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.