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Probation vs. Parole: What Is the Difference?

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Probation and parole both involve supervision in the community, but they come at different points in the criminal process.

Probation

Probation is a sentence served in the community instead of, or in addition to, jail. A judge sets conditions, and a probation officer supervises you.

Parole

Parole is early release from prison, subject to supervision and conditions, granted by a parole board in many states. Some states have abolished discretionary parole but still use supervised release after a sentence.

Common conditions

  • Reporting regularly to an officer.
  • Staying employed or in school.
  • Drug testing and treatment.
  • Paying fines, restitution and fees.
  • Not leaving the area without permission.
  • No new arrests.

If you violate conditions

  1. Contact your lawyer or officer immediately if you may miss a requirement.
  2. A violation can lead to warnings, extra conditions or revocation.
  3. There is usually a hearing before a judge or board where you can present your side.
  4. Keep proof of compliance, such as pay stubs, receipts and treatment records.

Frequently asked questions

Can probation be ended early?

Often yes for good behavior in many states, by motion to the court.

Does probation create a criminal record?

A conviction usually does, even if you are not jailed.

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