Job searching in California can be tricky for anyone. However, individuals on probation often encounter great difficulty finding jobs as they face additional hurdles than the average applicant. The job must meet the rules and restrictions of probation, allow for probation officer check-ins, leave time for community service requirements, any drug and alcohol treatment or testing orders, and other provisions imposed by the court. Even when an employment prospect seems feasible, individuals on probation, not from a lack of effort, run into trouble accepting or maintaining jobs.
Probation comes with constraints, including the type of work, with who you can work, and the location (the district or county the workplace is located), which all bring unwanted added stress as most probation conditions include holding steady, at minimum part-time employment. You must ensure you can meet your new or prospective employer’s expectations and duties of the job while consistently balancing the requirements and conditions of probation. In addition, it can feel unnerving going to work and uncertain whether your employer is aware of your probation status, just learned about it, or how they feel about having you on their team while you complete probation.
Nevertheless, if you receive a job offer that seems like a good fit but is in another county, never dismiss potentially viable work opportunities based on assumptions. First, check the terms of your probation, make sure you understand the conditions and details and know you can request modifications.
In most cases, you can accept a job assignment out of county, depending on a few fundamental factors, including but not limited to the type of probation you are on, the conditions of the probation, and whether the county is within the judicial district your probation is rooted. These elements are reviewed and outlined in the text to follow.
Forms of Probation in California
California has conditional sentences, more commonly referred to as informal probation. As the name suggests, informal probation is less structured than formal probation. Individuals with a conditional sentence usually report to court rather than having a supervising probation officer to check in with, and they typically have more freedom. If you have this type of probation, you can still run by new employment to the court or check with your lawyer, but generally, working out of county should be fine. However, some cases have specific provisions for travel, so to be safe, it is always best to confirm.
In California, the main distinction between felony and misdemeanor probation is the severity of the crime, any attached elements of violence associated with the conviction, and the potential consequences for violating probationary terms.
Felony probation is for more serious crimes and carries stricter conditions, more extended probation periods, and harsher penalties for violations. A violation of felony probation can result in a defendant being sent to prison, whereas a breach of misdemeanor probation would typically result in a defendant being sent to jail.
Misdemeanor probation is for less severe crimes and carries less restrictive conditions, shorter probation periods, and lesser penalties for violations. A misdemeanor probation violation may result in additional fines, community service, or an extension of the probation period.
Additionally, felony probation may require the defendant to serve time in county jail before being placed on probation, while misdemeanor probation may not have such requirements.
It’s critical to note that the specific terms of probation vary case by case and are determined by the judge overseeing the case.
For example, a violation of felony probation may result in a defendant being sent to prison. In contrast, a misdemeanor probation violation may result in a defendant being sent to jail. Additionally, probation may be longer for a felony than for a misdemeanor, but each case is unique.
Travel Restrictions and Employment
A total of 15 counties form California’s Northern District, and typically, while on probation, you are permitted to travel between the counties within the district. For example, for a probationer in the northern district with an offer of employment outside northern district counties, you may have to either obtain an agreement from the judge in advance, ask the court to modify the terms, or submit a travel request that your probation officer must approve. Again, the level of restrictions may differ from case to case.
The court may further stipulate travel conditions in your probation or mandated supervision terms, although this tends to be more common in felony probation. For most cases of misdemeanor probation or conditional sentences (informal probation), the conditions of the probation will not impede upon travel, especially for work. However, every criminal case is unique, and the judge can include constraints.
Therefore, it is in your best interest to consult a skilled employment litigation attorney if you are offered employment out of the county. A San Francisco Bay Area lawyer can answer questions regarding travel restrictions relating to probation, help you navigate and understand the terms of your probation, make you aware of your rights, and identify if, how, and where the terms of your probation may intersect with an employment offer. The Adult Probation Department of San Francisco is also a source of abundant resources and knowledge regarding successful performance and conclusion of probation in California’s Bay Area.
When the offense for which you are on probation is minor, you have not had any violations, or you are on felony probation, but your job is just over an out-of-district county line, the court might be willing to alter the terms and come to an accord. To review the conditions of your probation and see if you require a modification, contact an experienced San Francisco Bay Area employment attorney for a free and confidential consultation.
