Traveling Abroad: Felony Restrictions | QuartzMountain (2024)

Travelling abroad with a felony record can be complex and depends on the laws of the destination country and the nature of the conviction. While some countries may deny entry to individuals with a felony record, others may allow entry with certain restrictions, such as the duration of stay. Obtaining a passport and visa may also be more challenging for individuals with a felony record, as certain convictions, such as international drug trafficking, can result in passport denial or revocation. Additionally, some countries, like Canada, have access to U.S. criminal databases and can conduct background checks at the border, which may result in denied entry.

Obtaining a passport

The United States Department of State does not prohibit felons from obtaining passports, but there are specific circ*mstances and types of convictions that may cause complications. The type of felony conviction influences your chances of receiving a passport, as does your current status regarding the felony. If you are still on probation or parole, you will likely not be allowed to leave the country without prior approval. However, this does not mean that you will never be allowed to leave the United States.

To determine your eligibility for a passport, the US Department of State considers various factors, including the severity of your offense, whether you are currently on parole or probation, and whether there are any outstanding arrest warrants against you. It is recommended that individuals with criminal records consult an attorney or contact the nearest US Passport Agency for guidance on their specific situation.

Legal Barriers and Restrictions

Some countries have strict entry requirements, especially for those who have been convicted of serious offenses such as drug trafficking or terrorism-related crimes. These legal barriers are in place to protect citizens and maintain public safety.

If you have a conviction for trafficking drugs across country borders, you cannot get a passport. It is also not allowed if you owe more than $2,500 in outstanding child support or specific government loans. Treason convictions also prevent a person from obtaining a passport.

The Application Process

When applying for a passport, it is important to navigate the application process carefully and provide all the required documentation. This includes meeting the application requirements set by the US Department of State, such as filling out the appropriate forms, providing proof of identity and citizenship, submitting two passport photos, and paying the necessary fees.

Regaining Eligibility

If you have a felony conviction and want to regain eligibility for a passport, you must complete your sentence and any court-ordered programs or classes. This includes paying fines or restitution and serving any required time in prison or on probation/parole. Once these obligations are fulfilled, you can apply for expungement to improve your chances of regaining passport eligibility.

Timeline for Receiving a Passport

The timeline for receiving your passport after completing the application process can vary. Generally, it takes around 6-8 weeks to receive a regular passport. However, expedited processing is available for an additional fee if you need your passport sooner.

Visa requirements

The visa requirements for people with a felony on their record vary from country to country. Some countries do not allow people with a felony on their criminal record to obtain a visa, so they are unable to visit. However, some countries do not actively screen visitors' criminal records, and so a person convicted of a felony may be allowed in but will be deported if their criminal record is discovered.

Some countries have different regulations regarding what constitutes a felony. For example, an action that is considered a regular offence in one country may be defined as a felony in another, and so the latter country may deny the visitor a visa.

In general, it is very difficult to travel to any country with a history of violent or sexual crime convictions, repeated convictions, or a recent conviction. If a person has a history of serious crimes, some countries ban them from leaving.

Some countries require a criminal background screening for all retirement visas, work visas, immigration visas, or student visas. This is a letter from the police in your home country, or any other places where you have lived, confirming that you have a clean record. Many countries will also require this letter to be notarized, and possibly affixed with an apostille (a type of international notarization).

Visa applications usually include questions about your criminal history, and certain offences can keep you from obtaining a visa. This could prevent you from travelling to countries that require visas for US citizens to enter as tourists, or to work, study or live long-term in those countries.

Each country has its own standards for issuing visas, so if you're applying for a visa after being released from prison, it is recommended that you get legal advice and first contact that country's embassy to learn more about its requirements.

Specific Country Requirements

• Canada reserves the right to refuse entrance to any would-be visitors who have a criminal history, including those who have committed felonies, primarily if the offence resulted in a 10-year prison sentence. However, if the person was officially pardoned or considered rehabilitated, they may still be allowed to enter the country.
• Japan requires a visa for stays longer than 90 days, and visitors who have been imprisoned for more than a year (or have a drug-related conviction) are likely to be denied a visa.
• New Zealand does not allow entry to those who have committed a crime that resulted in imprisonment of 12 months or longer within the past ten years, or those sentenced to five or more years in prison, no matter how long ago the sentence was handed down.
• The United Kingdom does not require US citizens to apply for a visa, but for people with passports from a country for which the UK requires an advance visa, the government will conduct a background check. The permit may be declined if officials reviewing the application believe that the person intends to commit harm while in the UK.
• The United States does not grant entry or permanent residency to those who have been convicted of aggravated felonies—any offence that merited imprisonment for a year or longer in the person's home country.
• Australia explicitly states that "in the past 10 years" is the only acceptable entry period for those with criminal convictions. To be eligible for an Australian work visa, you must not have been sentenced for more than 30 consecutive months.
• China may deny a visitor a visa if they have committed an action that is considered a regular offence in their home country but is defined as a felony in China.

Travel insurance

• Medical expenses if you get sick or injured and need emergency care that’s not covered by your regular health insurance plan.
• Emergency evacuation and repatriation.
• Reimbursem*nt of non-refundable reservations if you get sick and have to cancel or end a trip early.
• Trip cancellation, interruption and delay.
• “Cancel for any reason” coverage.
• Lost, stolen or damaged baggage.
• 24-hour assistance services.
• Rental car damage.

The cost of travel insurance is affected by:

• The length and cost of the trip: Longer and more expensive trips will increase the cost of insurance.
• The cost of local healthcare: If you're travelling to a place with high healthcare costs, this will be reflected in the price of your insurance.
• Pre-existing medical conditions: Any conditions you already have will increase the cost of coverage.
• The amount and breadth of coverage: The more risks covered, the higher the cost.
• Your age: Generally, the older you are, the more expensive insurance will be.
• Optional supplements: You can add things like "Cancel For Any Reason" coverage to your policy, but this will cost extra.

Types of travel insurance

There are several types of travel insurance, which can be purchased as a package or "comprehensive plan". These include:

• Travel medical insurance.
• International travel insurance.
• Trip cancellation, interruption and delay insurance.
• Baggage and personal belongings insurance.
• Emergency medical assistance, evacuation and repatriation insurance.
• Accidental death and dismemberment insurance.
• Rental car insurance.

How to get travel insurance

You can get travel insurance:

• Through your credit card: Some credit cards offer trip cancellation and rental car insurance if you use the card to book the trip or car.
• From a travel agent or travel reservation site: You can buy travel insurance when you book your flight, hotel and car rental.
• From a travel insurance comparison site: You can compare different policies and review quotes at once.
• From a travel insurance company: You can purchase travel insurance directly from an insurance provider.

What to look for in travel insurance

When considering a trip insurance policy, keep the following in mind:

• Evaluate the financial risks you face when travelling. Can you bear those costs yourself, or do you want insurance?
• Examine what coverage you already have: Does your credit card, renters or homeowners insurance provide coverage? Will your health plan cover you at your destination?
• Get quotes for trip insurance online: Choose a package of the benefits you need and compare prices for similar coverage among carriers.
• Read the policy fine print: Understand what’s covered, what’s excluded and the limits on coverage.

Entry to Canada

Canada has strict rules regarding the entry of people with criminal records, including felonies, into the country. If you have a felony conviction on your criminal record, you could be deemed "criminally inadmissible to Canada" and denied entry at the Canadian border. Canadian immigration officers have full access to all the criminal record databases in the United States, so anyone with a felony conviction will likely be stopped on their way into Canada.

Temporary Resident Permit (TRP)

The Canadian Government offers a Temporary Resident Permit (TRP) to individuals who are otherwise inadmissible to Canada due to a criminal conviction. A TRP grants legal entry to Canada for a certain period and can be applied for at any point. It is not subject to a specific time frame in relation to the completion of the sentence, meaning that an individual can be granted a TRP while still serving a portion of their sentence, in certain circ*mstances.

To apply for a TRP, you must submit an application with supporting documents explaining the reason for your criminal inadmissibility and why your entry into Canada may be justified. The application fee for a TRP is $229.77 CAD.

Criminal Rehabilitation

Criminal Rehabilitation is a permanent solution for criminally inadmissible foreign nationals. Once an individual has been granted Canadian Criminal Rehabilitation, their inadmissibility problem is resolved, and they can cross the border freely. Criminal Rehabilitation is only available to people who have completed their entire sentence, including payment of all fines and completion of probation, a minimum of five years prior. The processing time for Criminal Rehabilitation applications can take up to one year, and the application fee is $229.77 CAD for non-serious criminality and $1,148.87 CAD for serious criminality.

Other Considerations

It is important to note that even a single felony conviction that equates to a serious criminal offense in Canada can result in a lifetime entry ban. Additionally, certain crimes, such as DUI convictions, may render a person ineligible to enter Canada. Therefore, it is advisable to do thorough research and, if necessary, consult with a Canadian immigration lawyer to maximize your chances of successful entry into Canada.

Other country-specific restrictions

Canada

Canada reserves the right to refuse entry to visitors with a criminal history, including those with felony convictions, particularly if the offence resulted in a 10-year prison sentence. However, if the person was officially pardoned or rehabilitated, they may be allowed entry. For permanent immigration, individuals with a criminal history involving theft, assault, manslaughter, dangerous driving, DUI, or drug-related offences are subject to additional scrutiny and must wait five years after completing their sentence to demonstrate rehabilitation.

United States

The United States generally does not grant entry or permanent residency to individuals convicted of aggravated felonies, loosely defined as offences that resulted in imprisonment of a year or longer in the person's home country.

United Kingdom

The UK does not require a visa for visitors with American passports. However, for passports from countries that require a visa, the government conducts background checks, and the permit may be declined if officials believe the visitor intends to cause harm. Immigration officials at the border may also refuse entry.

Japan

Japan allows visa-free visits of up to 90 days. However, a visa is required for longer stays, and those with a prison sentence of over a year or a drug-related conviction are likely to be denied. Japan has a zero-tolerance policy for immigrants with drug-related convictions.

New Zealand

New Zealand denies entry to those who have committed crimes resulting in imprisonment of 12 months or longer within the past ten years. Additionally, individuals sentenced to five or more years are also barred from entry, regardless of when the sentence was handed down.

Russia

Russia requires a visa application that includes disclosing any criminal convictions. Severe convictions can disqualify an individual from obtaining a visa.

China

China may deny entry to visitors from other countries, such as Australia, if they have committed an act that is considered a regular offence in their home country but defined as a felony in China.

Australia

Australia generally denies entry to those with a criminal history resulting in a prison sentence of a year or longer. However, if the offence occurred long ago and the individual has been in good standing since then, a visa may still be granted.

Frequently asked questions