When does the eligibility clock actually start?

The standard rule

In nearly every state, the eligibility clock starts at the latest of:

• Release from custody (if you were incarcerated)
• End of probation or parole (or any other supervision)
• Final restitution payment (or any outstanding fines)

Note the “latest of.” If you were released from custody three years ago but are still on probation, the clock has not started. If you finished probation last year but still owe $400 in restitution, the clock has not started. The point is that the state is asking whether you have completed your sentence — and unpaid obligations or active supervision mean you have not.

The supervised-release trap

A surprising number of people in petition states believe their wait period is satisfied because their probation ended five years ago — only to learn at filing that the parole board converted them to a different form of supervision (mandatory supervision, lifetime registration in some states for non-sex offenses) and that supervision is the new clock-starting event.

If you finished one form of supervision and were notified of a successor (often by mail), the successor's end date is the relevant date. The court of conviction can verify which form was last on your case.

The restitution-paid trap

Restitution is the obligation that catches people most often. Many jurisdictions allow restitution to be reduced to a civil judgment and paid over time — but the criminal eligibility clock typically does not start until the criminal restitution order is fully satisfied. Civil judgment payment is not the same thing.

Pull the docket from the court of conviction and confirm restitution shows as fully paid before you start counting. If there's any ambiguity, the court clerk can issue a restitution-paid letter you can attach to the petition.

Pardons, deferred adjudication, conditional discharge

If your conviction was set aside, deferred, or conditionally discharged, the rules differ. Some states treat these as if no conviction ever occurred (no wait period at all); others run the clock from the date the conditional period expired. The state page for your state of conviction has the specifics.

Multiple convictions

If you have multiple convictions in the same state, most states start the clock at the completion of the most recent one — not the oldest. This means an old eligible offense can be locked behind a more recent ineligible one. An attorney can sometimes unbundle them on a case-by-case basis.

Informational, not legal advice. Confirm dates and supervision status with the court of conviction before filing.