), although

federal law allows for individuals to apply to have their firearms rights restored; however since 1992, ATF's annual

appropriation has prohibited them from using any funds to investigate or act upon the gun restoration

applications submitted by individuals. As long as this provision is included in current ATF

appropriations, ATF cannot act upon applications for relief from federal firearms restoration submitted

by individuals.

 

Can I get my federal charge(s) expunged?

No, it is not possible to get a federal charge expunged from your record. The only way to have a federal

charge removed from your record is by applying for a presidential pardon. You can contact the Pardon

Attorney's Office at the U.S. Department of Justice to obtain more information regarding the procedures

for obtaining a presidential pardon.