Navigating International Travel After a Felony Conviction
By Jeff Grant
International travel after a felony conviction is complicated, but not always impossible. The rules vary significantly by country, and navigating them requires advance research and, in many cases, legal assistance.
Passport Eligibility
Most people with felony convictions are eligible for a U.S. passport. The main exceptions are those convicted of drug trafficking offenses with an international element, those on probation or supervised release with a travel restriction, and those with outstanding federal arrest warrants. If you are on supervised release, you will need your probation officer's approval for international travel.
Country-by-Country Rules
Each country sets its own rules about who can enter. Some countries with strict entry rules for people with felony convictions include:
- Canada: Canada is one of the most restrictive. A single DUI — even a misdemeanor — can result in denial of entry. Felony convictions generally require an application for Criminal Rehabilitation (a multi-year process) or a Temporary Resident Permit before travel.
- Australia: Australia requires a visa for U.S. citizens with criminal records. A sentence of 12 months or more (regardless of time actually served) typically results in visa denial.
- Japan: Japan can deny entry to anyone convicted of an offense with a sentence of more than one year.
- United Kingdom: The UK's rules are complex and depend on the nature of the offense and the sentence imposed.
Countries That Are Generally More Accessible
Many countries do not conduct criminal background checks for U.S. citizens entering as tourists, including Mexico, most of Central and South America, and most of Europe. However, rules can change and there are exceptions, so research your specific destination before travel.
This is for informational purposes only. Consult an immigration attorney before making international travel plans.
