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FAQs - General

General

Q: Where can I get information regarding child support?
Answer

For information regarding child support, contact the Montana Child Support Enforcement Division. 
Q: I owe restitution for my crime. Who do I pay?
Answer

All payments for fines, restitution and special assessments ordered by the judge in your case are to be paid to the U.S. District Court Clerk. Please include your name and case number on your cashier’s check or money order.
Q: I am owed court-ordered restitution, who do I contact to get my money?
Answer

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.
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 do I have my conviction expunged?
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 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, 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: If I am convicted of a felony in Federal court, can I vote?
Answer

In all but two states (Vermont and Maine), voting age citizens convicted of a felony are barred from voting for at least some period of time. Restrictions on a felon's right to vote are summarized below:

Voting rights retained while incarcerated for a felony conviction in: Maine and Vermont.

Voting rights restored automatically upon release from prison in: The District of Columbia, Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, and Utah.

Voting rights restored automatically once released from prison and discharged from parole (probationers can vote) in: California, Colorado, Connecticut, New York, and South Dakota.

Voting rights restored automatically upon completion of sentence, including prison, parole, and probation in: Alaska, Arizona, Arkansas, Georgia, Idaho, Kansas, Louisiana, Maryland, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, Washington, West Virginia, and Wisconsin.

Voting rights restoration is dependent on the type of conviction and/or the outcome of an individual petition or application to the government in: Alabama, Delaware, Mississippi, Nevada, Tennessee, and Wyoming.

Voting rights can only be restored through an individual petition or application to the government in: Florida, Iowa, Kentucky, and Virginia.
Q: Where can I find the probation or pretrial service office mailing address?
Answer

See our Office Locations.
Q: What is the presentence investigation phase of a case?
Answer

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.
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.

Read more about supervision.
Q: Where can I find information about the district court’s judges and magistrate judges?
Answer

You can find information on federal judges (district and magistrate judges) U.S. District Court, District of Montana's website.

 
Q: If I am convicted of a Federal crime, am I permitted to hunt?
Answer

An individual convicted of a felony offense is prohibited from possessing a firearm under 18 U.S.C. § 922(g)(1), but is not prohibited from hunting consistent with state regulations.

Provided that they are not subject to probation/supervised release conditions prohibiting the possession of a dangerous weapon, felons may hunt with bows and/or black powder rifles if no risk is determined by your U.S. Probation Officer.  Felons subject to state supervision under the Montana Department of Corrections are specifically precluded from possessing bows and/or black powder rifles.
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.
Q: How do I get a certified copy of a document?
Answer

You may request a certified copy of a document by contacting the U.S. District Court clerk’s office.
Q: I have a friend/family member who is in prison. How do I find out where he is being held?
Answer

If your friend/family member was convicted in Federal court, he most likely is held in a prison operated by the Federal Bureau of Prisons. This information is publicly available via the Federal Bureau of Prisons website with the Inmate Locator.