Traveling Abroad With A Felony: Is It Possible?

Travelling with a criminal record can be a complicated process, and it's important to research your destination country's laws and regulations before booking any travel. Generally, a person with a felony conviction can obtain a US passport, as these are merely identification documents. However, certain exceptions may prevent someone from obtaining a passport, such as owing over $2,500 in child support or having an active warrant for their arrest. While a US citizen with a felony conviction may be able to travel to most countries, their criminal record may cause issues when entering their destination country. Some countries, like Canada, have strict laws regarding entry for people with criminal records, even for minor offences like DUIs. It is recommended to contact the country directly to ensure entry will be permitted.

Obtaining a passport with a criminal record

A criminal record can affect your ability to obtain a passport, but it depends on several factors, including the type of offence, the time since the offence, the sentence served, and the destination country. Here are some key points to consider when applying for a passport with a criminal record:

• Reportable Offenders: If you are considered a "reportable offender" under the relevant laws, such as the Australian National Child Offender Register (ANCOR), you need permission to leave the country from a relevant authority before applying for a passport. Without this permission, your application may be withdrawn.
• Character Assessment: Even if you are not a reportable offender, authorities may still assess your character based on your criminal record. If you are deemed a risk to national security or the international community, your passport application could be refused.
• Visa Applications: A criminal record can complicate visa applications for your destination country. Some countries may automatically deny entry to individuals with certain convictions.
• Destination Country Policies: Different countries have varying rules regarding entry for people with criminal records. It is important to research the specific policies of your intended destination.
• Disclosure of Information: When applying for a passport, you may be required to disclose your criminal record, including all convictions and cautions, especially if they are related to military or overseas convictions.
• Pending Prosecutions: It is crucial to disclose any pending prosecutions or matters when applying for a passport. Failure to do so may be considered an attempt to deceive the relevant authorities.
• Sentence Length: The length of your sentence will impact your passport application. If you received a sentence of four years or more, your application is likely to be refused. For shorter sentences, you may need to wait a specified period before applying.
• Pattern of Offending: Authorities will consider if you have a pattern of committing offences. This could negatively impact your passport application, even if the individual offences do not warrant a refusal.
• Serious Harm and Sexual Offences: If your criminal record includes offences that caused serious harm to victims or sexual offences, your application may be refused, especially if you are currently under notification requirements or subject to relevant orders.
• Rehabilitation and Good Character: Demonstrating rehabilitation and good character can improve your chances of obtaining a passport. This includes completing sentences, providing evidence of rehabilitation, and abiding by the laws of your country.

It is important to note that the specific process and requirements may vary depending on your country of residence and the policies of the passport-issuing authority. Always consult official sources and seek legal advice if needed.

Travel restrictions imposed by the court

• Probation or parole conditions: If you are on probation or parole, the court may impose travel restrictions as a condition of your release. This could include being restricted from leaving the country or even crossing state lines.
• Protecting victims: In cases such as stalking, the court may impose travel restrictions to ensure that the convicted person does not approach the victim again. These restrictions may last for a significant period, such as up to five years after release.
• Child support debts: In the United States, restrictions on travel have been imposed as a punishment for child support debtors. This can include the revocation of certain types of driver's licenses, which restricts the ability to travel by car.
• Quarantine and public health: During public health emergencies, courts may impose travel restrictions to prevent the spread of contagious diseases. This could include quarantine orders for individuals or groups, or even broader restrictions on movement between states or regions.
• National security and foreign policy: Courts may also restrict travel for reasons of national security or foreign policy. For example, denying a passport to an individual suspected of promoting communism abroad.

It is important to note that travel restrictions can vary significantly depending on the jurisdiction and the specifics of each case. If you are facing travel restrictions imposed by a court, it is advisable to seek legal advice to understand your specific situation and explore any potential avenues for relief.

Travel restrictions imposed by the government

United Kingdom

The UK government imposes travel restrictions on individuals convicted of drug trafficking offences. The Criminal Justice and Police Act of 2001 outlines that individuals sentenced to four or more years in prison for drug trafficking may be subject to travel restriction orders (TROs) as part of their sentencing. These TROs can include the confiscation of UK passports for the duration of the travel ban. The length of the TROs varies, but they typically last for at least two years.

United States

In the US, individuals with felony convictions generally do not face government-imposed travel restrictions, unless they have outstanding arrest warrants, have been convicted of drug trafficking, owe a significant amount in child support, or have been explicitly prohibited from leaving the country by a judge.

Canada

Canada has strict travel restrictions for individuals with criminal convictions, including for minor offences such as DUIs, reckless driving, petty theft, and drug possession. US citizens with criminal records may be denied entry into Canada and should consult with an attorney before attempting to cross the border.

Travel restrictions imposed by airlines

Airlines may impose travel restrictions on passengers for a variety of reasons. These restrictions are typically related to safety, security, and maintaining a pleasant flight experience for all passengers. Here are some common types of travel restrictions imposed by airlines:

• Behavioural Issues: Airlines want customers who will behave appropriately and not cause any trouble during the flight. If a passenger has a history of disruptive behaviour or has been banned by a particular airline, they may be restricted from flying with that carrier again. Maintaining calm and proper behaviour while travelling can help ensure you don't face such restrictions.
• Safety and Security: Airlines have strict regulations to ensure the safety and security of passengers and crew. This includes restrictions on carrying hazardous materials, such as matches, in checked baggage. Additionally, smoking is prohibited on flights, and tampering with smoke detectors in restrooms carries a steep fine.
• Baggage Restrictions: Most airlines have specific limitations on the size, weight, and number of carry-on and checked bags. Some airlines may charge extra for checked baggage, advance seat assignments, or other services. It's important to familiarise yourself with the baggage policies of your chosen airline to avoid any issues.
• Overbooking and Bumping: Overbooking is a common practice where airlines sell more tickets than there are seats, anticipating that some passengers may not show up. In the event of an oversold flight, airlines usually seek volunteers to give up their seats in exchange for compensation. If there are not enough volunteers, the airline may bump passengers involuntarily, following specific guidelines and providing denied boarding compensation.
• Refund and Change Policies: Each airline has its own policies regarding refunds and changes to reservations. Some airlines offer flexible options, while others may charge fees for changes or cancellations. It's important to review the terms and conditions before booking to understand your rights and options.
• Health and Safety Protocols: During the COVID-19 pandemic, airlines implemented various health and safety protocols, including mask mandates, social distancing, and proof of vaccination or negative COVID-19 tests. These measures were put in place to protect the health and safety of passengers and crew.

It is important to note that travel restrictions imposed by airlines can vary, and it is always advisable to review the specific policies and guidelines of the airline you plan to travel with. By understanding and adhering to these restrictions, passengers can help ensure a smooth and pleasant travel experience for themselves and their fellow travellers.

Entry into other countries

While a US passport is relatively easy to obtain for someone with a felony conviction, as it is a mere identification document, entry into other countries is a different matter. Many countries will restrict entry for people with criminal records, especially those with drug convictions, money laundering charges, or crimes involving "moral turpitude" such as fraud.

Visa applications often ask about criminal history and give immigration officers the discretion to deny entry. It is impossible to predict how any given country will respond to a criminal record, so international travel always carries a risk. Some countries may require specific application forms to be completed, especially if a visa application is being made.

Canada, for example, is very strict about DWI convictions, even misdemeanors. The UK will restrict entry for those with criminal records if the punishment amounted to incarceration for 12 months or more. Jamaica will not allow those with a felony conviction to enter. Most Caribbean nations, however, will not limit entry for those with criminal records.

If you have a criminal record and want to travel internationally, it is important to know passport and visa restrictions laws. People with felony convictions are generally eligible for passports or visas, depending on their circumstances. If you are a US citizen, you can apply for a passport even while your felony conviction is still pending. If your sentence has been completed or dismissed (including probation), you should have no problem. If you are not a US citizen, you must show that your conviction was overturned or otherwise vacated by law before applying for an international travel document like the visa waiver program.

Some countries may allow entry if the crime was committed a long time ago (10 or 15 years) and the person has not been convicted of other offences in the meantime. Other countries don't care how much time has passed; you won't be allowed to enter with a criminal history. It is always best to check with an embassy or consulate of your destination country to understand their immigration laws.

Frequently asked questions