How Does a Criminal Conviction Affect Travel?

The consequences of a criminal conviction are hard to comprehend when your sentence is first handed down. In many cases, they trickle in. You may discover that you’ve been passed over for a job because of your criminal history or that your long-awaited vacation is no longer an option.

Here’s how a criminal record could affect your travel plans.

Domestic Travel Restrictions After a Criminal Conviction

In general, having a criminal record won’t prevent you from flying or driving between U.S. states. However, certain security programs and conveniences may no longer be available to you.

TSA PreCheck and Global Entry May Be Off-Limits

Programs like TSA PreCheck, Global Entry, and CLEAR require background checks and are only available to low-risk travelers. A conviction (especially for a felony) may disqualify you from these services, which means:

• Longer wait times at airport security
• More frequent secondary screenings
• Difficulty re-entering the U.S. if traveling internationally

Are You Banned from Traveling Abroad?

Frequently, this is a question without a straightforward answer. Every country has the right to decide who they will and will not allow in, and many countries have a vested interest in keeping their citizens safe. This means they may have strict requirements regarding visitors with criminal backgrounds.

Countries that Forbid Felons

Countries that commonly restrict entry for individuals with criminal histories include Canada, the United Kingdom, Australia, Japan, and China. These nations typically run background checks or ask about your criminal history during the visa or customs process. Even a single offense may be enough to result in denial.

Countries That Might Permit Felons

Other countries, such as Mexico, Thailand, and many in the Caribbean and South America, may permit entry at their discretion. Still, travelers should not assume entry is guaranteed. Some countries require a certificate of good conduct or ask you to disclose prior arrests or convictions.

Before making travel plans, you should talk to a travel agent or confirm the country’s entry requirements. Some countries require you to provide proof of a clear criminal record or a certificate of good conduct, including your criminal background.

You May Lose Your Passport

Another problem to consider is your passport. In some situations, the United States government will revoke your passport if the court takes away your right to travel internationally. Those with felonies on their record may still be able to get a passport, although those with convictions of international drug trafficking or a violent crime may not be granted a passport.

Travel Restrictions to Canada

If you have a criminal record, Canada may deny your entry. If you have a felony, you will be forbidden from entering. However, many misdemeanors will also keep you out.

Furthermore, those who try to sidestep the rules by sneaking in will likely face stiff penalties. The American and Canadian governments share substantial information about criminal convictions, and your criminal record will probably be just a click away when you stop at the border.

Canada May Forbid Entry for DUIs

People are often surprised at the offenses that can keep them out of Canada. For example, many in the United States consider driving under the influence a “minor” crime, especially since many states consider a first DUI a misdemeanor. However, it’s a severe offense in Canada. Even one DUI or DWI conviction may keep you out of Canada.

How Long Will It Take to Enter Canada?

You may be considered rehabilitated ten years after a misdemeanor conviction. This would allow you to enter Canada. This may not be an option for those who have multiple convictions. In these situations, you must petition the government for special permission.

Can You Still Get a U.S. Passport with a Conviction?

Having a criminal conviction does not automatically disqualify you from obtaining or renewing a U.S. passport. However, exceptions apply. If you were convicted of certain federal offenses, such as international drug trafficking, or if your sentence includes a restriction on international travel, the State Department can deny or revoke your passport.

Additionally, individuals with outstanding federal warrants or unpaid child support may face passport denial under specific laws. If you’re unsure whether your conviction affects your passport eligibility, consult with an attorney before applying.

Immigration Consequences for Non-Citizens

If you’re a non-U.S. citizen, a criminal conviction can be especially serious. Certain offenses (including drug crimes, domestic violence, theft, or crimes involving moral turpitude) can trigger immigration consequences such as visa revocation, inadmissibility, or even deportation.

Non-citizens returning from travel abroad may face increased scrutiny at U.S. ports of entry. Customs and Border Protection (CBP) agents have broad authority to deny re-entry to individuals with disqualifying convictions or pending criminal matters. In some cases, even lawful permanent residents (green card holders) may be placed in removal proceedings upon reentry.

If you’re an immigrant with a conviction or pending charge, you should consult a criminal defense lawyer with experience in immigration-related consequences before leaving the country.

How To Overcome Travel Limitations

Depending on your record, there may be ways to get around travel restrictions and regain some of your freedoms. For example, if you have a criminal conviction expunged or sealed, it will become much more difficult for some countries and private entities to find out about those crimes.

This doesn’t mean you’ll be granted entry into your country of choice. Some countries specifically ask about expunged or sealed records, as they will still deny admission to those who have had their slates wiped clean.

If you’re frustrated at your limited travel options after a conviction, talk to a criminal defense attorney. They can help you explore expungement and other options.

Talk to a California Criminal Defense Attorney Today

If you’ve been convicted of a crime and are worried about how it might affect your ability to travel, or if you’re trying to clean up your record, Morris Law can help. Whether you’re fighting a current charge or trying to overcome a past conviction, you can trust Morris Law to represent your best interests.

Call our team at (510) 225-9955 or contact us online to set up a consultation.