A convicted felon experiences a lot of restrictions as part of a conviction or criminal record. Convicted felons lose civil rights like voting, owning a gun, and running for public office.
The public stigma of being a felon is an unofficial punishment that makes it harder for those convicted to find work, housing, and a supportive network. But what about international travel?
Traveling is an essential part of life, and it can be a great way to learn about other cultures and broaden your horizons.
However, if you have a criminal history, it can be challenging to leave the country. In this article, we’ll look at some of the restrictions felons face when trying to travel or get a valid passport.
So, Can a Felon Leave the Country?
The short answer is that it depends on what country you’re visiting and your criminal history. In most circumstances, this will be north to Canada or south to Mexico.
In both cases, a short phone call to the consulate for that country will answer any questions and provide any forms that may need to be filled out before travel so the government is aware of your criminal records.
This is the same beyond North America. Countries will allow most convicted felons inside their borders depending on the type of crime, punishment, and country of origin. Before any international travel, you will need to get a passport.
Can a Felon Get a Passport?
If you are a convicted felon looking to travel internationally, you must get a U.S. Passport.
This small booklet is used to verify your identity and country of citizenship. You present it to border officials and customs whenever you enter a new country. You acquire a passport by filling out an application and providing original copies of documents like birth certificates. Then you take a headshot photo and send your application in after paying a small fee.
This process is a little different for a convicted felon. Getting a passport is relatively easy. It is a form of identification and, by itself, does not mean you will be traveling anywhere. There are some ways you may be denied a passport.
These Include:
- If you owe more than $2,500 in child support.
- Your conviction is related to drug trafficking.
- You have outstanding charges (felony, federal).
- You’ve explicitly been forbidden to travel by a court, probation, or parole.
- If you’re currently part of a supervised release program.
The most significant determination to getting a passport as a felon is whether you are “off paper.” That means you have fully completed all sections of your sentencing document. They will not issue a passport for someone who still has time left, even on probation. You must have completed your criminal record fully before applying.
What is an Example of Travel Abroad with a Felony?
Going from the United States to Canada is a relatively straightforward process. Most felonies will be allowed to visit with specific documentation approved by the border patrol or the consulate office. A common problem with visiting Canada is people that have a DUI conviction.
Trip to Canada:
Richard is traveling with his family for a vacation in Montreal. They are driving up the state of Maine, and all have their updated passports. When they get to border patrol, their passports are scanned.
The agents discover Richard has a U.S. misdemeanor DUI conviction on his criminal record. Because of the difference in laws between Canada and the States, Richard is not allowed to visit without prior written official permission and a valid passport. So his family goes on without him, and he stays behind at a local hotel waiting for them to pick him up on their way back down.
Canada frowns heavily on DUIs. While they are not serious crimes in the US, Canada will block foreigners from entering due to their criminal record. If you plan to travel internationally with a felony on your record, make sure the country you plan to visit will let you in.
What if a Felony has been Expunged?
A common misconception for people traveling with felony convictions is the belief that having the conviction expunged means you will have no trouble with border patrol and customs. An expungement, or when a record is sealed, means that no employer or public institution may access that criminal history detailed information.
That does not restrict government agencies from viewing the information when needed. The same is true for a few countries.
Mexico has access to certain criminal information provided by the U.S. If they run a passport of someone with felony convictions, they will find out about the court order or sentence, even if sealed or expunged.
It is Important to Remember:
Traveling with a felony conviction on your record can be a nuisance, but it does not mean you cannot visit most countries. If you do the work of contacting consulates from countries you plan to visit, then you should be able to travel at your leisure. Some circumstances will prevent you from traveling, so be sure you have completed all parts of your sentence and spoken with someone before your trip.
Why Are Felons Limited in Their Ability to Travel?
In the United States, many felons are restricted from traveling outside the country. This is because a felon may be seen as a flight risk, meaning they will flee to another country to avoid their legal obligation in the United States.
Other countries want to protect tourism. Someone with a criminal record may be denied entry. A convicted felon is not exactly an ideal candidate to enter Canada or explore freely with an unrestricted passport.
Restrictions of Travel During Probation
Travel while on probation is next to impossible. That is because someone convicted of a felony must regularly check in with probation officers.
Felons leaving for the European Union are likely to run into immigration policies restricting their ability to gain entry because they are away from oversight during their probation period.
Restrictions of Travel After Serving Your Sentence
After you have served your sentence, paid all fines and fees, and completed probation or parole, you can apply for a passport.
If you have been part of any criminal activities while abroad, applying for a new passport may take much longer than usual. The state department may wish to clean up any active warrants or prison time you have to serve before reissuing a US passport.
Are There Countries That Don’t Allow Felons?
Several countries don’t allow felons to enter. Depending on your crime, these can include Canada, France, and Japan. International borders can be tricky depending on certain offenses or past convictions. A government agency of your destination country has the final say on your visa application.
A felon’s passport associated with even a misdemeanor DUI may be acceptable in one country and illegal in another. It will depend on the particular country you are visiting.
Wrapping it Up
If you want to travel with your family and avoid the risk of being denied entry into another country, make sure to follow the rules and stay within legal bounds when planning an international trip.
Where to Learn More?
If you would like to learn more about living with a felony conviction, you may want to check out the book Getting Out: success after incarceration. It is a book about getting your life back together after incarceration written from a convicted felon’s perspective.
