Pretrial Questions

1. I’ve pled guilty. What happens now?

2. Who will let me know when and where to voluntarily surrender?

3. What can I bring to the prison when I voluntary surrender?

4. Where can I get more information about the institution where I have been designated?

5. I have been sentenced and am waiting to be told where to report to serve my sentence. Do I report to my U.S. Probation Officer until I am assigned to a prison?

Probation \ Supervised release

1. I know of a family member who is on Federal probation/supervised release, can you tell me what crime they committed?

2. I am required to register as a sex offender. What should I do?

3. I have a condition of supervision for location monitoring. I need to request a change to my normal weekly schedule because I have an upcoming doctor’s appointment. What do I do?

4. Where should I send my restitution, fine or special assessment fee payments?

5. How can I get off probation or supervised release supervision early?

6. When can I vote again?

7. 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 Western District of New York. How can his/her case be transferred?

8. 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?

9. How do I request to travel outside the judicial district?

10. I have been released from federal prison, how soon do I have to report for supervision?

11. While I am on probation or supervised release, will my probation officer contact my employer and/or visit me at my job?

General Questions

1. I am owed court-ordered restitution, who do I contact to get my money?

2. Where can I get information regarding child support?

3. What type of identification do I need when reporting to the probation office?

4. Can the probation office tell me if someone is on supervision, and, if so, may I speak with the supervising officer about violations of the law or supervision conditions?

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

6. How do I have my conviction expunged?

7. Where can I find the probation or pretrial service office mailing address?

8. What is the presentence investigation phase of a case?

9. How can I find out where my family member/friend is incarcerated?

10. What is the difference between probation, parole, and supervised release?

Pretrial Answers

1. I’ve pled guilty. What happens now?

Your attorney will be contacted by a probation officer to schedule the presentence investigation interview at the probation office. If you are on bond supervision, this generally will be a separate probation officer from the officer who is supervising you for pretrial supervision purposes. For detained defendants, the interview is held at the detention facility. The probation officer will meet with you and ask a variety of questions about your personal history. This information will be provided to the judge in a presentence investigation report. The report will also contain information about your federal case, any criminal history you have, and the sentencing options available to the Court. You and your attorney, as well as the Assistant United States Attorney assigned to your case, will have the opportunity to review the report before it is provided in its final version to the judge. You will have the opportunity, through your attorney, to comment on the report and file any objections to it. The report is provided to the Court approximately 10 days prior to your sentencing hearing.

2. Who will let me know when and where to voluntarily surrender?

If you are on pretrial supervision, your supervising officer will contact you with that information upon our office receiving it from the federal Bureau of Prisons. If you are on a personal recognizance bond, the probation officer who prepared your presentence investigation report will contact you with that information upon our office receiving it. You may also separately be notified by your attorney and/or the United States Marshals Service.

3. What can I bring to the prison when I voluntary surrender?

Information is available at the Bureau of Prisons website, http://www.bop.gov/inmate_programs/surrenders.jsp

4. Where can I get more information about the institution where I have been designated?

Information about Bureau of Prisons facilities, including contact information and facility orientation handbooks, is available on the BOP’s website, http://www.bop.gov

5. I have been sentenced and am waiting to be told where to report to serve my sentence. Do I report to my U.S. Probation Officer until I am assigned to a prison?

If you were released on bond with pretrial supervision, you are still required to report to your U.S. Pretrial Services Agency Officer until you report to prison. Failure to abide by these conditions after sentencing could result in arrest and remand for immediate service of the sentence.

Probation \ Supervised release Answers

1. I know of a family member who is on Federal probation/supervised release, can you tell me what crime they committed?

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.

2. I am required to register as a sex offender. What should I do?

Registration requirements in New York are detailed on the Sex Offender Registry website, www.ny.gov(link is external).Your supervising officer will also review the registration requirements with you at the commencement of supervision.

3. I have a condition of supervision for location monitoring. I need to request a change to my normal weekly schedule because I have an upcoming doctor’s appointment. What do I do?

Per your location monitoring participant agreement, leave exceptions to your normal schedule, including requests for time out for medical appointments, court appearances and attorney visits, are to be requested in 3 business days advance by calling your officer. If your officer does not answer, you are to leave a message for your officer with your name, phone number and the nature of your request. You are to adhere to your previously approved schedule and not deviate from your schedule unless you have spoken to you officer and confirmed the leave exception or schedule change has been approved.

4. Where should I send my restitution, fine or special assessment fee payments?

If you were sentenced in the United States District Court for the Western District of New York, payments should be sent to the Clerk of the Court, United States District Court, 2 Niagara Square, Buffalo, New York 14202. Payments can also be made in person at the Clerk’s Office on the second floor of the same address during business hours. Checks or money orders should be made payable to Clerk of the Court, United States District Court and should indicate your case number.  If you were sentenced in another federal court, you should contact the Clerk’s Office of that court for payment instructions.

5. How can I get off probation or supervised release supervision early?

Title 18 U.S.C. §§ 3564(c) and 3583(e)(1) permit the Court to terminate terms of supervised release or probation in felony cases after the expiration of one year of supervision if such action is warranted by the conduct of an offender and is in the interest of justice. You can discuss with your supervision officer and/or your attorney your eligibility and the process for requesting early termination of supervision.

6. When can I vote again?

 A person convicted of a federal offense who is on probation or supervised release, is eligible to vote.

 If you are incarcerated, you cannot vote.
 If you are presently under New York State Parole or Federal Parole supervision, the following applies in order to vote:

 You must be pardoned or restored to the rights of citizenship by the President of the United States;
Your maximum sentence of imprisonment must have expired. 

7. 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 Western District of New York. How can his/her case be transferred?

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.

8. 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?

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.

9. How do I request to travel outside the judicial district?

For clients on pretrial services supervision, your bond may require Court approval for travel, which requires a motion by your attorney. For probation, supervised release, and parole clients, travel generally is to be requested at least 10 days in advance. You should submit a written request for permission to travel to your supervising officer and await approval from your supervising officer. Generally, travel is not permitted during the first 60 days of supervision.

10. I have been released from federal prison, how soon do I have to report for 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. If you are released on a Friday, you should report by the next business day. Please call either the Buffalo office at (716) 551-4241 or the Rochester office at (585) 263-6810 between 8:30 AM and 5:00 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.

11. While I am on probation or supervised release, will my probation officer contact my employer and/or visit me at my job?

Verifying your employment is an important role of your supervising probation officer. Your probation officer will discuss with you how verification of employment will be accomplished in your circumstances.

General Answers

1. I am owed court-ordered restitution, who do I contact to get my money?

The U.S. Probation Office is not authorized to release information regarding payments received and distributed by criminal defendants. Please contact the U.S. District Court Clerk for information if you believe you are owed court-ordered restitution.

2. Where can I get information regarding child support?

For information regarding child support, call your state’s Department of Health and Human Services.  http://www.health.ny.gov/(link is external)

3. What type of identification do I need when reporting to the probation office?

All persons entering the United States Courthouse must present a valid picture ID. Visitors are required to pass through a magnetometer and have all belongings and packages subject to physical and/or x-ray examination. If you are an offender reporting subsequent to release from an institution or residential re-entry center, please bring with you any release documents you received.

4. Can the probation office tell me if someone is on supervision, and, if so, may I speak with the supervising officer about violations of the law or supervision conditions?

The fact that an individual is on supervision due to pretrial release, a probation sentence or a term of supervised release is a matter of public record, obtainable through the Clerk's Office of the United States District Court. We can relay that public information and can also advise if an individual is on parole. We cannot, however, disclose any additional file information. You may speak with the supervising officer to provide information that may be of assistance in the supervision of any individual under our supervision, including the reporting of apparent violation behavior.

5. If I am convicted of a federal crime, can I or a family member own or possess a firearm?

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.

6. How do I have my conviction expunged?

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 strongly 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(link is external), at the following address:

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

7. Where can I find the probation or pretrial service office mailing address?

Buffalo
Robert H. Jackson U.S. Courthouse
2 Niagara Square
Buffalo, NY 14202

Rochester
Federal Building
100 State Street
Rochester, NY 14614

8. What is the presentence investigation phase of a case?

Presentence investigation occurs after a defendant enters a plea of guilty to a federal offense or is convicted by trial. During this phase, a probation officer interviews the defendant to gather information on the defendant's background. From the interviews and investigation, the probation officer prepares a presentence report for the judge to use to determine the appopriate sentence for the defendant.

Read more about presentence investigation.

9. How can I find out where my family member/friend is incarcerated?

If the individual is incarcerated as a federal inmate, you can utilize the Bureau of Prisons inmate locator, http://www.bop.gov/iloc2/LocateInmate.jsp(link is external)

10. What is the difference between probation, parole, and supervised release?

Probation is a term of community supervision imposed by the Court in lieu of a prison sentence. Parole is a period of community supervision imposed by the United States Parole Commission to be completed after release from a prison term. Supervised release is a period of community supervision imposed by the Court to be completed after release from a jail or prison sentence.