FAQs - Probation

General Disclaimer

Please note that the following responses are intended to provide only general guidance. If you require additional information beyond the information provided, it is recommended that you contact the resource referenced, speak to a representative of the U.S. Probation Office, or consult with an attorney. In addition, please note that U.S. Probation Office records and files are the property of the U.S. District Court and cannot be disclosed unless ordered to do so by the sentencing judge. In addition, pursuant to Federal Law, the Freedom of Information Act and the Privacy Act do not apply to the Federal Judiciary.

Probation

Q: I have a family member/friend who is scheduled to be released from prison. They were convicted in federal court in another district or state but want to reside in the Eastern District of Arkansas. How can his/her case be transferred?

Answer

The offender must request transfer of jurisdiction through his/her Bureau of Prisons Case Manager. When the case manager makes the request, the U.S. Probation Office will conduct an investigation 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.

Q: What is the procedure for the drug testing program also known as Code-A-Phone Answering Service?

Answer

Drug testing is conducted by calling a telephone number you receive from the probation office. A recorded message will instruct the participant to enter their PACTS number and give reporting instructions. The call in hours are 5:30 p.m. to 7:00 a.m., Sunday through Thursday.

Q: I am on probation/supervised release. Am I allowed to leave the district?

Answer

Unless you are given permission in advance, any requests to travel outside of the Eastern District of Arkansas must be approved by your U.S. Probation Officer. Failure to do so may result in a violation of your supervision.

Q: I am an employer and I want to know if a prospective employee has been convicted of a crime, can you run a background check?

Answer

The U.S. Probation Office is restricted from disclosing information to the public. Most federal convictions are public record and maintained by the U.S. District Court Clerk 600 W. Capitol Ave., Little Rock, AR 72201 or 501-604-5351.

Q: If I am convicted of a felony in Federal court, can I vote?

Answer

In the state of Arkansas, you automatically have your voting rights restored after you have fully discharged your sentence, including any period of probation, parole, or supervised released. However, if you move to another state, your right to vote will be controlled by the laws of that state. When you register to vote, you will need to present your discharge letter that will be mailed to you at the completion of your sentence.

Q: If I am convicted of a Federal crime, can I or a family member own or possess a firearm?

Answer

An individual convicted of a felony offense is legally prohibited from possessing a firearm under 18 U.S.C. § 922(g)(1). Possession of a firearm by a family member living in the same residence as a convicted felon could constitute constructive possession, which may violate federal law.

Q: How can I have my probation/supervised release terminated early?

Answer

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

Under 18 U.S.C. §§ 3564(c) and 3583(e)(1), the Court may terminate terms of probation in misdemeanor cases at any time and terms of supervised release or probation in felony cases after the expiration of one year of supervision if satisfied that such action is warranted by the conduct of an offender and is in the interest of justice. (Note: Early termination of parole cases is governed by the United States Parole Commission Rules and Procedures Manual, section 2.43.)
After you have completed at least one year of supervision, you or your attorney can petition the Court unless your conviction is precluded from early termination consideration.

Q: How do I have my conviction expunged or file for a pardon?

Answer

Federal convictions cannot be expunged. However, you may apply for a Presidential Pardon. Any person convicted of a felony in federal court is eligible to file a petition for a Presidential Pardon under the following circumstances, although some exceptions may apply:

The individual is no longer serving the sentence and is not under parole, probation, or supervised release;
Five years have passed since release from confinement or if confinement was not imposed, five years from the date of conviction; and
A waiting period of seven years is required for more serious offenses, including violations of narcotic laws, income tax laws, perjury, violation of public trust involving dishonesty, violent crimes, gun control laws, fraud involving substantial sums of money, violations involving organized crime, and other crimes of a serious nature.

It is recommended that you consult with an attorney to assist you with the process. Pardon applications may be obtained by making a written request to the Office of the Pardon Attorney, at the following address:

Office of the Pardon Attorney
United States Department of Justice
1425 New York Ave NW, Suite 11000,
Washington, DC 20530

Q: What are the standard conditions of probation the Court must impose?

Answer

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.

Q: I have been found guilty in Federal Court, what happens next?

Answer

Most likely, the judge has ordered a presentence report that will be used at your sentencing hearing. Your case will be assigned to a U.S. Probation Officer for the preparation of the presentence report, which will include a personal interview with you and possibly family members.

Q: What is supervision?

Answer

Supervision in the federal system is:

A core responsibility of U.S. probation and pretrial services officers, along with investigation.
A way to monitor the activities and behavior of people released to the community by the federal courts or paroling authorities.
An opportunity to help offenders reintegrate into the community following a period of incarceration.
In the case of probation, a punishment that is less severe than imprisonment but still holds people accountable for breaking the law.
An alternative to jail or prison that costs less than incarceration and gives people charged with or convicted of federal crimes the opportunity to live with their families, hold jobs, and be productive members of society.

United States Probation and Pretrial Services

Eastern District of Arkansas

G. Edward Towe, Ed.D. - Chief U.S. Probation & Pretrial Services Officer

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FAQs - Probation

General Disclaimer

Probation