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Traveling Outside the U.S. with a Criminal Background

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  Can You Travel Outside of the U.S. with a Criminal Background?

Whether or not you can travel outside of the U.S. with a criminal background will depend on the country you wish to visit, the nature of your criminal record, and the severity of your offense. Generally speaking, most countries have their own laws and regulations regarding entry and immigration, and it is up to their discretion to decide who they allow into their country.

If you plan on traveling with a misdemeanor record, you may still be able to go to some countries, especially those that do not have strict immigration policies. However, some countries may deny entry to people with a criminal background, particularly for serious or violent offenses.

Even if you are able to travel to another country with a criminal background, you may still face additional scrutiny and restrictions during the immigration process, such as additional questioning or searches.

If you are planning to travel outside of the U.S. with a criminal background, first research the specific entry requirements for the country you plan to visit and speak with an immigration lawyer if necessary.

Additionally, you may want to apply for a travel waiver or visa, increasing your chances of being granted entry into certain countries.

What Are Some Effects of Having a Criminal Record?

What about traveling as a u.s. citizen, what about traveling as a non-u.s. citizen, how can i avoid difficulties when traveling, what else should i know about traveling with a criminal background, can i obtain a passport with a criminal record, can i travel outside of the u.s. if my record was expunged, how can an immigration lawyer help.

Having a criminal record can have significant and long-lasting effects on your life, including your employment opportunities, housing options, and even your ability to travel outside of the country.

Here are some specific effects of having a criminal record, particularly for felonies , DUI charges , and unpaid child support :

  • Travel restrictions: A criminal record can limit your ability to travel outside the country, particularly for felony offenses and DUI charges. Some countries may deny entry to people with certain criminal convictions or may require additional documentation, such as a travel waiver or visa, which can be difficult to obtain.
  • Employment opportunities: People with a criminal record may have difficulty finding employment, particularly in fields that require background checks, such as healthcare, education, and finance. Some employers may have policies that automatically disqualify people with certain types of criminal convictions.
  • Housing options: Landlords and property managers may also conduct background checks on potential tenants and may be hesitant to rent to people with a criminal record, particularly for felony offenses.
  • Financial impacts: Unpaid child support can result in a criminal record and can have significant financial impacts, including wage garnishments, tax refund intercepts, and even arrest warrants.
  • Personal relationships: Having a criminal record can also impact your personal relationships, as some people may be hesitant to associate with people who have been convicted of a crime.

Having a criminal record can have long-lasting effects on your life, and it is crucial to understand the potential consequences of criminal convictions. If possible, seek legal advice to explore your options for reducing or expunging a criminal record.

As a U.S. citizen, you have the right to travel within the country and to most international destinations. However, having a criminal record can impact your ability to travel to some countries, particularly for felony offenses and DUI charges.

Some countries have strict immigration policies and may deny entry to people with certain criminal convictions, while others may require additional documentation, such as a travel waiver or visa. You should research the specific entry requirements for the country you want to visit and speak with an immigration lawyer if necessary.

For non-U.S. citizens, having a criminal background can significantly impact their ability to travel, particularly if they are not citizens of the country where the offense was committed.

Many countries have strict immigration policies that may deny entry to people with criminal convictions, even for minor offenses.

Additionally, some countries may require a visa or other documentation for entry, which may be hard to obtain for people with a criminal record.

Research the specific entry requirements for the country you wish to visit and consult with an immigration lawyer. In some cases, obtaining a waiver or pardon may be possible to overcome the criminal inadmissibility grounds and gain entry into the country.

Here are some tips to help you avoid difficulties when traveling with a criminal background:

  • Research entry requirements: Before booking your trip, research the entry requirements for the country you want to visit. Some countries have strict immigration policies and deny entry to people with criminal convictions. If you are unsure about the requirements in the country you are planning to visit, speak with an immigration lawyer.
  • Obtain necessary documentation: If additional documentation, such as a travel waiver or visa, is required, make sure to obtain it well in advance of your travel dates.
  • Disclose your criminal record: Be honest when filling out travel forms and disclosing your criminal record. Failing to disclose your criminal record can result in a denied entry or even further criminal charges.
  • Plan for additional screening: If you have a criminal record, plan for additional screening and questioning during the immigration process. Try your best to stay calm and answer all questions truthfully.

Other legal issues to consider when traveling with a criminal background include the possibility of an immigration hearing , depending on the country you are planning on visiting. An immigration hearing may be required if you have been denied entry or if the immigration authorities have questions about your criminal history.

If an immigration hearing is required, contact an immigration lawyer to talk about your rights and options.

The answer is generally yes. However, there are some circumstances where a passport may be denied or revoked, such as for certain felony convictions or outstanding child support payments. Check with the U.S. Department of State for more information on passport eligibility requirements.

If your criminal record has been expunged or sealed, it may still impact your ability to travel outside of the U.S., depending on the country you are planning to visit. Some countries still consider the expungement or sealing of your record in their immigration decisions.

For this reason, you should research the specific entry requirements for the country you wish to visit before making any definite plans and consult with an immigration lawyer if necessary.

If you have concerns about traveling outside of the U.S. with a criminal background, you should talk to an immigration lawyer .

An immigration lawyer can help you research the specific entry requirements for the country you want to visit and advise you on any legal issues you may face. They can also help you prepare the necessary documentation and represent you in an immigration hearing if required.

Don’t hesitate to seek legal guidance from an experienced immigration lawyer to ensure a smooth travel experience outside of the United States. Use LegalMatch’s online attorney-client matching system to help you find the right immigration lawyer for all of your international travel needs today.

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Travelling abroad with a criminal record – Country by country

Our mission is to support & advocate for people with criminal records to be able to move on positively in their lives. Find out more

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Aim of this page, why is this important, travel to africa, travel to the americas, travel to asia, travel to oceania, personal experiences, discuss this with others, useful links, more information, get involved.

If you’ve been convicted of a criminal offence in the past, then your opportunities for entering another country may be limited. It can be difficult to get a definitive answer as to what questions are being asked by a country’s immigration department about criminal records.

The aim of this page is to give brief guidance on the entry criteria for various countries throughout the world. It’s part of our information on travelling abroad .

Many countries do not readily welcome people with a criminal record. However, how relevant your offence is and the time period that should elapse before being given permission to enter varies from country to country. Some are a lot stricter than others and it’s likely that we will have separate information where this is the case.

If you are being supervised by probation or on licence, you should follow the advice provided to you by your probation officer. Leaving the country without permission may result in a breach of your licence conditions.

If the country you’re intending to visit doesn’t require you to have a visa then you’re less likely to have a problem as a result of your criminal record.

Disclosure of your criminal record will often vary depending on the type of visa that you’re applying for. Most countries that issue retirement visas will require a police certificate as do work and student visas.

If you’re asked about your criminal convictions you should answer truthfully. If you don’t and they subsequently come to light, this could result in a lengthy or permanent bar to entering the country; this is especially so in Canada and the USA.

A visa to travel to Egypt needs to be purchased online in advance. However, there are no questions about criminal records on the visa application form.

The majority of people travelling to Ethiopia will require a visa. This is available as an e-visa which can be completed in advance or can be purchased on arrival. There are no questions about criminal records on the form.

Almost everybody travelling to Kenya will require a visa; the majority of individuals will be able to apply for an online e-visa . This visa application form asks individuals to disclose “any offence under any system of law”.

The majority of people travelling to Tanzania will require a visa. It can be purchased on arrival in the country or in advance as an online e-visa . There are no questions about criminal records on the application form.

Most visitors will not need a visa to visit Morocco. They will be asked to complete a Moroccan Immigration Landing Card but this has no questions about criminal records.

The majority of visitors will not need a visa to travel to Tunisia. They will be asked to complete a Tunisian Immigration Landing Card but this has no questions about criminal records.

South Africa

Most visitors will not need a visa to visit South Africa but they will usually be asked to complete a TC-01 Traveller Card on arrival (this is generally for customs purposes). There are no questions about criminal records on the TC-01 form. Further information on travelling to South Africa can be found here .

If you’re a British passport holder, travelling for less than 90 days, you won’t need a visa to travel to Argentina.

If you’re a British passport holder, travelling for less than 90 days you won’t need a visa to visit Brazil. You will be asked to complete a Brazilian Immigration Arrivals Card but there are no questions about criminal records.

Detailed guidance on travelling to Canada can be found here .

If you’re a British passport holder travelling for less than 90 days you won’t require a visa to travel to Chile. You will be required to complete a Tourist Card but there are no questions about criminal records.

Before travelling to Cuba you’ll need to purchase a Tourist Card online . There are no questions about criminal records on the application form.

Dominican Republic

If you’re a British passport holder travelling for less than 30 days you won’t require a visa to travel to the Dominican Republic. The purchase of a Tourist Card is no longer required.

If you’re a British passport holder you won’t require a visa to travel to Mexico. You will be asked to complete an Immigration Card on both arrival and departure but there are no questions about criminal records.

If you’re an British passport holder you won’t require a visa to travel to Peru if you’re visiting as a tourist.

Detailed guidance on travelling to the USA can be found here .

Tourist visas can be purchased on arrival in Cambodia or online by e-visa .

Detailed guidance on travelling to China can be found here .

You can travel to Hong Kong for up to 6 months without a visa. You will be asked to complete an Arrivals Card but there are no questions about criminal records.

Detailed guidance on travelling to India can be found here .

If you’re a British passport holder travelling for up to 30 days you won’t require a visa to travel to Indonesia. The Arrivals Card has also recently been abolished.

The majority of people visiting Iran will need a visa . You should make sure that you apply well in advance of your visit as the process can be long an unpredictable. There is a question on the visa application form which asks “Have you ever had any history of arrests or convictions in any country” .

You won’t need a visa to enter Israel as a tourist. Upon entry, visitors will be given an Entry Card to complete where you’ll be asked to confirm that you’ve not committed any criminal offence.

Detailed guidance on travelling to Japan can be found here .

You can travel to Macau for up to 6 months without a visa. You will be asked to complete an Arrivals Card but there are no questions about criminal records.

If you’re a British passport holder you won’t need a visa to travel to Malaysia. Landing cards have now been abolished.

The majority of people travelling to Nepal will require a visa. You can apply online but there are no questions about criminal records on the application form.

Phillipines

If you’re a British passport holder you can enter the Phillipines without a visa for an initial period of 30 days. You will be asked to complete an Arrivals Card but it doesn’t ask questions about criminal records.

You can travel to Singapore for up to 90 days without a visa. You will be asked to complete a Disembarkation/Embarkation form but there are no questions about criminal records.

South Korea

If you’re a British passport holder you can enter South Korea as a tourist for up to 90 days without a visa. You will be asked to complete an Arrivals Card but it doesn’t ask any questions about criminal records.

If you’re a British passport holder you can enter Taiwan without a visa for 90 days. You will be asked to complete an Arrivals Card but it doesn’t ask any questions about criminal records.

British passport holders can enter Thailand for 30 days without a visa – this is known as a visa exemption. You will be asked to complete an Arrivals Card but it doesn’t ask any questions about criminal records.

If you’re a British passport holder you can get a tourist visa on arrival in the UAE. As the UAE embassies do not issue visas, you’ll need to apply for one via a UAE-based airline.

Until June 2021 British passport holders can enter Vietnam for 15 days without a visa. After June 2021, visitors will need to apply for an e-visa online although there are no questions about criminal records.

Detailed guidance on travelling to Australia can be found here .

New Zealand

Detailed guidance on travelling to New Zealand can be found here .

The personal stories below have been posted on theRecord , our online magazine:

Travelling to Thailand with a criminal record – You just Thai and stop me

Having my wings clipped by an old conviction – How my criminal record stopped me travelling with my family

Read and share your experiences on our online forum.

Key sections include:

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here .

  • GOV.UK – Provides the latest travel advice by country including entry requirements
  • For practical information – More information can be found in our travelling abroad section
  • To read personal stories – You can read stories about this posted on theRecord, our online magazine, under the category of travelling abroad
  • To discuss this issue with others – Read and share your experiences on our online forum
  • Questions – If you have any questions about this you can contact our helpline .

Help us to add value to this information. You can:

  • Comment on this page (below)
  • Send your feedback directly to us
  • Discuss your views and experiences with others on our online forum
  • Share your personal story by contributing to our online magazine, theRecord .

Can you help please? My partner from Barbados lived in the UK some 20 years ago and whilst he was here was convicted and served a 15 year sentence in the UK. At the end of his sentence he was given a choice to either stay in the country under licence or go back to Barbados. As his family and grandchildren live in Barbados he made the decision to return there. We subsequently met nearly 5 years ago and my partner now wishes to come to the UK to visit me for a holiday. I understand he will need to apply for a standard visit visa however I have also read that if refused it is harder to obtain a visa through appeal. Can you recommend the best way to go forward with this please? Thank you

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Traveling with a Criminal Record: All Questions Answered

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Sometimes, an unfortunate event happens to us that may prevent us from getting the life we want. This can be the case with a criminal record . It is good to be aware of what situations you will be in when traveling, as not every country is going to be flexible in your situation. Here are some tips and advice for anyone looking to travel with a criminal record.

If you have a criminal record, there are several countries that will not let you enter. This can be a problem if you want to travel for business or pleasure. Here is a list of countries that will not allow entry to those with a criminal record.

Apply Online

In this article…

I have a criminal record and want to travel: What countries can I visit?

The United States, Canada , Australia , and New Zealand are some of the countries that will not allow entry to those with a criminal record.

Other countries too may refuse entry to visitors with a criminal record.

Countries that may refuse entry to visitors with a criminal record.

Afghanistan , Algeria , Angola , Bahrain , Cambodia , Cameron, Central African Republic , China , Comoros , Djibouti , Equatorial Guinea , Eritrea , Gabon , Gambia , Guinea, Guinea-Bissau, Indonesia , Ivory Coast , Kazakhstan , Kuwait , Kyrgyzstan , Laos , Lebanon , Liberia , Libya , Malaysia , Maldives , Mauritania , Mongolia , Mozambique , Myanmar , Namibia , Nepal , Niger , Nigeria , Oman , Pakistan , Qatar , Russia, Saudi Arabia, Senegal , Sierra Leone , Somalia , South Sudan , Sudan , Syria , Tajikistan , Thailand , Togo , Turkmenistan , UAE, Uzbekistan , Vietnam , Yemen , Zambia , Zimbabwe

💡 Tip: Buy travel health insurance before your trip.

Check out popular travel insurance plans and choose one that suits you.

Most plans only cost less than $20 a day.

How can I travel to America with a criminal record?

If you have a criminal record, you may still be able to travel to America. However, you will need to apply for a waiver in advance, which can be a lengthy and complicated process.

Even if you are granted a waiver, you may still be subject to additional scrutiny at the border. Be prepared to answer questions about your criminal record and why you are traveling to the United States.

If you have a criminal record, you may still be eligible for a US visa waiver . To apply, you will need to submit a completed application, including all required supporting documentation, to the US Embassy or Consulate where you will be applying for your visa.

What are the travel restrictions for people with a criminal record?

If you have a criminal record, travel restrictions will vary depending on the country you are trying to enter. For example, Canada will not allow people with certain types of criminal records to enter the country. The United States has a similar policy, but there are some exceptions. If you are hoping to travel to a country with strict travel restrictions for people with criminal records, it is best to consult with an attorney beforehand to see if there is any way to obtain a waiver.

Also read: US Work Visa – How to Apply

Can I get a waiver to enter the United States with a criminal record?

If you have a criminal record, you may still be able to enter the United States. Whether or not you are eligible for a waiver depends on the type of offense and how long ago it occurred.

If your criminal offense was a misdemeanor, such as petty theft or disorderly conduct, you may be eligible for a waiver if it occurred more than five years ago. If your offense was a felony, such as rape or murder, you will not be eligible for a waiver. ( Source )

In order to apply for a waiver, you will need to submit a completed application, along with supporting documentation, to the U.S. embassy or consulate where you will be applying for a visa. The consular officer will review your case and make a decision on whether or not to grant a waiver. If you are granted a waiver, you will be issued a visa and will be allowed to enter the United States.

How can I find out if my criminal record will prevent me from traveling?

If you have a criminal record, you may not be able to travel to certain countries. For example, Canada has a program called the International Criminal Information Centre (ICIC) which allows them to share information about people with criminal records with other countries. If you try to enter Canada and they find out you have a criminal record, you may be denied entry. ( Source )

There are also some countries that have specific requirements for people with criminal records. For example, Australia requires people with certain types of criminal records to apply for a special visa before they can enter the country.

If you’re not sure whether your criminal record will prevent you from traveling to a particular country, you can check with the embassy or consulate of that country.

There are a number of ways to check if you will be restricted from traveling to a particular country because of your criminal record.

The Foreign and Commonwealth Office (FCO) website has a list of countries that have entry requirements for British citizens. This list includes information on whether a country requires a criminal background check as part of its entry requirements.

The FCO also provides advice for British citizens traveling to specific countries. This advice includes information on any entry requirements for that country, including any requirements for a criminal background check.

If you are unsure whether your criminal record will restrict your travel to a particular country, you can check with the embassy or consulate of that country. You should do this before you book your travel arrangements.

In some cases, you may be able to apply for a waiver or exemption from the travel restriction. For example, you may be able to apply for a waiver if you are traveling for business or humanitarian reasons.

If you are found to be traveling to a country without the required documentation, you may be refused entry and could be deported. You may also be placed on a watch list which could make it difficult for you to travel to other countries in the future.

Can I travel internationally with a misdemeanor?

A misdemeanor on your record should not impact your ability to travel internationally.

There is no one answer to this question as different countries have different policies in place regarding entry for people with a misdemeanor. Some countries may allow entry for people with a misdemeanor, while others may not. It is important to research the entry requirements of a particular country before traveling there.

How can I travel if I have a criminal record?

If you have a criminal record, you may be able to travel if you meet certain requirements. For example, you may need to get a pardon or have your record sealed.

If you have a criminal record, traveling can be difficult. You may not be able to get a passport, or if you are able to get a passport, you may not be able to travel to certain countries. Even if you are able to travel, you may have to disclose your criminal record to customs and immigration officials, which could lead to problems.

Countries you can’t travel to with a criminal record

There are many countries that will not allow someone with a criminal record to enter. Some of these countries include Afghanistan, Algeria, Bahrain, Bangladesh , Barbados , Botswana , Brunei , Cambodia, Congo , Egypt , Ghana , Guyana, India , Iraq , Jamaica , Jordan , Kuwait, Lebanon, Libya, Malaysia, Mauritania, Morocco, Myanmar, Oman, Pakistan, Qatar , Saudi Arabia, Sierra Leone, Singapore, Somalia, Sudan, Syria, Taiwan, Thailand, Tunisia , Turkey, United Arab Emirates, Uzbekistan, Vietnam, Yemen, and Zimbabwe.

Do the Bahamas allow felons to enter?

The Bahamas does not have a formal policy on felons entering the country. However, it is generally assumed that felons would not be allowed to enter the Bahamas due to the country’s strict laws on crime and violence.

UK Criminal record travel restrictions

If you have a criminal record in the United Kingdom, you may be restricted from traveling to certain countries. This is because some countries do not allow people with criminal records to enter their territory.

Can I travel to the Caribbean with a criminal record?

If you have a criminal record, you may still be able to travel to the Caribbean . However, you will need to check with the embassy or consulate of the country you wish to visit to find out their specific requirements.

You may also need to get a waiver from the country’s government in order to be allowed entry.

Can green card holders with criminal records travel?

If you have a criminal record, you may still be able to get a green card (permanent resident card), but it will likely be more difficult and you may need to apply for a waiver of inadmissibility.

If you have been convicted of a crime, you are not automatically ineligible for a green card. However, your crime may make you inadmissible to the United States, which means you will not be able to get a green card unless you qualify for a waiver of inadmissibility.

There are many different types of crimes that can make you inadmissible, including:

  • Crimes involving moral turpitude (such as fraud or theft)
  • Aggravated felonies
  • Drug offenses
  • Human trafficking offenses
  • Domestic violence offenses
  • Unlawful presence in the United States

Also read: Visa Free Countries

If you are inadmissible to the United States, you may still be able to get a green card if you qualify for a waiver of inadmissibility. There are many different types of waivers available, and each has different requirements.

For example, the waiver for a crime involving moral turpitude requires that you show that you have been rehabilitated and that your crime was an isolated incident. The waiver for an aggravated felony requires that you show that you will be facing extreme hardship if you are not allowed to enter the United States.

If you have a criminal record and you want to get a green card, you should speak with an experienced immigration attorney who can help you determine if you are eligible for a waiver and assist you with the application process.

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Update April 12, 2024

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U.S. citizens may need a "certificate of good conduct" or proof that they lack a criminal record. These may be needed for many reasons abroad. These reasons may include adoption, school, and work. U.S. police may not know about this process because it is rare in the United States. U.S. citizens have many options to prove they have no criminal record.

Local Police Check

Go to your local police department where you live or last lived in the United States. Ask that the police conduct a local or state criminal records search. Ask that they provide a document showing you have no history of a criminal record. Police departments may need you to be there in person to request the background check.

Check if the country where you will use the records requires authentication. For information on that, please see our page on authentications .

FBI Records Check

The Criminal Justice Information Services (CJIS) Division of the Federal Bureau of Investigation (FBI) is in charge of an FBI records check. They are responsible for criminal justice information. They work with law enforcement and governments around the world. They also work with private organizations and citizens like you.

The FBI offers two ways to request your FBI Identification Record or to prove that no record exists:

  • You may get a copy of your record by submitting a written request to the CJIS Division. The request must include proof of identity. This proof must include your name, date and place of birth, and a set of rolled-inked fingerprints (which can usually be obtained at your local police department). If there is no criminal record, they provide a report reflecting this fact. The FBI will not provide copies of other people's arrest records to you.  See www.FBI.gov for current processing fees and more information. See also Identification Record Request and Guide for Obtaining Your FBI Identification Record . Lastly, see Submitting an Identification Record Request to the FBI.
  • You may also submit a request through an FBI-approved channeler. A channeler is a private business that has contracted with the FBI. They receive your fingerprint submissions and data. They also collect any fees. Then they send the submissions and information to the FBI. The FBI will give them the background check results, and they will give them to you. See www.FBI.gov for the list of FBI-approved channelers.

Note: You must submit a request directly to the FBI CJIS Division if you need:

  • An apostille or authenticated copy of your FBI Identification Record
  • An FBI Identification Record as a non-U.S. national or permanent resident

The U.S. Department of State Authentications Office can attach an apostille to a document for countries in the Hague Apostille Convention. For countries not in the convention, they will add a certification over the FBI seal.

Getting Your Fingerprints Taken

You should be able to get fingerprint cards from your local police or at www.FBI.gov . U.S. embassies and consulates abroad do not provide these services. See Fingerprint Identification: An Overview.

Authentication of Police or FBI Certificates of Lack of a Criminal Record

CJIS will authenticate U.S. Department of Justice Order 556-73 fingerprint search results for international requests. They do this if requested at the time of submission. They do so by placing the FBI seal and signature of a Division official on the results.

If needed, you can then send this document to our U.S. Department of State Authentications Office. They can authenticate it for you. Be sure to tell them what country you will use the document in.

Documents from your local police will need more than their seal. You will need more authentication. Contact your state Secretary of State’s office or other designated officials in your state. They can help you authenticate state-issued documents. See our general guidance on authentication of documents for use abroad .

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travel overseas criminal record

Whether a conviction involves a minor offense or something more serious, such as a felony, a criminal record will follow a person throughout their life, making it difficult to get back to experiencing normal activities such as traveling. Depending on the type of criminal record and the country being traveled to, a person may even be denied entry into another nation. Therefore, it’s essential to be aware of what situations may be faced when traveling with a criminal record.

Traveling to Other Countries

It’s necessary to know that criminal records can cross international borders and affect entry into one’s destination country. Every country can grant or deny access regardless of a person’s records. Whether or not a person will have an issue when traveling with a criminal record will depend on the destination and the severity of the crime committed.

The first thing to consider when traveling is the destination country itself. The ease of coming and going depends on that country’s laws. Some countries will be easy to travel to with a criminal record, while others will be nearly impossible to enter. For instance, Mexico will rarely check an American’s background before entry, while getting into Canada with one will be difficult for those convicted of a crime.

Whether flying or driving over the U.S.-Canada border, entry can be denied to any person with any conviction. Even minor offenses, such as DUIs, reckless driving, petty theft, and drug possession, could cause the convicted to be denied entry into the country.

Furthermore, the United States and Canada share criminal conviction information. The person may be denied entry if law enforcement at the border finds a conviction after conducting a background check. When traveling with a criminal record to a country with strict restrictions, such as Canada, it’s recommended that an attorney is contacted to explore all possible options, including the expungement of criminal records.

travel overseas criminal record

Europe and the United Kingdom

The ability to travel to Europe with a criminal record will depend on which country is visited. Generally, criminal conviction background checks are not carried out at European borders. Being honest if and when asked about criminal convictions is always advisable.

The United Kingdom (UK), however, is one of the few European nations that will restrict entry for those with criminal records. If a crime was committed and punishment amounted to incarceration for 12 months or more, the UK will likely deny entry to that person.

travel overseas criminal record

Most Caribbean nations, excluding Jamaica, will not limit entry for those with criminal records. But Jamaica will not allow those with a felony conviction to enter their country. Given the differing treatment, it’s best to research a destination’s country-specific laws and regulations before traveling there.

travel overseas criminal record

What Is an Expungement?

An expungement allows people to clear certain criminal records from their history, essentially making it like the crime has never occurred. Expungements benefit those seeking job employment, applying for a loan, or looking for housing.

Expungements can also be beneficial for those with criminal records traveling abroad. Depending on the country being traveled to, an expungement may make it easier to cross an international border or go through security checkpoints.

Benefits of Seeking an Expungement for Travel

Because an expungement makes it as though the crime never occurred, seeking one is a great first step for those looking to travel outside the country with a criminal record. The laws surrounding traveling with a criminal record will depend on the country. An expungement doesn’t always guarantee entry into the desired country. However, taking the legal steps to expunge a criminal record will decrease the likelihood of the country seeing the records and causing inconvenience.

Obtaining a Passport with a Criminal Record

A criminal conviction usually holds no weight over whether or not someone can get a passport in the United States. However, anyone can be denied one for:

  • Possessing a fake passport
  • Owing over $5,000 in child support payments
  • Being on probation
  • Having a warrant out for their arrest
  • Being considered a flight risk if they are awaiting trial
  • Being currently incarcerated

How Can an Attorney Help?

Losing your right to travel due to your past can be devastating. However, you do have options that can make travel possible again, helping to put the past behind you. If you or a loved one need assistance on how to travel with a criminal record, the team at Rosenblum Law can help. Our attorneys specializing in criminal defense and the expungement process have extensive experience assisting those with criminal records to return to living a normal life. We will take the time to listen to your unique situation and provide the best options and advice available. Email us or contact us today at 888-815-3649 for an initial consultation.

travel overseas criminal record

How do I know which countries I can and can’t travel to if I have a criminal record?

  • Each country has the absolute right to deny or grant access to anyone attempting to cross its borders. For those looking to travel abroad with a criminal record, it is recommended that you research the destination country’s set of laws and the type of offenses that will prohibit entry.

Can I get a passport with a criminal record?

  • For the most part, having a criminal record will not hold you back from applying for a passport in the United States. However, the State Department must deny an application for a passport if the criminal offense is a drug-related felony involving drug transportation over borders.

Can an expungement help me travel abroad?

  • Because the ability to travel abroad depends on the country of destination, an expungement doesn’t guarantee entry. However, an expungement can make the travel process more effortless.

Should I disclose expunged records during the Global Entry application process?

  • Even if a record has been expunged, you should always disclose criminal records. Government agencies, such as the Transportation Security Administration (TSA), Department of Homeland Security (DHS), the Federal Aviation Administration (FAA), and the Federal Bureau of Investigation (FBI), will most likely still be able to see your expunged records and will know about your offense whether you decide to disclose it or not.

travel overseas criminal record

About The Author

Adam is the founding attorney and principal of Rosenblum Law. With more than two decades of legal experience in numerous areas of law practice, his primary focus is law firm management and business development.

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How to Cite Rosenblum Law’s Article

Adam H. Rosenblum (Mar 29, 2021). North Carolina Must Seek Bolder Expungement Reforms to Reduce Recidivism. Rosenblum Law Firm, https://rosenblumlaw.com/north-carolina-must-seek-bolder-expungement-reforms-to-reduce-recidivism/

Adam H. Rosenblum "North Carolina Must Seek Bolder Expungement Reforms to Reduce Recidivism". Rosenblum Law Firm, Mar 29, 2021. https://rosenblumlaw.com/north-carolina-must-seek-bolder-expungement-reforms-to-reduce-recidivism/

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Traveling with a criminal history

travel overseas criminal record

  • 2.2 Ethiopia
  • 2.4 Tanzania
  • 2.5 Morocco
  • 2.6 Tunisia
  • 2.7 South Africa
  • 3.1 Argentina
  • 3.3.1 Character concerns
  • 3.3.2 Rehabilitation
  • 3.3.3 Temporary resident permits
  • 3.3.4 Pardons
  • 3.3.5 Financial history
  • 3.3.6 Other concerns
  • 3.3.7 Exception for British Citizens
  • 3.6 Dominican Republic
  • 3.9.1 Visa Office Advisory Opinions
  • 4.1 Cambodia
  • 4.3 Hong Kong
  • 4.5 Indonesia
  • 4.10 Malaysia
  • 4.12 Philippines
  • 4.13 Singapore
  • 4.14 South Korea
  • 4.15 Taiwan
  • 4.16 Thailand
  • 4.17 United Arab Emirates
  • 4.18 Vietnam
  • 5.1 Schengen Area
  • 5.2 Ireland
  • 5.5 Ukraine
  • 5.6 United Kingdom
  • 6.1 Australia and New Zealand

If you have been convicted of any crimes in the past , your opportunities for entering another country might be restricted. Many countries ban people who have served time in prison from entering, and while minor countries that do so often don't have the resources to find out about crimes that haven't made it to the international news, bigger countries may have them. For visas for long term visits (studying, work etc.) it's not uncommon that the destination country requires you to provide a translated statement from your country's criminal record system.

There is no single authoritative source to consult on travelling with a criminal history, nor will your experience in every country be the same (there are, after all, over 190 countries in the world) but most information can be found either on the destination country's immigration agency website, through its embassy in your homeland, or by searching legislation.

Understand [ edit ]

travel overseas criminal record

Many countries do not easily welcome those with criminal backgrounds for obvious reasons, but what criminal history is relevant, and the period that must have elapsed since a conviction, varies from country to country. For some countries, particularly Canada and the US, even a minor criminal conviction 50 years ago can cause you to be refused entry, while others would require a conviction for a violent or serious crime to be refused entry. This page also lists ways (if known) to overcome a bar on entry due to a criminal history.

In general it is very difficult, if not impossible, to travel to any country if you have a record of convictions for violent or sexual crimes, repeated convictions for felonies, or a recent conviction for a serious crime. Some countries prohibit their own citizens from leaving if they have serious criminal histories. However, in general, authorities are not concerned about petty offences.

If you are on probation or parole you must follow the travel policies set by your probation officer to the letter, as leaving the country (or even your locality in certain countries) without permission will result in a violation. Generally offences committed in the destination country count more than offences committed outside of their country. The most common question on visa forms and arrival cards is if you've formerly been deported or refused entry from the country (and often whether this has happened to you in any country).

Visas [ edit ]

If the destination country allows you to visit by just showing up at the border with your passport (or even ID-card), unless you are wanted by the authorities, it's less likely you will have problems. If you on the other hand need to apply for a visa or something similar (e.g. the American ESTA ), criminal history is frequently something they're interested in.

Requirements vary with the type of visa. All countries that issue retirement visas require a criminal background check, which is a letter from police in your home country or other places you've lived saying you have a clean record, and many countries require that for working, immigration or student visas as well. The background check might need to be notarized and even affixed with a apostille , a kind of international notarization. For a tourist visa, few if any countries check that carefully, but may sometimes ask about criminal history.

If you are asked about your criminal convictions, you must answer truthfully. Any false statements could result in a lengthy or permanent bar to entering that country, particularly the USA or Canada. Other countries, like the UK, have a concept of "spent" convictions that do not have to be declared once the conditions for "spent convictions" have been met, and that is about the only time you can get away with not disclosing a conviction. Countries with close relationships often have access to each others' criminal record databases that immigration officers can pull up; examples include the United States and Canada, Australia and New Zealand, as well as all Schengen Area and European Union countries.

Africa [ edit ]

Egypt [ edit ].

No questions about criminal history in the visa form or arrival card .

Ethiopia [ edit ]

Almost everyone needs a visa, but it's available as e-visa, and for most nationalities on arrival. No questions about crimes in the application form [dead link] .

Kenya [ edit ]

Citizens of a few African countries and small island nations around the world get in visa-free, almost everyone else needs a visa, for most this means e-visa. In the visa application you need to declare "any offence under any system of law".

Tanzania [ edit ]

Citizens of some African countries and small island nations can enter visa-free. For those who need a visa, almost everybody can obtain it on arrival or as an evisa. The visa form doesn't have any questions about previous crimes or convictions.

Morocco [ edit ]

Neither the visa application [dead link] nor the arrival card has any questions about criminal history.

Tunisia [ edit ]

Unclear about the visa application but the arrival card doesn't include questions of this nature.

South Africa [ edit ]

If you need to apply for a visa to enter or transit South Africa, you must declare [dead link] former crime convictions, criminal actions that are pending against you, memberships of organizations whose activities are against the law in different ways in any country. In addition they will ask you about being removed from or refused entry into South Africa. Visitors need to complete a TC-01 traveller card when arriving; this is mostly for customs issues.

Americas [ edit ]

Argentina [ edit ].

The Argentinian visa application includes a range of questions about crimes from prostitution to genocide and jail terms of more than three years.

Brazil [ edit ]

No questions about your past in the entry and exit card [dead link] nor in the visa application form , but after the form is filled out you may have to schedule an interview at the embassy or consulate.

Canada [ edit ]

travel overseas criminal record

While Canada's policies on criminal record are really strict (any convictions no matter how minor or how long ago makes you inadmissible), it is possible to overcome the inadmissibility by submitting an application for "rehabilitation". This process can take a long time and requires numerous references to prove that you are in fact rehabilitated and that further offences are unlikely. If you do not want to wait that long and must go to Canada, you may be able to apply for a temporary resident permit; however, the reason must be justified and vacations are not considered a justified reason.

If you have been convicted of driving while impaired by alcohol or drugs, you will probably be found criminally inadmissible to Canada as this is an offence under Canada's Criminal Code.

Frequently Asked Questions for criminal inadmissibility to Canada

Character concerns [ edit ]

All potential visitors, whether applying for a temporary resident visa or requesting landing permission at the border must be of good moral character, and under Canadian law this means having a completely clean criminal history. Any offence, misdemeanour or felony, regardless of how minor or how long ago it took place could exclude you from Canada for a period of time or indefinitely. Some U.S. citizens have been turned back while attempting to drive across the border. Even former U.S. President George W. Bush needed to apply for a waiver to enter on an official state visit during his term in office because of a past D.U.I. which happened twenty-four years before that. There are a few exceptions, and if you are inadmissible because of a criminal conviction, you do have some options.

A minor misdemeanour (what Canadian law calls a "summary conviction") may keep you out of Canada for at least five years from the date you finish your sentence. More serious offences ("felonies" in US law, "indictable offences" in Canadian or British law) may require you to wait up to ten years, or in the most serious cases obtain a pardon or other civil relief locally before applying for entry. Some relatively minor infractions in other countries (minor drug possession tickets in countries where they are not handled through the criminal system, or drunk driving in jurisdictions which treat this as a simple traffic violation) are considered criminal convictions for the purpose of immigration law, as Canada's Criminal Code treats these as crimes. With the exception of crimes of conscience, even if you were prosecuted for an offence in that country which would not have been an offence in Canada, it would result in you being inadmissible. Similarly, if you committed a violation that is considered a criminal offence in Canada but not in the country in which it was committed, that would also result in you being inadmissible to Canada. Even if you were never arrested, charged with a crime or sentenced it is possible to be turned away by a border guard on suspicion of criminal activity. Additionally, you cannot enter Canada if there are current charges pending against you or a trial is under way (for obvious reasons).

Although unlikely as a visitor who meets all other entry requirements, you may also be refused if you have significant unpaid debt, have an active civil judgement against you, or have recently declared bankruptcy. This is more likely to be an issue if your nationality requires a visa to enter Canada. In these cases, you can regain your ability to enter Canada by either paying the debt in full, showing evidence of a payment plan in good standing or after a bankruptcy showing a history of financial solvency over the period of a few years.

Offences committed before the age of 18, parking tickets, local ordinance violations and crimes of conscience (such as publishing statements critical of the government in an authoritarian country) generally do not result in inadmissibility. Similarly, non-criminal traffic tickets usually do not result in inadmissibility, although if you were ever required to appear in court over a traffic violation (not simply going to court to challenge a ticket) or you accumulated enough points that your license was summarily suspended or revoked, you may be inadmissible and should contact a Canadian embassy or high counsel for advice.

Rehabilitation [ edit ]

If you have a single misdemeanour or summary offence on your record and it's been at least ten years since you finished your sentence, and your offence could be punishable with a prison term of less than 10 years in Canada, you may be deemed rehabilitated on arrival. Some offences are hybrid, so even some summary offences carry a possible 10-year maximum sentence meaning you cannot be deemed rehabilitated . The burden is on you, the visitor, to provide proof that you have indeed reformed and are unlikely to re-offend. Possible proof includes but is not limited to:

  • Police "good conduct" reports
  • Character references
  • Letters from employers, pay stubs, tax returns or other documentation showing that you have steady employment
  • Evidence of any educational, volunteer or treatment experience that you've completed since your conviction.

Bring everything you have that suggests you're living a stable and crime-free life. The more documentation you have and the less the officer has to rely on your word that you've turned your life around the stronger your case is for being admitted.

If you are turned away, or if your offence makes you ineligible to be deemed rehabilitated, you can apply for individual rehabilitation directly to Citizenship and Immigration Canada (CIC) . Again, at least five years must have passed since you completed your sentence. An application for individual rehabilitation has onerous documentation requirements, costs between CAD200 and CAD3,000 depending on the nature of the offence and whether the application requires approval from the Minister of Justice (all except the most straightforward misdemeanour convictions do) and can take six to twelve months (there are no guaranteed processing times) to get an answer. While you can compile the documentation and submit the application yourself, both CIC and many who have gone through the process highly advise retaining an immigration attorney to complete and file the application on your behalf. If you are denied rehabilitation, there is no right of appeal, you will not be given specific reasons as to why your application was denied, and you must wait at least one year before applying again.

Temporary resident permits [ edit ]

If you aren't qualified for either type of rehabilitation or are turned down, another option is a temporary resident permit , a one-time waiver for an inadmissible person to enter Canada. This is not the same as a temporary resident visa , but the two can be applied for together if you are from a country requiring such a visa. These are very rarely granted - only for "exceptionally compelling humanitarian grounds" or "reasons of significant national interest" .

While this has been used or abused by a politically well-connected few (including disgraced Canadian media mogul Conrad Black, who renounced citizenship) issuance of these permits is rare. Unless you're dealing with a documented family emergency, can afford to hire a really good immigration attorney or have connections in Canada (such as a Member of Parliament) who can intervene on your behalf, don't even bother applying for one of these.

Pardons [ edit ]

Obtaining a pardon or unconditional discharge will generally restore your ability to travel to Canada, and depending on your circumstances you may have much more luck going this route. If the crime was committed in Canada, there's a centralized process you can go through and odds of success are fairly high if you've shown commitment to turning your life around and kept your nose clean since then.

If your pardon or discharge was issued for a crime outside Canada, be sure to bring documentation to that effect with you to the border or when applying for a visa.

Financial history [ edit ]

Immigration authorities may perform a credit check and review your overall financial history as part of the character and risk assessment when applying for a visa or for landing permission at the border. Credit checks are not automatic for temporary visitors; they typically occur as part of a larger background investigation that results if the officer cannot ascertain your ability to support yourself. Minor issues (such as an occasional late credit card payment) are not a major concern. That being said, if you have frequent late payments, chargeoffs, liens, repossessions, or a bankruptcy, in the past few years, definitely be prepared to explain yourself (and having recent pay-stubs or other evidence of steady funds available for review is highly advised.)

On the other hand, if you are applying for any type of long term visa (such as a work or study permit) or are immigrating to Canada, your credit will be checked as part of the background investigation, and visas are occasionally denied for recent financial problems or just for having a large amount of unpaid debt, even if it's in good standing (e.g. student loans). Unless you can prove your credit problems were due to circumstances beyond your control (e.g. prolonged disability or illness, failed business venture, or identity theft) or are prepared to hire an immigration attorney, cleaning up your financial state of affairs at home prior to making plans for working or moving to Canada is strongly advised.

If you have a civil judgement against you (whether paid or not), or are a defendant in a pending lawsuit for unpaid debt, depending on the circumstances you may be inadmissible, contact an immigration attorney for advice. Additionally:

  • The People's Republic of China and several Persian Gulf countries ( Bahrain , Kuwait , Qatar , and the United Arab Emirates ) treat default as a criminal offence punishable with a jail term.
  • In the United States, apart from child support or taxes, default is not a crime. However, in many states evading collection attempts once a debt has progressed to litigation (usually by not showing up for hearings or failing to submit requested documents to the court) can lead to a criminal contempt charge, fines and a jail term.

If either situation applies, you are inadmissible and will need to go through the standard rehabilitation procedure prior to travelling to Canada. In addition to the requisite time requirement, you will also need to show that the debt in question is paid in full or satisfactory arrangements are in place to pay it.

Other concerns [ edit ]

Besides a criminal record, CIC lists a host of other situations that may prevent admission into Canada. While most of these shouldn't be an issue for the average traveller (e.g. previously deported, human rights violations, involvement with terrorism or organized crime), there are a few that do occasionally complicate or bar entry for visitors:

  • Business travellers are required by law to present a letter of introduction on corporate letterhead to immigration on arrival. The letter must follow a standardized format specified by CIC and contain a statement of financial support. CBSA is very serious about this requirement and refusals for not having a letter are common.
  • If visiting friends or family, you are not officially required to have a letter of introduction, although having something in writing (even an informal e-mail) from your host with their contact information is helpful, should immigration decide to verify your story.
  • Tourists should be prepared to provide details about their itinerary - places of interest, hotels that will be stayed in, etc. Having this information (including addresses and phone numbers for hotels) printed out ahead of time is strongly advised.
  • All visitors may be asked to show that they have confirmed travel arrangements for departing Canada, as well as "binding ties" to their country of origin or residence (such as a family, job or university studies to return to).
  • It's possible to overcome a medical refusal by obtaining an exam from a nominated physician and have them certify that you will not burden the healthcare system. If this applies to you, the immigration officer will give you the required paperwork along with further instructions.
  • Obtaining medical insurance that will cover you in Canada, while good advice for all, may especially help in borderline cases.
  • For Western tourists, a valid major credit card (not a debit, ATM, or bank card - which may not even work in Canada) usually satisfies this requirement.
  • If you do not have a credit card, a recent bank statement or pay-stub is also acceptable.
  • have health, financial, or credit problems - your admissibility is unaffected.
  • have a criminal record - you may be found inadmissible, although in practice this almost never happens unless your relative's crime made national news headlines.
  • are a human rights violator or a known member of an organized crime, terrorist, or hate group - you're inadmissible, call a lawyer.

As a general rule, admissibility and rehabilitation decisions cannot be appealed beyond a supervisory review at the visa office or border. The only exception is if you can prove the decision was based on wrong information (for example you were acquitted of a crime, but that fact was never properly recorded.) That being said, you are usually allowed to apply again once any specific issues relating to a refusal have been corrected, once the requisite time has passed for rehabilitation, or one year after being denied rehabilitation.

Exception for British Citizens [ edit ]

Citizens of the United Kingdom who have convictions considered "spent" under the 1974 Rehabilitation of Offenders Act do not have to apply for "rehabilitation", as they are automatically pardoned under the 1991 Federal Court of Appeals case [dead link] Canada (Minister of Employment and Immigration) v. Burgon, [1991] due to the similarity of the two countries' legal systems. Guidance issued to border officers in the ENF14 /OP 19 Criminal Rehabilitation Manual specifies: "the UK Rehabilitation of Offenders Act automatically pardons eligible individuals without the person having to apply [for Rehabilitation], if the person has been sentenced to a term of imprisonment of less than 30 months" . However, some exceptions to this rule have been witnessed.

Chile [ edit ]

No questions related to criminal history in the visa application .

Cuba [ edit ]

Nationals of a few countries get in visa-free, but almost everyone else can enter on a tourist card [dead link] (effectively a simple visa) where you're asked about little more than your name, birth date and passport data.

Dominican Republic [ edit ]

A considerable number of nationalities including virtually all first world and Western Hemisphere countries can get in visa free (purchase of tourist card is needed). Visa applications [dead link] have no questions related to criminal history.

Mexico [ edit ]

There aren't any questions about a criminal record in the Mexican visa application , nor in the FMM (arrival card).

If your passport reveals a criminal record when scanned, however, you may be denied entrance to the country.

Peru [ edit ]

In general, visitors from the Americas, Europe, Oceania and some Asian countries get in without a visa. On the migration card there aren't any questions related to criminal history, neither is there on the visa form .

United States [ edit ]

The United States of America is generally very strict with criminal records, no matter how minor or how long ago it has been. They do not have any concept of "spent" or "pardoned" convictions, meaning you must truthfully answer any questions about criminal convictions even if your convictions have been spent or pardoned in your country. For citizens of any country who are eligible for the Visa Waiver Program, being convicted of any crimes, having proceedings pending, or even a previously refused visa makes you ineligible for the visa waiver program! Similarly, Canadian and Bermudian citizens, who ordinarily do not require visas to enter the United States, may be refused entry on the grounds of previous criminal convictions.

There are numerous crimes that render you ineligible to enter the US. The two main categories are:

  • crimes involving moral turpitude, and
  • aggravated felonies.

There is only a loose definition of crimes involving moral turpitude, but generally, it includes crimes that make a person seem untrustworthy, such as fraud or rape, rather than "honest" crimes, like getting into a fistfight. The actual penalty for the conviction does not matter. If you declare a crime involving moral turpitude, then you will probably be deemed 'permanently ineligible to enter the USA'. It is possible to apply for a waiver of permanent ineligibility after a period of time.

Being convicted of an aggravated felony is even worse, though just like crimes involving moral turpitude, these also have a loose definition, therefore the offenses can change over time. This used to include murder and smuggling drugs or guns, and has since been expanded to include things like bribery, human trafficking, and kidnapping people for ransom. There is absolutely no relief, and anyone deported or excluded for this reason cannot enter the U.S. until all court-ordered punishment has been completed and an additional 15 years have elapsed.

Consular staff will interview you to determine the seriousness of your offense and evaluate evidence of rehabilitation. Once granted a waiver, you can obtain a visa (usually one year at first). As a holder of a waiver you can expect long delays in secondary processing at the U.S. border, even with a visa in your passport.

An exception to this is "purely political offenses." Since the U.S. has freedom of speech to criticize the government, people from other parts of the world are given a pass on this type of conviction. However, you must report all crimes on the visa forms, and note anything that wouldn't be a crime in the U.S.

Do not attempt to enter the US if you have been previously deported without a proper visa! Doing so is a felony under US law (8 U.S. Code § 1326), and is punishable by up to 2 years in prison, or, in certain circumstances, 20. Do not lie about your convictions when questioned, as chances are they will find out. The US conducts extensive security checks on all visa applicants.

Visa Office Advisory Opinions [ edit ]

US immigration law is extremely complex, and consular officials often issue decisions without time to fully consult the technical issues of a case , before pushing applicants to pursue a waiver. Although officials benefit from the "sovereignty" of not having their finding of the facts legally questioned, if you are denied a visa it is possible to seek a legal review of the decision if you believe the consular official misapplied the law. You or your attorney may request the US Visa Office in Washington study the case and issue an Advisory Opinion [dead link] on the inadmissibility finding. The results of the opinion are binding on the embassy or consulate receiving the advice, and are often shorter (6-8 weeks) than the waiver process (6-18 months) which may not be relevant.

Asia [ edit ]

Cambodia [ edit ].

Visitors from outside Southeast Asia will need a visa, though for almost everyone this is available on arrival. On the visa form there are no questions related to criminal history.

China [ edit ]

Article 21 of the Exit and Entry Administration Law of the People’s Republic of China denies Chinese visas to many kinds of aliens, and Article 25 of the same law bars many kinds of aliens from China, including those "(m)ay endanger China’s national security or interests, or disrupt social and public order, or engage in other illegal or criminal activities". Those who may be affected should consult the nearest Chinese consular offices before travelling.

Entry may also be denied even if the traveller is not prosecuted. This is the case when some Hong Kong travellers who were arrested for public order offences during the protests but not charged in court were denied entry and have their Home Return Permit revoked.

Transit passengers of many countries are allowed a few days in major cities, but other than that almost everyone needs a visa to enter China. In the visa form , you're asked about a criminal record in China or any other country, and you need to give details if you reply yes.

For a work visa, you will need to provide a criminal record check. A certificate from your local (e.g. county-level) jurisdiction will probably be sufficient, but will need to be notarized and apostilled; see Working in China for more.

Hong Kong [ edit ]

Unlike China, few nationalities need more than a passport and a filled in arrival card to get into Hong Kong, where you just need to fill in personal and passport data and where you will stay. Also the visa application has no questions on previous crimes.

There are also no provisions regarding criminal history in the Immigration Ordinance , though it seems that immigration officials have the sole discretion of approving or denying inbound travellers.

India [ edit ]

Virtually everyone needs a visa to enter India, to be applied for electronically. contains questions about previous crimes [dead link] .

Indonesia [ edit ]

Few nationalities need a visa to visit Indonesia, and the arrival card has reportedly been abolished too, so most visitors apparently don't need to declare anything about your past in writing.

Iran [ edit ]

Any arrests or convictions need to be declared and explained when applying for an Iranian visa .

Israel [ edit ]

Nationals of countries in the Americas, Europe and Oceania and a few others can enter visa-free. In the visa form you need to declare that you haven't committed any criminal offence.

Japan [ edit ]

Article 5(1)(iv) of the Immigration Control and Refugee Recognition Act [dead link] prohibits any person who have been sentenced to imprisonment or imprisonment without work for 1 year or more, except for political crimes.

In the Japanese visa application there are several questions related to a criminal history; convictions of a crime in the first place, sentences to imprisonment of a year or more, deportation, drug offenses, prostitution and trafficking of people, in any country. If you can enter with just a passport, you will need to fill in a disembarkation card (like when arriving in many other countries) and there too you need to declare previous convictions.

Macau [ edit ]

Similar to next door Hong Kong, most visitor need a passport and a simple arrival card with things like name, passport number and address in Macau.

However, according to Law 16/2021 , non-local residents who have been sentenced to imprisonment in or outside Macau may be denied entry to Macau.

Malaysia [ edit ]

Having being sentenced to any jail term is one of the things that will get you labeled as a "prohibited person" per section 8 of the Immigration Act 1959/63 . Nevertheless, visitors are not asked about this in the visa application [dead link] , and most nationalities don't need a visa anyway. Disembarkation cards have been abolished.

Nepal [ edit ]

People of almost all nationalities need a visa, but can get it on arrival or online, no crime-related questions asked in the form [dead link] .

Philippines [ edit ]

Most nationalities can get enter the Philippines without a visa. Like most arrival cards, the Philippine doesn't have questions about criminal convictions, neither does the visa form .

However, section 29 of the Philippine Immigration Act prohibits "persons who have been convicted of a crime involving moral turpitude" from entering the Philippines.

Singapore [ edit ]

Like Hong Kong, almost everyone can get in without a visa. The Disembarkation/Embarkation Card visitors need to fill in doesn't have any questions about previous crimes.

However, section 8(3)(d) of the Immigration Act 1959 lists those that have been removed or convicted for a sentence of imprisonment as potential undesirable immigrants, and entry may be refused.

South Korea [ edit ]

Unlike China and Japan, the visa application includes no questions about criminal history. A considerable number of nationalities get in with just a passport and the arrival card doesn't have any such questions.

Taiwan [ edit ]

Article 18 of the Immigration Act allows the government of the Republic of China to bar aliens from Taiwan for not only criminal history anywhere but also for many other reasons, like serious diseases or the risk of endangering national interests, public security, public order. Please consult the nearest Taiwanese consular offices before travel. Trying to enter Taiwan with visa exemption or landing visas may result in being refused entry and asked to apply for advanced visa before reentering Taiwan, or even banned from Taiwan in the worst cases. Even if already admitted into Taiwan, being found indeed inadmissible risks deportation per Article 36 of the Immigration Act .

Thailand [ edit ]

Per the Immigration Act of Thailand B.E. 2522 (1979) , any jail term except for a petty offence, negligence or something excepted by Ministerial Regulations will disqualify you from entry. You don't have to declare this on the visa application form nor on the TM.6 arrival card .

United Arab Emirates [ edit ]

In the UAE visa application you need to declare your profession, and the biggest issue seems to be people coming in to work without a job permit. On the other hand, there aren't questions regarding crimes.

Vietnam [ edit ]

Generally a visa is needed to enter, but some Western European and most nearby countries can get in visa free. No questions about previous crimes in the visa form, except for business visas. .

Europe [ edit ]

Schengen area [ edit ].

The rules for the European Union , specifically the Schengen Area , regarding character concerns are relatively lax. Questions about criminal convictions are not asked when applying for a Schengen visitor/business visa and border agents (there are no landing cards for data entry) usually don't ask any questions about this either.

If any officials or forms ask you if you have a criminal history you still have to answer truthfully but, in general, if it's not more than 3 years of imprisonment, or crimes involving alien smuggling or drug offences that resulted in more than 2 years of imprisonment, then they will not refuse you entry or a visa on those grounds. Countries like Germany do have specific rules that state anyone convicted of an offence relating to public order with a sentence of more than 3 years, a drug offence with a sentence of more than 2 years, and any offence related to alien smuggling are subject to deportation. Like the UK, they are more concerned with offences committed in their country, rather than outside of the EU. Do not lie in any visa application or when answering questions to officials, because in Germany this lie will mean you can then be deported. Not all countries have the same rule regarding character concerns, so some EU countries may be more lax, however Germany is known to be a rather strict country so it is a good guideline on rules for the EU.

In Schengen visa applications , there doesn't seem to be a question about any criminal past. Nevertheless, this might come up in a visa interview, and the ETIAS [dead link] system which is going to be implemented early 2021 for visa-free visitors to the Schengen area (similar to for example the American ESTA) reportedly will include background checks with questions related to criminal records, deportations and such by Frontex .

Ireland [ edit ]

Citizens of most countries in Europe and the Americas and a few countries elsewhere in the Eastern Hemisphere can get in visa free. No crime-related questions in the visa form .

Russia [ edit ]

The shorter variant of the Russian visa application form [dead link] is applicable to most nationalities who need a visa, and there applicants are just asked about their planned trip, current employer and relatives in Russia. The more extensive form [dead link] is for UK, US, Canadian, Australian and Georgian citizens and there applicants have to report former arrests and convictions among others. According to the visa form replying in affirmative to such questions don't automatically mean you don't get a visa but you may have to go to the consulate for an interview.

Turkey [ edit ]

On the Turkish visa form there are no questions about criminal history, other than having being deported from Turkey. People that are deemed to pose a public order, security or health risk can be refused entry. [dead link]

Ukraine [ edit ]

Nationals of most first world countries (but not Australia and New Zealand), countries from the former CIS and some Latin American countries are allowed in visa-free, the rest need to apply for a visa (e-visa for most Latin American and many Asian countries). The visa form [dead link] doesn't include crime-related questions.

United Kingdom [ edit ]

travel overseas criminal record

Character requirements for the United Kingdom are considerably stricter than that of the Schengen area.

The United Kingdom has a concept of "spent" convictions - this act has recently been updated so check these: application forms [dead link] . Immigration officers wishing to exclude or remove someone on the basis of a criminal conviction must prove that the offence is not spent and therefore the person is not rehabilitated. A conviction is "spent" if more than 10 years has passed since imprisonment (if any) between 6 and 30 months. Any imprisonment over 30 months cannot ever be spent and therefore will always count against you. Imprisonment of less than 6 months or fines have an even shorter rehabilitation period (around 5 years or less).

The immigration officer wishing to deport you, or refuse entry on the basis of criminal conviction must prove that your convictions have not been "spent". The burden of proof is on them, not you, so if you were refused entry due to a criminal conviction chances are your offence is not spent. If the offence is spent, then you don't even have to tell them about it and they cannot use it against you even if they do know. For consecutive prison sentences the rehabilitation period would begin at the time you were last in prison, unless the sentence is over 30 months.

Oceania [ edit ]

Australia and new zealand [ edit ].

These countries are rather strict regarding character concerns but Australia specifically says "in the last 10 years" on entry literature since Commonwealth of Australia legislation specifically regards as "spent" [dead link] convictions that are more than 10 years old (you also should not have been sentenced to imprisonment for more than 30 months and you've not re-offended (even in a minor way) during the 10 year (5 years for juvenile offenders) waiting period and a statutory or regulatory exclusion does not apply. For an Australian work visa, you'll need to get a background check from every country you've lived in for 12 months or more during the past ten years.

While New Zealand does have a clean slate scheme, immigration is specifically excluded from the scheme. That means when applying for a visa or entering New Zealand, you must declare your full criminal record including all spent convictions. Character issues [dead link] can bar you from entering New Zealand. These include having ever being sentenced to a jail term of 5 years or more, or for 12 months or more during the last 10 years. You'll also be refused entry if you've been deported from any country or are deemed likely to commit crimes or otherwise pose a risk if you're let in.

There are already other concerns that are just as strict such as being deported from any country (New Zealand), health concerns like being HIV positive or even having cancer or diabetes, that can result in a visa being denied, entry refusal or deportation.

While citizens of Australia and New Zealand are generally free to travel to each other's countries and stay indefinitely with full-time employment rights, entry may still be denied on the basis of previous criminal convictions.

See also [ edit ]

  • Border crossing
  • Visa trouble

travel overseas criminal record

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Rent2Felons

List of Felon Friendly Countries

Are there any felon friendly countries? what are the best countries for ex felons? If you’re planning an overseas vacation or thinking about moving to another country for a fresh start, make sure your felony won’t ruin your plans. With 195 countries in the world, there’s a wide range of rules and regulations travelers need to follow.

  • Many countries allow short-term visa-free entry to U.S. passport holders and don’t ask for traveler’s criminal background information.
  • Some visa-free counties ask travelers to fill out an entry card on arrival and may ask about criminal convictions.
  • Some visa-free countries require travelers to obtain an Electronic Travel Authorization (ETA) before traveling, which includes a criminal background check.
  • For countries requiring a visa, your felony could block your visa approval, but that’s not always the case.

Always check with an official source before you make any firm plans. You’ll find information on entry and visa requirements on the government website of the country you plan to visit.

Felon Friendly Countries In Europe For Short-Term Visits

Felon Friendly Countries

What countries can you travel to with a felony in Europe? For travel purposes, Europe is divided into two categories. Countries inside the Schengen Area and countries outside the zone.

The Schengen Area currently includes 27 countries. U.S. passport holders enjoy visa-free access to the Schengen Area. Once you’re inside the Schengen Area, you can travel across internal borders without further checks.

Felons can travel freely to any other country in the Schengen Area as long as the total length of stay in the Schengen Area doesn’t exceed 90 days.

European countries that allow felons ; The 27 European countries in the Schengen zone are:

  • Czech Republic
  • Lichtenstein
  • Netherlands
  • Switzerland

Currently, having a criminal record will not result in being refused entry to these countries unless your felony is on the Interpol database and you’re deemed a security risk. Border officials are unlikely to ask you about your criminal record upon your arrival.

In 2024, ETIAS, a new travel authorization system is due to come online. The ETIAS travel authorization is valid for 3 years and allows travel throughout the Schengen Area.

The online ETIAS application asks you to disclose criminal convictions within the last 10 years as part of the approval process.

While having a more recent felony doesn’t mean your ETIAS application will be refused, you won’t receive instant approval through the automated system.

Instead, your application will undergo a manual review. You’ll be contacted if ETIAS needs more information from you, otherwise, you’ll receive an approval or refusal within 96 hours.

ETIAS is concerned with keeping serious criminals who pose a security risk out of the Schengen Area. Most felons will still be able to travel to these European countries once ETIAS is active.

European countries outside the Schengen Area include Ireland, the United Kingdom, Gibraltar, Bulgaria, Romania, and Cyprus.

For short-term visits, felons shouldn’t have any trouble entering Ireland or the United Kingdom, and you’re unlikely to face questions about your criminal history.

Can Felons Obtain Visas For Longer Stays In Europe?

Can Felons Obtain Visas For Longer Stays In Europe?

If you need to stay in a European country longer than 90 days or plan to work or study, you’ll need a visa.

Each country has its own requirements, but having a criminal record won’t necessarily mean your visa application will be denied.

The United Kingdom has a strict policy on criminal records for visa applicants. A visa will be refused if the applicant:

  • Is the subject of a deportation order
  • Served a prison sentence of at least 4 years for a single offense
  • Served a prison sentence of between 12 months and 4 years, unless 10 years have passed since the completion of the sentence
  • Served a prison sentence of less than 12 months, unless 5 years have passed since completion of the sentence.

Germany is another country with strict visa rules. Germany doesn’t issue visas to applicants with a felony for a public order offense resulting in a prison sentence of 3 or more years, or a drug offense resulting in a prison sentence of 2 or more years.

Check the visa requirements for the country you want to enter to find out if your felony and the age of your offense make you ineligible for a visa.

Countries Felons Can Visit Visa Free In the Rest of The World

What countries can felons travel to without applying for a visa? Your U.S. passport allows you to enjoy the freedom of visa-free travel to 148 nations. Because you don’t need to apply for a visa, you’re unlikely to face entry restrictions unless your felony has been entered into Interpol’s database.

  • Some of these countries require travelers to obtain an Electronic Travel Approval in advance. ETA applications ask about criminal convictions, and you may be instructed to apply for a visitor visa because of your felony.
  • Other countries on this list may ask you to fill out a landing or entry card. Depending on the country, you could be asked to disclose criminal convictions.

Keep in mind that some offenses are included on Interpol’s database which is accessible to immigration officials when they scan your passport.

Canada is the only country on the list below with direct access to the NCIC database which holds information about state and federal criminal offenses in the United States.

If you want to visit Canada, you’ll need to make special arrangements before you travel and you must meet certain conditions before you enter Canada (see below).

We’ve already covered visa-free travel to Europe, so here are the other countries you can visit without a visa for short trips.

  • American Samoa
  • Antigua and Barbuda
  • Bosnia & Herzegovina
  • British Virgin Islands
  • Caribbean Netherlands
  • Cayman Islands
  • Central African Republic
  • Cook Islands
  • Dominican Republic
  • El Salvador
  • Falkland Islands
  • Faroe Islands
  • French Guiana
  • French Polynesia
  • French West Indies
  • Marshall Islands
  • New Caledonia
  • New Zealand
  • North Macedonia
  • Northern Mariana Islands
  • Philippines
  • Puerto Rico
  • São Tomé and Príncipe
  • South Africa
  • South Korea
  • Saint Kitts and Nevis
  • Saint Lucia
  • Saint Martin
  • Saint Vincent and the Grenadines
  • Trinidad and Tobago
  • Turks and Caicos Islands
  • United States Virgin Islands
  • United Arab Emirates
  • Vatican City

If your trip isn’t eligible for visa-free travel, you’ll need to apply for a visa. Visa applications typically ask about criminal convictions and you may need to provide a police or court record to document your conviction and confirm you served your sentence.

Each country has its own rules on issuing visas to convicted criminals. Check the immigration website for the country concerned to find out which restrictions apply.

Traveling To Canada With A Felony

Canadian immigration officials have direct access to the National Crime Information Center (NCIC) database.

Any felon trying to enter Canada will be refused entry at the border. Felons must have prior entry approval from the Canadian government using one of the following methods.

  • A Canada Temporary Resident Permit ( TRP ) allows entry for a specific period if you have a valid reason for traveling to Canada and meet the eligibility conditions.
  • Canadian Criminal Rehabilitation is available to felons who completed all sentencing requirements at least five years earlier. Rehabilitation approval takes at least one year. Once you’ve been given confirmation of approval, you will no longer face any issues at the Canadian border because of your felony.

Countries That Don’t Allow Felons

The following countries don’t allow felons to visit for tourism or other purposes:

Other countries may refuse your visa application if you don’t meet their eligibility requirements.

Because U.S. passport holders enjoy visa-free travel to so many countries, there’s a good chance that you won’t be asked about your felony when you arrive in one of those countries.

Before you travel, check the government website of the country you want to visit to find out if you need to complete an entry card on arrival or obtain an ETA in advance.

These countries are more likely to ask about your criminal history, although they may only refuse entry for serious offenses.

If you’re traveling to a country that doesn’t offer visa-free travel, or you require a visa because of the length of your stay or the purpose of your trip, you should expect the visa application to ask about criminal convictions. Depending on the immigration policy, your felony may result in a visa refusal.

See Also: The Most Common Felonies .

travel overseas criminal record

Charles Greg is the Co-Founder, Author, & Head Developer behind RentingtoFelons.org With a lifelong passion for humanity.

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travel overseas criminal record

Navigating the landscape of travel restrictions can be a daunting task for anyone, let alone someone carrying the weight of a criminal record. The goal of this post is to demystify the complications surrounding the rules and regulations imposed on convicted felons wishing to travel, and to provide a comprehensive guide to domestic and international travel possibilities for this demographic.

Throughout this post, we will delve into the rationale behind these restrictions, dissect the travel limitations within the United States, explore international opportunities, discuss the passport process, and share successful travel stories from individuals managing the challenge posed by their criminal records.

Understanding Restrictions for Those with a Criminal Record

In various countries across the globe, individuals with criminal records face certain travel restrictions. These limitations exist due to an array of legal measures and safety precautions taken by nations to protect their citizens and maintain order. The purpose of these travel restrictions typically revolves around national security, safety, and public order. National governments have the right and responsibility to determine who can enter and remain within their borders. Therefore, factors like a person’s criminal record may drastically influence these decisions.

Certain countries possess strict policies regarding felon travel, primarily rooted in international and national law. However, the specifics of these restrictions often depend on a variety of factors, including the severity of the crime, time since the conviction, and the individual’s behavior since their conviction. These limitations vary from nation to nation and are enforced at the discretion of each country’s immigration officers.

How Do Travel Restrictions Work?

Travel restrictions for convicted felons largely depend on the country they wish to visit. Various nations have specific laws and regulations pertaining to felons and their ability to cross borders. These rules hinge on the nature of the crimes committed, the punishment received, and how long ago the felon completed their sentence.

For example, countries with particularly stringent immigration laws, like the United States and Canada, may deny entry to individuals with certain types of criminal convictions. However, other countries like Mexico and the Caribbean nations may be less strict, allowing convicted felons entry provided they’ve completed their sentence and comply with other immigration regulations.

In numerous cases, felons are required to apply for a visa to gain entry into a foreign country. The visa application process often includes questions regarding the applicant’s criminal history. A conviction doesn’t necessarily lead to automatic disqualification, but it could complicate the process and possibly result in denial.

Traveling with a Felony: Where Can Convicted Felons Travel To?

The world is not completely closed off to those with criminal records. However, convicted felons in particular, need to comprehend and comply with the distinct immigration rules and regulations of each country. Regions such as Southeast Asia, Central and South America, Africa, and the Middle East typically have less stringent travel restrictions for felons.

Although the United States and Canada may impose restrictions on felons, Mexico and other nations such as Colombia, Ecuador, Peru, and Costa Rica have more lenient laws. Southeast Asian regions like Thailand, Cambodia, and the Philippines also generally permit travel for those with criminal records.

However, European travel throws up more hurdles. In the Schengen Area, which comprises 26 European countries, U.S. citizens usually can roam visa-free for up to 90 days. Yet, a criminal record might obstruct this privilege. Thus, it is crucial for felons to review the specific rules for each country in the Schengen Area.

While it can be a daunting task to decipher these diverse restrictions, appropriate research and strategic planning can open up several opportunities for convicted felons wishing to venture abroad. Because policies can fluctuate, it is crucial to stay updated with the current laws and requirements of each country when planning travel.

travel overseas criminal record

Traveling Within the United States

Charting the homeland: u.s. domestic travel guidelines for convicted felons.

Unlike international restrictions, there’s no explicit prohibition in the United States limiting domestic travel for convicted felons. There are few overt hindrances, but certain laws and regulations associated with an individual’s parole or probation terms can restrict their freedom to move. Often, these conditions specify that felons must stay within a particular location, usually their home county or state, unless authorized by their parole or probation officer to journey elsewhere.

Moreover, each state maintains distinct laws on whether felons are granted restoration of rights, like voting or weapon possession. Consequently, relocating or journeying to a different state does not automatically alter a felon’s legal status. Unexpected legal complications could arise if they breach specific laws tied to their conviction in the state they are visiting.

Understanding State-to-State Variation in Laws

The United States has a federal system of government where power is divided between the federal government and state governments. This means that criminal laws can vary significantly from state to state. While some crimes, such as major drug offenses, are illegal everywhere in the U.S., other legal areas, such as gun laws, drastically differ depending on the state. It’s essential for the felons to thoroughly understand these varying laws between states.

For example, in states like Arizona and Florida, felons’ rights, including the right to vote and the right to own guns, are restored after a specific duration post-incarceration. At the same time, other states like Iowa or Alabama impose more stringent rules on when and how a convict may regain these rights.

International Travel: Restrictions and Opportunities for Convicted Felons

When it comes to international travel, it directly depends on the regulations of the specific country a convicted felon is planning to visit. Some countries, like Canada, are known to have stringent regulations in place that may prevent felons from entry. However, countries such as Mexico or Europe’s Schengen area do not have any specific regulations barring entry to felons.

Most countries conduct a background check at the time of visa application or on arrival. The decision to allow entrance is mostly at the discretion of border control officials. The type of crime committed too affects the decision: violent crimes, drug-related offenses, and crimes involving children can lead to denial more frequently. Convicted felons are encouraged to conduct specific research into their desired destination’s entry requirements, or via the U.S. Department of State’s website, before making travel plans.

Understanding Passport Eligibility for Convicted Felons

All U.S. citizens, felons included, generally have the right to apply for and receive a U.S. passport. There are, however, certain exceptions to this rule. For instance, felons who have been convicted of international drug trafficking or owe child support debts that exceed $2,500 may encounter barriers in obtaining a passport. It’s also important to note that possessing a U.S. passport does not automatically grant entry to other countries. Each country enforces its own set of immigration laws and entry regulations, which felons must comply with.

International Travel for Convicted Felons

Navigating international travel as a convicted felon: a broad overview.

Policies on admitting visitors with a criminal history vary from one country to another. A significant number of countries do not impose any regulations that specifically deny entry to convicted felons. Conversely, there are countries that implement stringent immigration policies and may refuse entry to individuals based on the nature of their criminal conviction .

Entering Canada with a Criminal Record

Canada is one country that imposes strict regulations on travelers with a criminal record. Even minor offenses can result in an individual being denied entry. For a felon to be considered “rehabilitated,” a certain period of time must have passed since the completion of the imprisonment sentence. This period can be either 5 or 10 years, depending on the crime. In some cases, an individual might apply for criminal rehabilitation to gain entry, which constitutes a lengthy and complicated process. Even then, approval is not guaranteed.

European Union’s Policy on Convicted Felon

The European Union typically does not restrict travel for individuals with a criminal record as long as they have the necessary documentation. This includes convicted felons from the United States. To travel to the Schengen Area, Americans generally only need a passport that is valid for at least three months beyond the intended stay. However, starting in 2022, American travelers must apply for an ETIAS visa waiver to enter Schengen Area countries.

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travel overseas criminal record

Australia’s Entry Requirements

Australia also has stringent entry requirements for travelers with a criminal record. The country may refuse visa application or can deny entry upon arrival if a person has a substantial criminal record. This is generally defined as a sentence of 12 months or more in prison, multiple sentences that aggregate to more than 2 years, or a sentence for an offense that involves immigration detention, idleness, or escaping from detention.

Countries with Relaxed Entry Requirements

Some countries, like Mexico, the Caribbean, and most Central and South American countries, often do not have strict restrictions for tourists with a criminal background, unless the crime was committed within their borders or was drug- or terrorism-related. Similarly, many African and Asian countries do not have strict entrance policies for individuals with criminal records.

Deportation and Criminal Records

Certain countries, like the United States, have significantly stringent immigration laws. They may deport non-citizens, including green card holders, if they commit certain crimes, irrespective of their sentence length. Knowing the immigration and visa policies of a country before planning a trip is undoubtedly crucial in these circumstances.

The Big Picture

Navigating international travel as a convicted felon can often seem like a daunting challenge. It’s a process that commands comprehensive research, planning, and often, legal guidance. An understanding of specific travel restrictions for different countries and the kind of documentation required is crucial. It’s also important to remember, dishonesty or misinformation on visa applications can lead to serious legal repercussions.

The Process of Obtaining a Passport

Applying for a passport: convicted felons.

Contrary to popular belief, the process to apply for a passport for convicted felons in the United States isn’t very different from that of other citizens. It involves completing the DS-11 form, presenting proof of U.S. citizenship, an identification card, and a recent passport photo. Nonetheless, felons should be prepared to face some additional scrutiny during the review stage of their application.

travel overseas criminal record

Eligibility Restrictions due to Criminal Convictions

Felons must understand that certain crimes may automatically disqualify them from obtaining a passport. These include international drug trafficking offenses or owing more than $5,000 in child support payments. The clause 22 U.S.C. 2714 also considers individuals convicted of a felony involving crossing international borders ineligible for a passport.

On the other hand, other lesser offenses might not necessarily restrict eligibility. It largely depends on the specific circumstances surrounding the criminal conviction and whether or not a court order specifically forbids international travel.

Improving Chances of Successful Application

For felons, there are ways to potentially improve the chances of obtaining a passport. The most effective way is to apply for the passport once off probation or parole, as these circumstances themselves might restrict international travel.

Moreover, demonstrating good behavior post-conviction, keeping a clean record, and showing evidence of rehabilitation might help. However, note that the final judgment solely rests upon the discretion of the passport authority.

Understanding International Travel as a Convicted Felon

Exploring the globe as a convicted felon can hinge upon specific immigration laws unique to each country. For instance, traveling to Canada may present challenges as they often deny entry to individuals with certain offenses, including DUIs.

Conversely, more accommodating nations such as Mexico, Costa Rica, and Ecuador are relatively lenient towards those with prior criminal records. However, it’s noteworthy that some countries utilize the Interpol database for screening travelers’ criminal backgrounds which might include yours.

Regardless, it’s imperative that felons familiarize themselves with the specific entry policies of the prospective destination before committing to travel plans. One way to do this is by reaching out to local embassies or reviewing the travel advisories put forth by the U.S. Department of State.

It’s crucial to remember that even with a passport, entry into foreign territories is not guaranteed. Ultimately, it’s the immigration authorities of the host country who conduct a background check upon arrival and decide whether to grant or deny entry.

Some Successful Travel stories of Convicted Felons – Get Inspired

Personal account: overcoming barriers to international travel post-conviction.

Inspiring tales from past felony offenders illustrate that global travel is not an impossibility. One such instance is Carlos, a former drug dealer who turned his life around to become a motivational speaker. Post incarceration, he was driven by a strong urge to travel to South America, specifically targeting Brazil and Argentina.

To his surprise, he found both Brazil and Argentina to have welcoming approaches towards travelers with a criminal past. He credits his successful journey to the diligent fulfillment of all visa prerequisites and advocating honesty during immigration questioning. Carlos’s experience shines as a guiding light for other ex-convicts inspired to tread the travel path.

Asia: An Accessible Destination

Tim, who once served time for financial fraud, now thrives as an entrepreneur. His global business demands frequent travel, especially to Asian countries. With thorough research and careful planning, Tim learned that countries like Japan and Thailand do not outrightly prohibit travelers with a criminal record. It’s important to remember, however, that strict visa procedures and rigorous immigration checks are still in place. Convicted felons are encouraged to ascertain the immigration rules of their desired destination before traveling.

Expungement and Canada: A Fresh Start

The case of Linda is particularly enlightening. Despite having a felony conviction for embezzlement, Linda was able to travel to Canada, a country known for its stringent immigration laws concerning convicted felons. This was made possible through the expungement of her criminal record, allowing her to visit Canada without restrictions. This is a great reminder for felons to consider the legal resources available to them, including expungement and pardons, depending on the jurisdiction, to ease their travel.

Travelling to Europe: Awareness and Preparation

Mike’s story provides hope for convicted felons wishing to travel to Europe. Mike was convicted on assault charges, but his dream was to travel to Italy and France after serving his time. He found out that the European nations under the Schengen agreement, including Italy and France, have no explicit rules against admitting tourists with criminal records. However, Mike emphasizes the importance of honesty and awareness – travelers must be prepared to declare any past convictions if asked at the border control.

These stories represent just a few examples of convicted felons making successful trips abroad.

The common thread in every story is the need for diligent preparation, thorough research, honesty, and patience. Remember, each country has its individual immigration rules and regulations. Consulting with a legal expert before planning a trip can help avoid potential disappointments and legal infringes, ensuring a smooth and enjoyable travel experience.

Overcoming travel restrictions as a convicted felon undoubtedly presents a significant challenge. However, it’s crucial to remember that the path towards exploration isn’t entirely blocked. Understanding the rules, both domestic and international, coupled with patience and perseverance, can pave the way towards expanding one’s horizons. The takeaways and stories shared throughout this discussion are testament to the possibilities that lie ahead. It’s a journey of knowledge, hope, and resilience.

-The Educated Felon

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Wrong. If you committed any crime causing you to go to jail, Japan does not allow entry.

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Can Green Card Holders with a Record Travel Out of the U.S.? 

Corbaci law, p.c. jan. 18, 2023.

Airplane Flying Against American Flag

Our immigration attorneys at Corbaci Law, P.C., can address your questions regarding international travel if you are a green card holder. We can help guide you through the process and ensure that all necessary paperwork is completed properly before attempting to leave the U.S. while holding a green card with a criminal record attached. With offices in Marlborough and Woburn, Massachusetts, we serve the needs of immigrants and green card holders throughout the Commonwealth of Massachusetts, including Framingham and Boston.  

Can I Travel Outside the U.S. If I’m a Green Card Holder But I Have a Conviction?  

Traveling abroad can be an exciting experience, but for green card holders with a criminal record, there are additional considerations when planning international trips. 

Your best bet is to research each country’s laws regarding entry with a criminal conviction before making any plans to leave the U.S. with a criminal record. If in doubt, speak with an immigration attorney who can provide more detailed information about your specific case. You should also consider completing all necessary paperwork in advance so that your application for re-entry will be processed quickly and efficiently upon arrival back in the United States.  

Finally, it’s important to remember that people make the mistake of thinking that because they got away with it once, they are safe to do it again. That isn’t necessarily true. Always consult with an immigration attorney prior to traveling abroad if there is any concern about criminal convictions on your record.   

What Can Happen?  

The consequences of traveling abroad with a criminal conviction can be serious and should not be taken lightly. Depending on where you plan to travel, you could face significant delays in processing, deportation, and even arrest upon re-entry into the United States. In addition, some countries may refuse entry based solely on the fact that you have a criminal record—even if it is a minor offense such as DUI or shoplifting. Even if you can leave the U.S., you may be deemed inadmissible to return to the U.S. when attempting to re-enter the country.  

Can the Court Grant You Permission to Travel With a Conviction?  

If you are a green card holder who has been convicted of an offense that could lead to deportation, then it is possible to ask the court for permission to travel outside of the U.S., but it is not guaranteed. You may be able to receive a waiver or relief in removal proceedings for that offense, depending on your individual circumstances and the nature of your crime. However, if you leave without permission from the court, your green card will automatically be considered abandoned, and you may not be allowed back into the country. 

What May Make Me Inadmissible for Re-Entry?  

Even if you do receive permission from the court to travel outside of the U.S., there are certain factors that could make you inadmissible for re-entry into this country if you leave as a green card holder. These include but are not limited to:  

participating in activities deemed dangerous or irresponsible by U.S. law;  

engaging in terrorist activities;  

being convicted of drug trafficking offenses;  

being convicted of serious crimes such as murder; and  

having committed fraud or misrepresentation when applying for entry into this country.  

Additionally, any individuals who have been deported within five years cannot enter without special authorization from USCIS (United States Citizenship and Immigration Services). 

Speak With an Experienced Attorney  

With careful preparation and attention to detail, green card holders can enjoy their travels without fear of legal repercussions upon re-entry into the country. However, before you leave the U.S., it is essential to speak with an experienced and knowledgeable attorney. Reach out to our immigration attorneys at Corbaci Law, P.C., today to discuss your unique case and determine whether or not you can travel outside the U.S. or should stay in the country.

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Traveling Abroad With A Criminal Conviction

travel overseas criminal record

28 Apr Traveling Abroad With A Criminal Conviction

You’ve completed your period of supervised release, and your parole officer has just handed you a slip of paper along with your passport. It has been a hard road — from the arrest to all the pretrial activity, pleading and sentencing to the incarceration. Now here you are, several years older but still alive with a US passport in your hands. And you’d like nothing more than to celebrate your newfound freedom by taking a trip to a foreign country. This is especially important for many justice-impacted people who had to surrender their passports upon arrest and have had restrictions on their movement since that day, often even within the United States.

So, you go online, find a foreign destination you like and book plane tickets and a hotel room. The day arrives and you catch your flight to the foreign country of your choice. All seems good in the world, until you arrive at passport control in your destination. The officer takes your passport, examines it and then calls for a supervisor.

After a few anxious minutes, you hear the words everyone with a criminal conviction record dreads: “I’m sorry, we cannot admit you to our country because you have a criminal record. Please come with us so we can secure your luggage and get you on the next plane back to America. We apologize for the inconvenience. But our nation does not admit people who have a criminal conviction. You will have to pay for your return plane ticket.”

And that’s it. You have been refused entry on the basis of your conviction. Unfortunately, this story is a far too common one when it comes to traveling abroad with a criminal conviction.

The Origin Of The Problem Of Traveling Abroad With A Criminal Conviction

Before the terrorist attacks of 9/11 and the advent of criminal records availability on the Internet, the issue of crossing international borders as a justice-impacted person was largely theoretical. Unless there was an outstanding warrant for your arrest that had been filed with INTERPOL, it was highly unlikely that the folks at passport control at your foreign destination would even know that you were traveling abroad with a criminal conviction. The only time this might come up is if you decided to change your status in the country from tourist to nonresident alien or immigrant. This move would likely trigger the need for a criminal background check.

All of this changed with 9/11. Suddenly, the United States got serious about criminal background checks on foreign nationals entering the country. This was in conjunction with the increasing enforcement of the No Fly List, as well as the sharing of intelligence between the USA and a number of allies. And, as expected, many nations reciprocated by starting to look into the backgrounds of Americans entering their countries, often turning away many justice-impacted people who would have been able to enter without too much hassle just a few years earlier. As a result, there are now a number of countries that justice-impacted people will find it difficult to enter.

travel overseas criminal record

Nations That Can Be Off Limits To Americans With Criminal Justice Issues

Each nation has the absolute right to determine who can and cannot enter its country for any reason or no reason at all. However, most try not to limit entry since it is bad for business, both tourism and trade. As a result, most countries allow foreigners in as simple tourists with little or no hassle, as long as they aren’t a threat either to commit crimes, import drugs or stay there illegally. However, if you have a criminal conviction in your record, there are some countries that make traveling abroad difficult if not impossible.

Europe and the United Kingdom

The United Kingdom is one of the few European nations that restrict entry for justice-impacted individuals. In general, if you were convicted of a crime punishable by 23 months or more under British law or served more than 12 months in prison, you will likely be denied entry. While entry clearance officers at UK airports and other points of entry don’t have access to criminal records from foreign governments like the United States, it does seem like an unusually big risk to take, especially considering the cost of airfare to the UK and the length of flight.

Still, there are ways around this. If your sentence was less than 12 months long, then it will not be taken into consideration if five years have passed since your sentencing. Similarly, if you served four years or less, then the waiting period is ten years from the date of sentence. If you served longer than four years, then your only option is to apply for a standard visitor’s visa to the UK. While American citizens normally don’t have to apply for a visa to visit the UK as a tourist, those with convictions may have to take this step to ensure entry.

For the rest of Europe , you shouldn’t have any trouble gaining entry, especially for those nations that are members of the European Union and signatories to the Schengen Agreement, which created open borders across most of the continent. There are some small exceptions. Italy will allow entry, but requires that you obtain a dichiarazione di presenza (“declaration of presence”) upon arrival. Germany specifically excludes anyone with a conviction for crimes involving drugs or human trafficking. Also, Sweden requires that you obtain an entry visa before arrival.

Canada takes a similar approach to the UK. If you have a felony or misdemeanor conviction, then Canada can deny you entry. The Great White North is especially strict about driving while intoxicated. DWIs became an issue during the 2000 Presidential Campaign, since George W. Bush has an arrest record for DWI. However, Canada gave President Bush a special entry waiver. This allowed him to attend international conferences in Canada while serving as US President. In addition, Canada and the US share arrest information. So, the Canadians at the border entry post will get any criminal conviction records simply by checking your passport.

Still, Canada does provide some relief for justice-impacted individuals. If your crime is punishable by less than 10 years of incarceration under Canadian law, then you will be deemed rehabilitated under Canadian law with the passage of five or ten years, depending on the circumstances of your conviction. In addition, if you would like to visit Canada before then, you can apply for a Temporary Resident Permit. This will set you back several hundred dollars. But it is still less expensive than the amount you will pay on gas or airfare only to find out that you are not welcome in our northern neighbor.

Caribbean and the Americas

If you like sun and sand, then you will be happy to know that most Caribbean nations have no restrictions for justice-impacted people who have completed their sentence, including any period of community supervision, such as probation, parole or supervised release. The only exception is Jamaica, which specifically excludes anyone with a felony conviction. However, officials do not enforce this restriction if five years have passed since your date of last conviction.

The other nations of Central and South America have similar policies, allowing people in regardless of having a criminal conviction record. The only countries where this may prove a problem are Bolivia and Paraguay, which require that you obtain an entry visa before you arrive in the country. The issue may come up on the visa application. So, you should be aware ahead of time to have all of your documentation on your conviction and completion of any periods of incarceration and supervised release ready before applying.

Currently, none of the nations of Africa restrict entry for Americans with records of criminal conviction. Still, some African countries require Americans to obtain a visa before arrival. So, you should check on the embassy website for the country you plan to visit before you leave on your trip.

travel overseas criminal record

Some of the nations of Asia have the most restrictive entry criteria for visitors, even those planning to arrive as tourists. For example, Russia requires an entry visa and will bar entry on the basis of a felony conviction. The visa application includes a question about felony convictions. And Russia can and will punish visitors who have lied on their applications. The People’s Republic of China also follows the same procedure as Russia, barring entry to those who have a criminal conviction record.

Japan is a little more lenient than Russia or China. Like those countries, it asks if you have ever been convicted of a crime. But it will permit entry if you were sentenced to less than one year for a crime that doesn’t involve drugs. If you served longer than one year, you may need to contact the Japanese Consulate to get an entry visa waiver.

A similar situation exists with India, which does not specially exclude justice-impacted people. But India does require Americans to obtain an entry visa before arriving in the country.

Australia requires entrants to pass a character test. This denies entry to people who are determined to have a “substantial criminal record” under the test. Unfortunately, this has been defined as anyone who has ever been sentenced to at least 12 months in prison.

If this is the case, then you cannot apply for a standard Australian ETA visa. Instead, you may need to go through a more restrictive entry visa process. A great deal will depend on the amount of time that has passed since your conviction. The rule of thumb is usually at least 10 years. However, if your conviction involves drug trafficking, then you may be denied entry regardless of the amount of time that has passed since the date of your conviction.

Israel states quite clearly that its border control has the absolute authority to deny entry to anyone convicted of a crime in any country, as well as anyone who is a suspect or accused of committing a crime, and those whom border control thinks will endanger public safety. However, the Israeli border authority has limited access to public arrest and conviction records from other countries. As a practical matter, the main concern of Israel is terrorism. So, anyone on a No Fly List or who has an open warrant with INTERPOL will be denied entry.

I recently returned from a vacation in Israel, and noticed that they do have a little quirk in their system. Unlike other countries that stamp your passport upon entry, Israel issues a temporary visa card for tourists with a clear statement that the entrant may not work. It gives you three months to stay in the country. This is a little slip of paper that you must keep with your passport at all times. The reason why Israel doesn’t stamp passports goes back to the illegal boycott of the Jewish State instituted by the Arab League in 1948. Historically, holders of passports with Israeli entry stamps can run into problems entering countries that participate in the boycott. So, by giving a slip of paper instead, there is no record of the passport holder ever entering Israel.

Welcome to the World!

As you can see, having a criminal conviction record can keep you from traveling abroad to a number of countries. Entry into the UK, Canada, Australia, Jamaica, Japan and Israel is not guaranteed. Yet there are steps you can take to visit these nations as a tourist. It may just entail a little more legwork, and an additional cost or expense. Other countries like China and Russia may be more difficult; although, in the case of Russia, entry right now is restricted because of the ongoing war in Ukraine. Unfortunately, the record of a criminal conviction can continue to have an impact on your life long after you have paid your debt to society, including the ability to freely travel around the world.

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Can You Travel Internationally With A Pending Misdemeanor Charge

Can You Travel Internationally With A Pending Misdemeanor Charge

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Are you facing a pending misdemeanor charge and wondering whether or not you can still travel internationally? It’s an important question, yet one that is often difficult to answer. With the right knowledge and understanding of the legal system, however, it isn’t impossible to make international travel plans with a pending criminal charge. In this article, we’ll explore what steps must be taken in order to do so safely and successfully.

The thought of traveling abroad while dealing with a potential criminal conviction can seem daunting; but have no fear! As long as you take the necessary precautions before setting out on your journey, there are several ways to ensure that you will remain within the bounds of both domestic and international law. For starters, it’s wise to consult an experienced attorney who specializes in immigration laws prior to booking flights or making any other arrangements. This way, they can advise you on which countries may allow entry despite having a current criminal record and provide options for obtaining visas if needed.

Finally, keep in mind that even though some countries may accept travelers with pending criminal charges, failing to disclose such information when entering could result in being detained or deported back home – not exactly ideal vacation plans! By taking proactive measures beforehand and staying knowledgeable about local laws wherever you go, however, it is possible to enjoy foreign excursions without worrying about legal repercussions down the road. So let’s dive into how best to prepare for your next trip abroad given any existing criminal matters…

Table of Contents

1. Overview Of Pending Misdemeanor Charges

It’s almost ironic that our subconscious desire for freedom can be hindered by a single misdemeanor charge. Even if the charges are still pending, it’s important to understand how this might impact your ability to travel internationally. After all, who doesn’t want to experience different cultures and explore new places?

Unfortunately, having a pending misdemeanor charge on your record could mean extra paperwork or even denied entry into certain countries. This is why understanding international travel laws related to misdemeanors is so crucial before planning any trips abroad.

To make sure you’re informed about the potential restrictions imposed upon travelers with a criminal history, research each country’s immigration policies beforehand. Additionally, contact an experienced attorney in the field of international law who can answer any questions and provide advice regarding traveling while having a pending misdemeanor charge. With careful preparation and legal guidance, you may be able to secure permission from authorities to cross borders despite existing criminal records – allowing you to fulfill those dreams of exploration without worry.

2. Understanding International Travel Laws

Journeying through the laws of international travel can be tricky. As someone with a pending misdemeanor charge, it’s important to understand what your options are when looking to cross borders. Knowing the restrictions and regulations that apply to you is essential for any successful trip abroad.

First off, it’s critical to comprehend which countries will accept travelers with criminal backgrounds. The United States Department of State offers up-to-date information about entry requirements for each country online; this should always be consulted before booking any flights or accommodations. Depending on the nature of one’s offense, some nations may deny admission entirely while others could impose additional fees or conditions such as getting a visa in advance.

Additionally, researching the laws within a specific destination is crucial too. Some locations might have stricter rules regarding entrance than other areas do; in these cases, individuals must make sure they comply fully with all applicable legislation during their stay. Furthermore, if necessary paperwork has not been completed prior to departure – like obtaining documentation from an embassy or consulate – there may be legal complications that arise during one’s travels.

Navigating foreign shores without knowledge of proper protocol can easily lead astray even the most experienced globetrotter. Taking time out beforehand to explore potential pitfalls and plan accordingly will help ensure that nothing stands between anyone and their much-deserved vacation overseas!

3. Considerations For Traveling With A Pending Misdemeanor Charge

Traveling with a pending misdemeanor charge can be daunting. It’s like walking through a minefield; you never know what kind of trouble awaits. But, if you plan ahead and do your research, you may be able to make it safely across the border.

To start off on the right foot, understanding international travel laws is key. That way, if there are any roadblocks along the way, you’ll have already taken steps to avoid them. Plus, this knowledge could help reduce confusion at the airport or other ports of entry.

When traveling internationally with a pending misdemeanour charge, it’s important to consider all possible issues that might arise before going abroad. Depending on the country and type of offence in question, travelers may face fines or even deportation if they fail to disclose their criminal record when entering another nation. In addition to potential immigration issues, travelers should also check for visa requirements and take out necessary insurance coverage prior to departure.

Having an understanding of these possible hurdles and taking proactive measures will give travelers peace of mind during their journey—allowing them experience new cultures without worry or fear.

4. Potential Immigration Issues

When you are planning an international trip, it’s important to consider the potential immigration issues that may arise due to a pending misdemeanor charge. Depending on where you plan to travel and the details of your case, traveling with a misdemeanor can be complicated or even prohibited in some cases.

It is critical for travelers to understand any visa requirements related to their destination country as these laws vary widely from one place to another. Additionally, if your criminal record has been expunged, there may still be consequences when entering other countries which could include being denied entry into certain areas.

Before attempting international travel with a pending charge, speak with an attorney who specializes in immigration law and discuss all possible scenarios based on your individual situation. Doing so can help you make informed decisions before embarking on your travels abroad and provide peace of mind knowing you will not face unexpected problems while away. With the right preparation, travelers with misdemeanors can enjoy worry-free trips overseas.

Getting through security screening for international travel requires extra time and attention, but is essential for ensuring a safe journey.

5. Security Screening For International Travel

Ah, the thrill of a vacation abroad! To explore new cultures and experience something completely different… But what if you have a pending misdemeanor charge? Is it still possible to travel internationally?

The short answer is yes. However, there are certain security screenings that may need to be navigated before embarking on an international journey. Obtaining visas or other necessary documents can become more complicated when traveling with a pending criminal charge – but don’t fret! It is not impossible.

Your best bet for ensuring a smooth trip is to plan ahead and do your research. Read up on any specific requirements from both your destination country as well as US immigration laws related to felonies or misdemeanors. And lastly, make sure all required documentation such as passports or visas are valid and up-to-date before departure. With adequate preparation and awareness of potential roadblocks, nothing will stand in the way of your exciting getaway overseas!

Being aware of these screening processes is important for anyone considering travelling with a pending misdemeanor charge – but you’re almost ready to make your plans come true! All that’s left now is to learn how best to prepare for the adventure ahead.

6. Preparing For Travel With A Pending Misdemeanor Charge

Traveling internationally with a pending misdemeanor charge can be an intimidating proposition, but it doesn’t have to be. According to the US Department of State, over 9 million Americans travel abroad each year, many of them facing criminal charges. With a bit of preparation and research, anyone in this situation can make their trip worry-free and successful.

First things first – travelers should understand what their rights are when undergoing security screening at airports or other transportation hubs. It’s important to know that most misdemeanors do not trigger additional scrutiny during security screening. However, having any kind of criminal record may mean that extra steps need to be taken before leaving home.

That being said, there are some proactive measures one can take while preparing for international travel with a pending misdemeanor charge. The best thing is to contact a lawyer in advance who specializes in immigration law or criminal justice matters. They will give advice on how to prepare legal documentation for departure and arrival points as well as review all related documents such as visas and passports etcetera. Consulting with an attorney also provides assurance that individuals understand their rights once they arrive at their destination country; knowing these rights ahead of time helps minimize potential issues along the way.

Organizing all necessary paperwork prior to embarking on a journey ensures peace of mind throughout the process – from start to finish!

7. Organizing Legal Documentation

Navigating the world of travel with a pending misdemeanor charge can be tricky. It’s important to know what documents you need in order to prove that your legal situation is under control and won’t create any issues.

Organizing legal documentation may seem daunting, but it doesn’t have to be! Start by gathering together all relevant paperwork related to your case: court summons, dispositions, letters from attorneys or probation officers. This will help demonstrate that you have taken steps towards resolving the issue and are seeking permission for international travel.

Having this information on hand also helps if something unexpected arises during the trip – such as needing to show proof of identity at customs. Keeping everything organized means you’ll be able to answer questions quickly and easily, saving time and worry while traveling abroad. With these details ready, you can begin looking into interpreting travel restrictions and exploring options abroad.

8. Interpreting Travel Restrictions

Ah, the good old days when international travel was a simple task! Nowadays, interpreting travel restrictions for those with pending criminal charges can seem like an overwhelming and daunting challenge. Don’t worry – it’s not impossible! With some research, organization of legal documents, and knowledge on how to interpret these restrictions, your next trip abroad could be just around the corner:

• Make sure you know all relevant laws in both countries • Read up on any special visa requirements that might apply to you • Check if there are any long-term implications or bans associated with your charge • Gather information from reliable sources like government websites and embassies

The best way to make an informed decision is by doing extensive research ahead of time. This will help ensure that your journey won’t be cut short due to unexpected obstacles related to your criminal record. Depending on where you’re travelling to, different rules may apply which can affect how quickly you get through customs at the airport. Understanding each country’s immigration policy and having all the necessary paperwork ready will save you a lot of headaches in the future.

It’s important to remember that there are still plenty of ways for people with pending criminal charges to enjoy travelling internationally without running into problems – as long as they take precautions! Whether it’s gathering enough evidence or getting advice from experts who specialize in this area, being prepared goes a long way towards ensuring that everything runs smoothly during your travels.

Frequently Asked Questions

What are the consequences of traveling internationally with a pending misdemeanor charge.

Traveling internationally while having a pending misdemeanor charge is not recommended. It could ultimately have serious consequences and lead to further complications when trying to re-enter the United States.

The main issue with traveling abroad while facing a pending misdemeanor charge is that you may be denied entry into certain countries or detained upon arrival due to your criminal record. Additionally, if a conviction has been made before the travel date, it can result in more severe penalties such as deportation or even incarceration.

For those wanting to take advantage of the freedom international travel provides without fear of legal repercussions, consulting an experienced lawyer would be essential for navigating any potential risks associated with foreign travel. This can help ensure travelers’ rights are protected and make sure their trip goes smoothly without any unexpected surprises along the way. Knowing what steps need to be taken ahead of time will give travelers peace of mind so they can enjoy their journey with confidence knowing all necessary precautions were taken.

Are There Any Potential Legal Issues That Could Arise From Traveling Internationally With A Pending Misdemeanor Charge?

Traveling internationally with a pending misdemeanor charge can be tricky. It is important to consider any potential legal issues that could arise from your decision before taking off. Here are three key points to keep in mind:

First, it’s essential to understand the laws of both countries you’re traveling between and the consequences for breaking them. Depending on where you’re going, authorities may penalize or even deport those who have violated local or international law. Secondly, some airlines will not accept passengers with outstanding criminal charges so make sure you check their policies beforehand if possible. Lastly, the presence of a pending misdemeanor charge might require additional screening upon entry into certain countries which can lead to delays and other hassles during your travels.

The bottom line is that while travel abroad with a pending misdemeanor charge isn’t impossible, it’s best to do as much research as you can ahead of time and take all necessary precautions when crossing borders. Knowing what kind of trouble you may face in advance will help ensure an enjoyable journey without any unpleasant surprises along the way. Freedom-seekers should proceed carefully but confidently when navigating these potentially dangerous waters!

How Can I Best Prepare For International Travel If I Have A Pending Misdemeanor Charge?

Traveling internationally can be an exciting yet daunting experience. But if you’re facing a pending misdemeanor charge, the process of making sure everything is in order before embarking on your adventure can seem impossible. Don’t worry – with some preparation and knowledge of the laws in both countries involved, you can travel while dealing with your criminal case back home.

The first step to prepare for international travel when you have a pending misdemeanor charge is to consult with an attorney who specializes in immigration law, as well as with your own lawyer about any special considerations that may arise from traveling abroad. This will help ensure that all legal requirements are met and that no further complications or issues arise from crossing borders during this time. Additionally, it’s important to research the entry/exit policies of each country where you plan to visit – though many countries do not bar individuals from entering based solely on having a misdemeanor charge against them, there may still be certain restrictions depending on the type of offense committed.

Once everything has been checked off your list, make sure you bring along copies of all relevant documents related to your case (such as court orders or paperwork) just in case they’re needed at customs upon arrival or departure. That way, if there are any questions regarding your status in either country, you’ll have evidence to present proving that nothing illegal is taking place and that you’re simply travelling while handling matters related to a pending charge.

By following these steps, travelers with pending charges can confidently take their adventures abroad without worrying about potential consequences stemming from their cases back home. With the right amount of planning and understanding of applicable laws, even those dealing with serious charges such as misdemeanors can enjoy international travel without issue – so don’t let fear keep you grounded!

How Will Airport Security Treat Travelers With A Pending Misdemeanor Charge?

Traveling with a pending misdemeanor charge can be unsettling. You may worry about how airport security will treat you, or if they’ll even let you board the plane at all. In this article, we’ll explore what your rights are and help to ease your concerns about traveling internationally when you have a pending misdemeanor charge.

When it comes to air travel, it’s important to remember that airport security is there for everyone’s safety. So while their job is serious, they’re not out looking to pick fights with travelers who have a criminal record. That said, depending on where you’re headed, certain countries may restrict entry based on your background check.

If you do plan to travel abroad with a pending misdemeanor charge, make sure you understand the rules of any country you intend to visit ahead of time. Research visa requirements and restrictions so that you don’t run into any problems upon arrival – especially since some countries require an up-to-date background check before granting access through customs. If necessary, contact the embassy or consulate in advance so that they know why you are visiting and can provide guidance on whether or not an unresolved criminal case will impact your ability to enter the country successfully.

No matter where life takes us, understanding our rights as travelers is paramount in ensuring safe and enjoyable international trips – even when we have open cases against us. With knowledge of the local laws and regulations surrounding air travel with a pending misdemeanor charge in hand, we can rest assured knowing our travels won’t take unexpected turns due to lack of preparation.

Are There Any Countries That I Cannot Travel To With A Pending Misdemeanor Charge?

The prospect of a pending misdemeanor charge can cause travelers to feel weighed down by the chains of uncertainty. Embarking on an international journey with such a burden is not only daunting, but in some cases it may be impossible. Countries have different rules and regulations regarding criminal charges, making clear knowledge of what countries are accessible essential for any traveler dealing with this situation.

When attempting to travel overseas while facing a misdemeanor charge, research should be done beforehand to determine whether or not that particular country will allow entry. The Australian Department of Home Affairs has strict guidelines as to who they deem suitable for entering their nation; individuals charged with misdemeanors may face rejection at the border due to character requirements that must be met when traveling there. Other nations like Canada require visitors to obtain an Electronic Travel Authorization (eTA), which could prove difficult if one does not meet their specific criteria when applying.

Though those facing misdemeanor charges may find themselves restricted from certain destinations, there is still hope left for them yet – many other countries around the world do not impose restrictions on those hoping to cross their borders provided all necessary documentation is presented accurately and promptly upon arrival. It is also important to remember that even if denied entry into another land, our home awaits us here in America where we can continue onward living life freely without fear of being held back by legal constraints.

In conclusion, traveling internationally with a pending misdemeanor charge can be difficult and may result in legal issues. It’s important to prepare for international travel if you have any type of criminal record, including a pending misdemeanor charge.

For example, one person I know had a pending DUI case before attempting to travel overseas. They were stopped at the airport due to their open case and were not allowed to board the plane. In this situation, it was discovered that the individual had an unresolved immigration issue which became even more complicated after being denied entry into another country.

It is also important to consider what countries will allow travelers with a pending misdemeanor charge. Generally speaking, some countries are much stricter than others when it comes to allowing people with criminal records into their borders. Therefore, research must be done prior to each trip abroad so that potential issues can be avoided or minimized as much as possible.

Ultimately, while traveling internationally with a pending misdemeanor charge is doable under certain circumstances; it’s important to take necessary precautions such as researching border laws beforehand and determining whether or not there could be other legal implications associated with your travels. Doing so can help ensure smoother trips abroad and avoid any unwanted surprises along the way.

Michael-Graham-The-Fearless-Explorer-of-Seek-Traveler

Meet Michael Graham, the main author of SeekTraveler.com. With a wanderlust that knows no bounds, Michael has traversed more than 30 countries across the globe. From sun-soaked Caribbean islands to the ancient marvels of Europe and the captivating charm of Japan, he has witnessed the wonders of diverse cultures firsthand. Michael’s in-depth knowledge and contagious enthusiasm for travel will inspire you to pack your bags and embark on your own extraordinary journey.

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travel overseas criminal record

  • Crime, justice and law
  • Criminal records checks for overseas applicants
  • Home Office

Guidance on the application process for criminal records checks overseas

Updated 4 April 2024

travel overseas criminal record

© Crown copyright 2024

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] .

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants/guidance-on-the-application-process-for-criminal-records-checks-overseas

This guidance explains the application process for obtaining overseas criminality information to provide to employers in the United Kingdom.

It includes information on meeting the requirements of the United Kingdom Immigration Rules to provide an overseas criminal record certificate in support of certain visa applications.

Getting a criminal records check for time spent abroad

Details of how to obtain such a check from the relevant authorities abroad are available on GOV.UK .

If the country concerned is not listed, please contact the relevant embassy or consulate for further details .

Getting a police certificate for an overseas visa application

The ACRO Criminal Records Office (ACRO) issues police certificates to people who want to emigrate or have been required to produce a police certificate (sometimes known as a “certificate of good conduct”) by an embassy, high commission or consulate. The certificate details whether or not the applicant has a criminal record in the United Kingdom.

  • Telephone: 0845 60 13 999 (international callers: 0044 1962 871 111)
  • Email: [email protected]

Further details can be found on the ACRO Criminal Records Office website .

Getting a police certificate to work or volunteer with children abroad

It may be possible to acquire an international child protection certificate (ICPC) when you are applying to work in a school or organisation outside of the UK where you will be in regular contact with children.

The ICPC is a criminal records check against police and intelligence databases in the UK that would reveal any convictions or reasons why someone should not work with children. It is similar to the DBS (Disclosure and Barring Service) check that is available in England and Wales.

The certificate contains your complete conviction history, as recorded on police central records, including “spent” and “unspent” convictions. Additionally, the certificate contains criminal conviction information about offences committed in other foreign countries where such information has been disclosed to the UK through existing exchange mechanisms.

Before submitting an applithese cation, you should check that your employer will accept the ICPC. Some overseas employers use other UK disclosure services such as the DBS (formerly the CRB) or Disclosure Scotland . Others are unable to access these services so will need to use the ICPC.

More information and details about the application process can be found on the ACRO Criminal Records Office website and CEOP Command website .

Getting a UK police clearance check for a foreign employer

If your employer or employment agency is based in the UK, then your employer may be able to apply for a DBS check rather than a UK police clearance check.

If this is not the case, and you will be working with children then you may be able to apply for an ICPC.

If these do not apply to your case, then currently the only way you can obtain a formal criminal record check by way of a basic disclosure which details any unspent convictions that may be recorded against you. Basic disclosures are issued by DBS in England & Wales, AccessNI in Northern Ireland and Disclosure Scotland .

However, you will need to check whether your prospective employer will be able to accept the results of such a request before applying.

Statutory requirements for UK employers when carrying out checks on prospective employees who have spent time abroad

There are some statutory requirements for employers to carry out such checks in the health and education sectors, but elsewhere it is only best practice to do so.

For further guidance regarding applicants who have lived or worked outside of the UK, please see the Keeping children safe in education guidance from the Department for Education (DfE).

Criminal record certificates for UK visas

If you are applying for entry clearance under any of the following visa routes, you must provide a criminal record certificate for any country (excluding the UK) where you have lived for 12 months or more (whether continuous or in total), in the 10 years before your application, while aged 18 or over.

  • Skilled Worker in education, health or social care sectors (see below)
  • Dependent partner (over 18 years old) of the main applicant in any of the above routes, either together with the main applicant or separately

All those applying under the Skilled Worker route to take employment under one of the standard occupation codes listed below are subject to this requirement:

  • 1171 Health services and public health managers and directors
  • 1172 Social services managers and directors
  • 1231 Health care practice managers
  • 1232 Residential, day and domiciliary care managers and proprietors
  • 1233 Early education and childcare services proprietors
  • 2211 Generalist medical practitioners
  • 2212 Specialist medical practitioners
  • 2221 Physiotherapists
  • 2222 Occupational therapists
  • 2223 Speech and language therapists
  • 2224 Psychotherapists and cognitive behaviour therapists
  • 2225 Clinical psychologists
  • 2226 Other psychologists
  • 2229 Therapy professionals not elsewhere classified
  • 2231 Midwifery nurses
  • 2232 Community nurses
  • 2233 Specialist nurses
  • 2234 Nurse practitioners
  • 2235 Mental health nurses
  • 2236 Children’s nurses
  • 2237 Other nursing professionals
  • 2251 Pharmacists
  • 2252 Optometrists
  • 2253 Dental practitioners
  • 2254 Medical radiographers
  • 2255 Paramedics
  • 2256 Podiatrists
  • 2259 Other health professionals not elsewhere classified
  • 2312 Further education teaching professionals
  • 2313 Secondary education teaching professionals
  • 2314 Primary education teaching professionals
  • 2315 Nursery education teaching professionals
  • 2316 Special needs education teaching professionals
  • 2317 Teachers of English as a foreign language
  • 2319 Teaching professionals not elsewhere classified
  • 2321 Head teachers and principals
  • 2322 Education managers
  • 2323 Education advisers and school inspectors
  • 2324 Early education and childcare services managers
  • 2329 Other educational professionals not elsewhere classified
  • 2461 Social workers
  • 2462 Probation officers
  • 2464 Youth work professionals
  • 2469 Welfare professionals not elsewhere classified
  • 3211 Dispensing opticians
  • 3212 Pharmaceutical technicians
  • 3213 Medical and dental technicians
  • 3214 Complementary health associate professionals
  • 3219 Health associate professionals not elsewhere classified
  • 3221 Youth and community workers
  • 3222 Child and early years officers
  • 3223 Housing officers
  • 3224 Counsellors
  • 3229 Welfare and housing associate professionals not elsewhere classified
  • 3231 Higher level teaching assistants
  • 3232 Early education and childcare practitioners
  • 3433 Fitness and wellbeing instructors
  • 3571 Human resources and industrial relations officers
  • 6111 Early education and childcare assistants
  • 6112 Teaching assistants
  • 6113 Educational support assistants
  • 6114 Childminders
  • 6117 Playworkers
  • 6131 Nursing auxiliaries and assistants
  • 6133 Dental nurses
  • 6134 Houseparents and residential wardens
  • 6135 Care workers and home carers
  • 6136 Senior care workers

When a certificate of sponsorship is issued, an applicant applying for entry clearance in the Skilled Worker route will be informed by their sponsor whether they will be required to provide a criminal record certificate.

Visa applicants in all other routes are not currently required to provide criminal record certificates . Also, those already in the UK seeking to extend their stay in one of the above categories are not presently included.

Details of how to obtain a check from the relevant authorities abroad are available on GOV.UK.

If you cannot obtain a criminal record certificate from the relevant country

It is not always possible to obtain a certificate from countries that do not have functioning criminal record regimes or refuse to provide these to anyone other than their own citizens.

For visa purposes, if you are unable to obtain a certificate you must provide an explanation with your visa application, which details your attempts to obtain a certificate and confirms why this has not been possible. UK Visas and Immigration (UKVI) will consider your explanation against the situation in those countries and decide whether to waive the requirement. If UKVI decides that it is possible for you to obtain a certificate, but you have failed to do so, your application is likely to be refused.

In the absence of available checks, we would expect employers to obtain as much information as possible in the form of references before deciding whether to make an offer of employment.

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Can You Travel Overseas with a Criminal Record in Australia?

Walker Pender Lawyers

  • February 5, 2024

For many Australians, international travel is a rite of passage. However, the journey can be uncertain for those with a criminal record.

Countries have varied entry regulations, and a criminal past can complicate matters. In this article, let’s discuss how a criminal record might impact an Australian’s travel rights overseas.

Does A Criminal Record Impact Travel Rights From Australia?

Yes, a criminal record can affect an Australian’s travel abroad. Entry policies of the destination country determine the impact.

Some nations require criminal background statements, while others restrict visas or entrance to those with specified crimes.

Australians with criminal backgrounds should investigate their destination’s entrance criteria and consult an immigration specialist before travelling.

Which Countries Restrict Entry For Australians With A Criminal Record?

Many countries have entry restrictions or additional requirements for travelers with a criminal record, and Australians are no exception.

Here are some countries that have been known to restrict entry or require additional documentation for individuals with a criminal background:

  • United States: The U.S. can deny entry to those with various convictions, from moral turpitude crimes to drug offences. If they have a record, Australians might need to apply for a visa rather than using the Visa Waiver Program.
  • Canada: Canada is known for its strict entry requirements regarding criminal records. Even minor offences like DUIs can result in a traveller being denied entry.
  • United Kingdom: While more relaxed than the U.S. or Canada, the UK can only allow entry based on unspent convictions, especially if they deem the traveller a threat.
  • China: China may deny visas or entry to individuals with certain criminal convictions.
  • Japan: Japan has restrictions on entry for those with drug-related convictions.
  • New Zealand: While generally lenient with Australians, New Zealand can refuse entry to those with certain serious offences.
  • United Arab Emirates: Past convictions, especially drug-related, can lead to denial of entry or transit.

It’s crucial to understand that entry is often at the discretion of the border control officials, and regulations can change.

Additionally, many countries will base their decision on the nature and recency of the conviction, its relation to the country’s laws, and any perceived threat to public safety.

Need a Lawyer?

What is the australian character requirement for visas.

Visa applicants in Australia must meet the Character Requirement to ensure community safety. Key points include:

  • Legal Basis: Defined in Section 501 of the Migration Act 1958 and enforced by the Department of Home Affairs.
  • Police Checks: Visa applicants often need police clearances from countries they’ve resided in for the past 10 years.
  • Criteria: Refusal can stem from a substantial criminal record, association with criminal activities, risk assessments, past behaviour, and other specific grounds.
  • Exceptions: Some may still receive a visa despite failing the test based on discretion, while others face mandatory cancellation.

Our criminal lawyers are ready to advise you regarding these concerns.

How To Check Your Criminal Record Before Traveling?

Checking your criminal record in Australia before travelling can give you insight into potential travel barriers. Here’s a step-by-step guide on how to check your criminal record:

  • Determine the Type of Check:
  • National Police Check (NPC): This is the most common check for Australians. It provides a summary of an individual’s police history in Australia.
  • Working With Children Check: While not for travel purposes, this is another form of background check in Australia that focuses on convictions endangering children.
  • Contact Your State’s Police Service: Each state and territory in Australia has its police service that can process a National Police Check.
  • Complete an Application:
  • Most police services offer online and paper application forms for the National Police Check.
  • You’ll need to provide personal details, a list of all your addresses over the past five years, and the purpose of the check (e.g., “overseas travel”).
  • Provide Identification: You must present original identification documents (and sometimes certified copies) to prove your identity. These may include a birth certificate, passport, driver’s license, etc.
  • Pay the Fee: A fee is typically associated with obtaining a police check. The exact amount may vary between states and territories.
  • Receive Your Results: Once you’ve submitted your application and it’s been processed, you will receive a report detailing any criminal history. This usually arrives within a few days to several weeks, depending on the processing time of the specific police service.
  • Consider the ‘Spent Convictions’ Scheme: Australia has a spent convictions scheme where some criminal convictions can become ‘spent’ after a set period, meaning they won’t appear on your police check. The rules for this scheme vary between states and territories.

It’s a good practice to keep a copy of your police check when travelling, especially if you know the destination country has strict entry requirements related to criminal records.

Also read: Can You Go On Holiday On Bail in Australia?

How To Apply For A Visa With A Criminal Record?

Applying for a visa with a criminal record can be a more complex process than a standard visa application, as the presence of a criminal record might influence the decision of the host country’s immigration authority. Here’s a general guideline on how to approach it:

Research the Destination Country’s Policies: Every country has different regulations and standards for admitting individuals with a criminal record. Familiarize yourself with these standards and understand the potential barriers.

Obtain Your Criminal Record: Obtain a copy of your criminal record before applying. This might be required during the application process, and knowing exactly what’s on it is good.

In Australia, you can get a National Police Check, which summarizes your police history.

Consult an Immigration Lawyer or Expert: Given the complexities, it’s wise to seek counsel from an immigration lawyer or consultant who can guide you through the application process, especially if you’re aiming for a country known for its stringent entry requirements.

Complete the Visa Application: Fill out the visa application form diligently.

Be honest: Provide accurate information if the application asks about your criminal history. False declarations can lead to immediate denials and future travel bans.

Detailed Explanation: Some countries might offer a space to explain any convictions. Use this to explain the circumstances, any rehabilitation, and why you’re not a risk.

Attach Relevant Documentation: Along with your criminal record, you might need to include character references, records of rehabilitation, or any other documents that demonstrate you’re of good character now despite your past.

Be Prepared for Additional Interviews or Scrutiny: Some countries may require a personal interview or additional background checks if you’ve declared a criminal record.

Wait for a Decision: The visa application will be reviewed once submitted. Given the complexities of a criminal record, this might take longer than usual.

Consider ‘Waivers of Ineligibility’ if Denied: Some countries, like the U.S., offer waivers for individuals deemed ineligible due to criminal convictions. While securing a waiver can be a long process, it’s a potential pathway to getting the visa approved.

Remember, the key is transparency and honesty. While a criminal record can pose challenges, many individuals with past convictions successfully obtain visas annually by adhering to the proper channels and showcasing their rehabilitation and current character.

Understanding The ‘Spent Convictions’ Scheme In Australia

The ‘Spent Convictions’ scheme in Australia allows certain criminal convictions to be effectively “forgotten” after a set period of good behaviour. Here’s what you need to know:

  • Qualifying Period: Typically, after 10 years for adults and 5 years for juveniles, a conviction can become spent, provided there are no further convictions.
  • Not Listed: Once a conviction is spent, it’s no longer listed on a police check, which means it’s not disclosed for most purposes.
  • Exclusions: Not all convictions, especially very serious crimes or sentences over a certain length, can be spent.

The scheme aims to help people overcome mistakes, ensuring minor past convictions don’t affect their future indefinitely. Speak to our criminal lawyers about this today.

Can You Get a Passport With a Criminal Record Australia?

Having a criminal record doesn’t directly prevent you from getting a passport, but it can significantly complicate the process. The ability to travel overseas with a criminal record depends on several factors, including:

Type of offense: Serious offenses like violence, drug trafficking, or terrorism are more likely to cause problems than minor traffic violations. Length of time since the offense: Older convictions are generally less concerning than recent ones. Sentence served: Completion of any sentence and evidence of rehabilitation can improve your chances. Destination country: Different countries have different rules about entry for people with criminal records.

Here’s how your criminal record can affect your passport application in Australia:

  • Reportable Offenders: If you’re considered a “reportable offender” under 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 will be withdrawn.
  • Character Assessment: Even if not a reportable offender, the Department of Foreign Affairs and Trade (DFAT) can still assess your character based on your criminal record. If they deem you a risk to national security or the international community, they can refuse your passport application.
  • Visa Applications: Obtaining visas for travel can be further complicated with a criminal record. Each country has its own policies, and some may automatically deny entry to anyone with certain convictions.

Can You Travel Overseas With A Criminal Record Australia?

Navigating overseas travel with a criminal record can be tricky. At Walker Pender, we offer expert guidance tailored to your unique circumstances. Unlock the world without the uncertainty – contact us today and ensure a smoother journey ahead.

Reach out to Walker Pender now and let your adventure begin!

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Trump Was Warned to Return Records to Archives, Unsealed Documents Say

“Don’t give them a noble reason to indict you, because they will,” an unnamed associate told Donald J. Trump, according to an interview the person gave the F.B.I. in the classified documents case.

  • Share full article

Mar-a-Lago, former President Donald J. Trump’s private club and residence in Florida, is surrounded by palm trees at sunrise.

By Alan Feuer

In late November 2021, as officials at the National Archives were trying to persuade former President Donald J. Trump to return a trove of records he had taken from the White House when he left office, one of Mr. Trump’s associates advised him in the sharpest terms possible to give the materials back, newly unsealed documents show.

“Whatever you have, give everything back — let them come here and get everything,” the unnamed associate told Mr. Trump, according to an interview the person gave the F.B.I. “Don’t give them a noble reason to indict you, because they will.”

Less than two years later, that admonition proved prescient. Federal prosecutors charged Mr. Trump last June with violating the Espionage Act, accusing him of illegally holding onto more than 30 highly classified documents and obstructing the government’s repeated efforts to retrieve them.

A summary of the associate’s interview with federal agents was among nearly 400 pages of investigative records that were unsealed on Monday by the judge overseeing Mr. Trump’s classified documents case. The associate’s identity was redacted from the summary.

The records had initially been attached as sealed exhibits to a motion Mr. Trump’s lawyers had filed in January asking for additional discovery evidence from the government. But the judge, Aileen M. Cannon, made the exhibits public after ruling two weeks ago that prosecutors could remove from them the names of several potential witnesses to protect their identities and safety.

The unnamed associate who warned Mr. Trump about the threat of an indictment — identified in the unsealed records as Person 16 — described approaching the former president in a card room or library at Mar-a-Lago, his private club and residence in Florida, as Mr. Trump was dressed in golf attire.

Person 16 told the F.B.I. that Mr. Trump reacted to his warning with a “weird ‘you’re the man’ type of response” and left the impression that he would in fact return the materials to the archives. Their conversation was interrupted when a Mar-a-Lago club member and a “much younger woman” walked up, Person 16 recalled, and asked to have a photo taken with Mr. Trump.

Person 16 also suggested that some of Mr. Trump’s children had been enlisted in the task of persuading him to return the presidential records to the archives. The person recounted to the F.B.I. that one of the children was told: “There are issues with the boxes. They belong to the government. Talk to your dad about giving them back. It’s not worth the aggravation.”

While the unsealed exhibits did not greatly alter the basic story of the classified documents case, they did provide a few new details.

Some of the exhibits revealed, for instance, that the F.B.I. used the code name “Plasmic Echo” for its initial investigation of the classified documents that Mr. Trump took to Mar-a-Lago.

Another exhibit contained a minute-by-minute timeline of the F.B.I.’s search of the property in August 2022, about a year before the indictment was returned, documenting precisely when agents entered the estate, when they gained access to Mr. Trump’s safe “via technical means” and when evidence seized during the search arrived at the Fort Lauderdale airport for transport to Washington.

Another exhibit suggested that the bureau at one point discussed doing “loose” surveillance of Mr. Trump’s airplane to “determine if any boxes are loaded onto the plane.”

But Person 16’s interview with the F.B.I. was among the most informative of the unsealed records. The person asked the agents not to record their conversation, concerned that any recording would be a “risk for him in the Trump world.”

Still, Person 16 was exceptionally candid with the F.B.I., giving his interviewers gossipy details about members of Mr. Trump’s legal team.

One of the lawyers, according to the interview, was brought on board after being seen by Mr. Trump on television. Another member of the team was hired by Mr. Trump, Person 16 said, because of how they “dressed” and by placing themselves directly into Mr. Trump’s “line of sight.”

Person 16 also suggested to the F.B.I. that Mr. Trump may have told his personal aide, Walt Nauta, who was ultimately charged as a co-defendant in the case, that he would receive a pardon if Mr. Trump was elected again.

“Nauta was also told that even if he gets charged with lying to the F.B.I., FPOTUS” — an abbreviation for former president of the United States — “will pardon him in 2024.”

Judge Cannon still has not issued a decision on the underlying motion to which the newly unsealed exhibits were attached.

The motion is an attempt by Mr. Trump’s lawyers to persuade the judge to grant them access to communications between prosecutors working for the special counsel, Jack Smith, and officials at the archives and at national security and intelligence agencies. The lawyers want that information to bolster their potential trial defense that members of the so-called deep state conspired with the Biden administration to have the indictment filed against Mr. Trump.

Alan Feuer covers extremism and political violence for The Times, focusing on the criminal cases involving the Jan. 6 attack on the Capitol and against former President Donald J. Trump.  More about Alan Feuer

Our Coverage of the Trump Documents Case

The justice department has filed federal criminal charges against former president donald trump over his mishandling of classified documents..

The Indictment: Federal prosecutors said that Trump put national security secrets at risk  by mishandling classified documents and schemed to block the government from reclaiming the material. Here’s a look at the evidence .

The Co-Defendants: While Trump plays the leading role in the case, the narrative as laid out by prosecutors relies heavily on supporting characters  like Carlos De Oliveira  and Walt Nauta .

Obstruction: The Mueller report raised questions about whether Trump had obstructed the inquiry into the ties between the former president’s 2016 campaign and Russia. With prosecutors adding new charges  in the documents case, the subject is back .

The Judge: Judge Aileen Cannon , a Trump appointee who showed favor to the former president earlier in the investigation, has scant experience  running criminal trials. Can she prove her critics wrong ?

A Slow Pace: Cannon has allowed unresolved issues to build up on her docket, and that appears to have kept her from making a prompt decision on the timing of the case. It is one of several factors that have stirred concern about her decision-making .

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Can I travel overseas with a criminal record?

Home / Blog / Can I travel overseas with a criminal record?

Travel is great. You can see the world, widen your horizons, meet new and interesting people. If you have the opportunity to travel then you absolutely should. Though, if you have a criminal record, you have to ask yourself will your criminal record affect your holiday plans. Could something like drug possession or assault charge from 20 years ago stop you from going on the holiday of your dreams?

The short answer is it might. Depending on where you’re aiming to be travelling the amount of criminal history on your record, the nature of the crime and the amount of time past since your last conviction you may find it hard to be granted a Visa.

For example, Australians who want to travel within the Schengen Zone a group of European countries including Belgium, Austria, Denmark, France, Germany, Italy, Spain, Sweden, Portugal and more, do not need a visa if they are “travelling for tourist purposes if their stay will last no longer than 90 days”. Many countries don’t stop applicants from entering because of a minor or long past criminal history, however, exceptions are made when it comes to violent or particularly recent convictions.

Another aspect to consider if you’ve been convicted as a criminal charge is the issue of probation or parole. If you are currently on probation or parole then leaving the country without permission is out of the question and could result in a revocation of your parole.

Travelling to the US

Travelling to the United States is an entirely different story as they have a more radical Visa application program. Although Australia is a member of the Visa Waiver Program meaning tourists can apply for 90-day ESTA Visas fairly simply any convictions, un-adjudicated arrests, or even a previously refused visa makes you ineligible to apply for travel through the VWP.

When it comes to issuing Visas, some consider the US to be one of the strictest countries to be able to travel to because they do not recognise exemptions for “spent” or “pardoned” convictions in the same way the UK does so you must disclose your criminal record when applying for Visas no matter how minor or how long ago your conviction occurred.

Travellers are also ineligible to enter the US if they have been convicted of certain crimes with the exception of single DIC/DUI such as those crimes involving ‘moral turpitude’. However, the list of offences under this category are imprecise and can vary greatly from one jurisdiction to another.

Offences under this category range from fraud and prostitution to murder and include:

  • Crimes against property.
  • Crimes against government authority.
  • Crimes against persons, family and sexual morality.
  • Or anyone convicted of an “aggravated felony”.

According to US Customs and Border Protection, having a conviction for driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that automatically disqualifies you from entry into the U.S. Keep in mind though, if you have more than one conviction in conjunction with other misdemeanours, you could be denied entry.

The only way you’ll be able to know if you can travel to the US with a criminal record is when you apply for a Visa. The US conducts extensive security checks on all visa applicants. You will need to present a criminal history report and a consular officer will determine your eligibility during the visa application process. If you try to travel to the US without a visa you could be refused entry. You may be able to apply for a temporary waiver even if your conviction makes you ineligible but processing can take more than 6 to 8 months so you need to plan your trip early.

Travelling to Canada

Canada’s entry policy is similar to the US and anyone with a criminal record no matter how minor, even a drink-driving conviction, may be excluded from entering Canada. If you do have a conviction and want to enter Canada, you could submit an application for rehabilitation, under the Rehabilitation of Offenders Act 1974. However, this is a long process during which you must prove through numerous references that you are rehabilitated and future offences are unlikely. You may also be considered rehabilitated if a certain period of time has passed since the offence.

Even if you need to apply for a visa to travel to certain countries, the application form may not require you to disclose your criminal record. It all depends on the country in question.

This is just a general guide and by no means an exhaustive list when it comes to travelling abroad with a criminal record. If you want to be sure you will be granted entry into a foreign country or better yet, not deported once you get there, save yourself the time and money by checking in with the immigration department of the country or consulting their website to find out what their particular rules are.

Remember always be honest when asked about your criminal record, otherwise, you run the risk of being banned from that country or worse charged with providing false information.

If you want the freedom to globetrot wherever you want, your best bet is ultimately to not have a criminal record at all. However, if that is not possible and you are facing a pending conviction, talk to a criminal lawyer about whether your charges can be dismissed under Section 10.

Otherwise happy travelling!

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Andrew Tate’s trial on charges of rape and human trafficking can start, a Romanian court rules

A court in Romania’s capital ruled that a trial can start in the case of influencer Andrew Tate, who is charged with human trafficking, rape and forming a criminal gang to sexually exploit women.

FILE - Andrew Tate, left, and his brother Tristan, right, wait inside the Court of Appeals building in Bucharest, Romania, Tuesday, Jan. 30, 2024. A court in Romania's capital on Friday, April 26, 2024, ruled that a trial can start in the case of influencer Andrew Tate, who is charged with human trafficking, rape and forming a criminal gang to sexually exploit women.(AP Photo/Vadim Ghirda, File)

FILE - Andrew Tate, left, and his brother Tristan, right, wait inside the Court of Appeals building in Bucharest, Romania, Tuesday, Jan. 30, 2024. A court in Romania’s capital on Friday, April 26, 2024, ruled that a trial can start in the case of influencer Andrew Tate, who is charged with human trafficking, rape and forming a criminal gang to sexually exploit women.(AP Photo/Vadim Ghirda, File)

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FILE - Andrew Tate leaves the Bucharest Tribunal in Bucharest, Romania, Thursday, Feb. 1, 2024. A court in Romania’s capital on Friday, April 26, 2024, ruled that a trial can start in the case of influencer Andrew Tate, who is charged with human trafficking, rape and forming a criminal gang to sexually exploit women.(AP Photo/Vadim Ghirda, File)

FILE - Andrew Tate grimaces as he arrives at the Bucharest Tribunal in Bucharest, Romania, Monday, Feb. 26, 2024. A court in Romania’s capital on Friday, April 26, 2024, ruled that a trial can start in the case of influencer Andrew Tate, who is charged with human trafficking, rape and forming a criminal gang to sexually exploit women.(AP Photo/Vadim Ghirda, File)

FILE - Andrew Tate gestures as he arrives at the Bucharest Tribunal in Bucharest, Romania, Monday, Feb. 26, 2024. A court in Romania’s capital on Friday, April 26, 2024, ruled that a trial can start in the case of influencer Andrew Tate, who is charged with human trafficking, rape and forming a criminal gang to sexually exploit women.(AP Photo/Vadim Ghirda, File)

FILE - A police officer escorts Andrew Tate, left, from the Court of Appeal in Bucharest, Romania, Tuesday, March 12, 2024. A court in Romania’s capital on Friday, April 26, 2024, ruled that a trial can start in the case of influencer Andrew Tate, who is charged with human trafficking, rape and forming a criminal gang to sexually exploit women.(AP Photo/Andreea Alexandru, File)

FILE - A police officer escorts Andrew Tate, center, handcuffed, from the Court of Appeal in Bucharest, Romania, Tuesday, March 12, 2024. Romanian court orders trial can start for influencer Andrew Tate on charges of human trafficking and rape. (AP Photo/ Alexandru Dobre, File)

BUCHAREST, Romania (AP) — A court in Romania’s capital on Friday ruled that a trial can start in the case of influencer Andrew Tate, who is charged with human trafficking, rape and forming a criminal gang to sexually exploit women.

The Bucharest Tribunal ruled that prosecutors’ case file against Tate met the legal criteria but did not set a date for the trial to begin. Tate’s spokesperson, Mateea Petrescu, said the ruling has been appealed.

Tate, 37, was arrested in December 2022 near Bucharest along with his brother, Tristan Tate, and two Romanian women. Romanian prosecutors formally indicted all four in June last year. They have denied the allegations.

“The ruling issued by the preliminary chamber judge lacks legal basis and reasoning,” Eugen Vidineac, one of the brothers’ lawyers, said after the decision. “We have filed a strong appeal as we believe the ruling to be unlawful.”

AP AUDIO: Andrew Tate’s trial on charges of rape and human trafficking can start, a Romanian court rules.

AP correspondent Charles de Ledesma reports on developments in the Andrew Tate case in Romania.

Ahead of the court’s decision Friday, the legal case had been discussed for months in the preliminary chamber stages, a process in which the defendants can challenge prosecutors’ evidence and case file.

“We reassert our belief in the fairness of the arguments we presented during the preliminary hearing and in the memoranda concerning the legality of the criminal investigation,” said Ioan Gliga, another lawyer for the Tates. “Although they did not receive the necessary attention in the preliminary hearing, we are confident that the appeal court judge panel will support us.”

Andrew Tate leaves the Bucharest Tribunal in Bucharest, Romania, Friday, March 15, 2024. A court in Romania’s capital on Wednesday extended geographical restrictions against online influencer Andrew Tate, who is awaiting trial on charges of human trafficking, rape and forming a criminal gang to sexually exploit women. (AP Photo/Andreea Alexandru)

Andrew Tate, who has amassed 9.1 million followers on the social media platform X, formerly Twitter, has repeatedly claimed that prosecutors in Romania have no evidence against him and that there is a political conspiracy to silence him.

Tate was previously banned from various prominent social media platforms for expressing misogynistic views and for hate speech. Both Tates are dual British-U.S. citizens.

Last month, the Bucharest Tribunal extended geographical restrictions against Tate , a former professional kickboxer, stipulating he cannot leave the country. Tate had requested that he be able to travel within the European Union with the prior approval of a judge.

After the Tate brothers’ arrest, they were held for three months in police detention before being moved to house arrest. They were later restricted to Bucharest Municipality and nearby Ilfov County, but can now travel freely around Romania.

Also last month, the Tate brothers appeared at the Bucharest Court of Appeal in a separate case, after British authorities issued arrest warrants over allegations of sexual aggression in a U.K. case dating back to 2012-2015.

The appeals court granted the British request to extradite the the Tates to the U.K., but only after legal proceedings in Romania have concluded.

McGrath reported from Sighisoara, Romania.

travel overseas criminal record

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COMMENTS

  1. Criminal Record Checks

    Criminal Record Checks. U.S. citizens may need a "certificate of good conduct" or proof that they lack a criminal record. These may be needed for many reasons abroad. These reasons may include adoption, school, and work. U.S. police may not know about this process because it is rare in the United States. U.S. citizens have many options to prove ...

  2. Can You Travel Internationally with a Criminal Record?

    As a U.S. citizen, you have the right to travel within the country and to most international destinations. However, having a criminal record can impact your ability to travel to some countries, particularly for felony offenses and DUI charges. Some countries have strict immigration policies and may deny entry to people with certain criminal ...

  3. Countries You Can't Travel to With a Criminal Record

    Having a criminal record makes international travel very difficult. Because most countries try to protect their citizens from outside criminal activities, they have strict laws about who can enter a particular country and who cannot. As a result, if you have a criminal record, you won't be allowed to enter most countries where you're required […]

  4. Travelling abroad with a criminal record

    South Africa. Most visitors will not need a visa to visit South Africa but they will usually be asked to complete a TC-01 Traveller Card on arrival (this is generally for customs purposes). There are no questions about criminal records on the TC-01 form. Further information on travelling to South Africa can be found here.

  5. Can I Travel with a Criminal Record?

    International Travel Considerations. While domestic travelers may not be subject to the scrutiny of their criminal records, international travelers typically are. Some countries are stricter on ...

  6. Traveling with a Criminal Record: All Questions Answered

    If you have a criminal record, you may still be able to travel to America. However, you will need to apply for a waiver in advance, which can be a lengthy and complicated process. If you are convicted of a crime in your home country, you will likely be ineligible for a visa to enter the United States.

  7. Criminal Record Checks

    There are a variety of options available to U.S. citizens seeking to obtain proof of their lack of a criminal record.

  8. Traveling With a Criminal Record

    The ability to travel to Europe with a criminal record will depend on which country is visited. Generally, criminal conviction background checks are not carried out at European borders. Being honest if and when asked about criminal convictions is always advisable. The United Kingdom (UK), however, is one of the few European nations that will ...

  9. Traveling with a criminal history

    For some countries, particularly Canada and the US, even a minor criminal conviction 50 years ago can cause you to be refused entry, while others would require a conviction for a violent or serious crime to be refused entry. This page also lists ways (if known) to overcome a bar on entry due to a criminal history.

  10. Where can I travel with a criminal record?

    You might be able to travel to Australia with a criminal record if you can apply for a full tourist visa. UK citizens need to get an electronic visitor visa to travel to Australia, either as a tourist or on business. But if you have a criminal conviction that resulted in a prison sentence, you might need to apply for a full tourist visa.

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    Navigating the landscape of travel restrictions can be a daunting task for anyone, let alone someone carrying the weight of a criminal record. The goal of this post is to demystify the complications surrounding the rules and regulations imposed on convicted felons wishing to travel, and to provide a comprehensive guide to domestic and international travel possibilities for this demographic.

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    Corbaci Law, P.C. Jan. 18, 2023. As a green card holder, you may have questions about whether or not it is safe to travel outside the United States if you have a criminal record. The answer depends on the severity of your conviction and the country you are planning to visit. It is strongly advised to speak with an attorney about your individual ...

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    Amended Hong Kong information in 'Countries G to P: applying for a criminal records check for someone from overseas' - the new policy comes into effect on 8 June rather than 1 June. 1 June 2022

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    The Origin Of The Problem Of Traveling Abroad With A Criminal Conviction. Before the terrorist attacks of 9/11 and the advent of criminal records availability on the Internet, the issue of crossing international borders as a justice-impacted person was largely theoretical.

  16. Can You Travel Internationally With A Pending Misdemeanor Charge

    With careful preparation and legal guidance, you may be able to secure permission from authorities to cross borders despite existing criminal records - allowing you to fulfill those dreams of exploration without worry. 2. Understanding International Travel Laws. Journeying through the laws of international travel can be tricky.

  17. Guidance on the application process for criminal records checks overseas

    The certificate details whether or not the applicant has a criminal record in the United Kingdom. Telephone: 0845 60 13 999 (international callers: 0044 1962 871 111) Email: customer.services@acro ...

  18. Can You Travel Overseas with a Criminal Record Australia

    Yes, a criminal record can affect an Australian's travel abroad. Entry policies of the destination country determine the impact. Some nations require criminal background statements, while others restrict visas or entrance to those with specified crimes. Australians with criminal backgrounds should investigate their destination's entrance ...

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  21. Can I travel overseas with a criminal record?

    The only way you'll be able to know if you can travel to the US with a criminal record is when you apply for a Visa. The US conducts extensive security checks on all visa applicants. You will need to present a criminal history report and a consular officer will determine your eligibility during the visa application process. If you try to ...

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    All police records and reports are processed by the Moscow Police Department. Use the links below for more information and to complete the appropriate form. City Records; Police Records; Contact Us. City of Moscow 206 E Third Street Moscow, ID 83843 Phone: 208-883-7000 Helpful Links. Intranet. Email. City Code.

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  26. Andrew Tate's trial on charges of rape and human trafficking can start

    A court in Romania's capital has ruled that a trial can start in the case of influencer Andrew Tate, who is charged with human trafficking, rape and forming a criminal gang to sexually exploit women.The Bucharest Tribunal ruled that prosecutors' case file against Tate met the legal criteria but did

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