Written by Background Check Repair
Criminal Records | April 16, 2024
Table of Contents
Traveling or moving out of the country is a daunting transition for anyone, but for individuals with a criminal record, worrying about can a felon get a visa, can be paramount.
Past transgressions may prevent convicted felons from entering certain countries.
The good news is that there are a lot of options for individuals who have criminal records and still want to travel.
It is important to understand felon visa laws and be aware of which countries restrict felon entry.
So when asking, can a felon get a visa, this complete guide provides the answers as well as the restrictions for 16 restricted countries.
Living with a criminal record can be tough, and felony travel restrictions may be foremost on someone’s mind after completing their sentence and securing employment.
Questions such as “Can you leave the country if you have a felony?”, “Can a felon get a passport?,” or “Can a felon get a visa?” can create stress and anxiety.
The U.S. Embassy’s in various countries outline who is able to enter the country and who is eligible to travel through the country on a Visa Waiver Program.
This article answers these questions and more and addresses all of the common travel concerns felons may have.
The biggest factors which contribute to felony travel restrictions are the following:
Individuals who are wanted for a crime or currently undergoing a felony trial are barred from travel, as are individuals currently fulfilling the terms of their sentence (prison time, parole and probation, fines).22 The latter two factors (nature of the crime and travel restrictions in the destination country) are not as cut and dry and are the primary focus of this article.
Drug convictions and travel are one of the trickier areas to navigate for felons. Drug-related crimes are taken very seriously by many nations, including the United States.
The code of federal regulations prohibits drug traffickers from obtaining a passport.
Persons wondering can a drug felon get a passport should note that any individual who has been convicted of international drug trafficking is barred from obtaining a US passport and is similarly barred from entering most countries.21
Even some misdemeanor drug offenses may prevent someone from securing a passport if the crime involved crossing international borders (see Cornell University Legal Information Institute).
Another common question is whether can felons travel out of state. After completing all sentencing requirements, felons can typically travel freely within the confines of the US and US territories.
However, felons currently on parole or serving probationary terms must receive a court release for out-of-state travel.
Understanding when and where can a felon get a visa is essential, but it’s also important to know what countries can a convicted felon not travel to. Anyone who finds themselves wondering “Are there countries you cannot visit with a criminal record?” should take note of the countries that are particularly strict on foreign crime. These countries include:
While some of these countries place restrictions on the severity of the felony offense and the length of time since the offense, other countries (e.g. Canada) require a waiver for any felony offense and some misdemeanor offenses.1,29
Meanwhile, many other countries, while not requiring disclosure of criminal records upon entry, may remove an individual from the country if a felony conviction is discovered. Knowing what felonies can be expunged can relieve the burden of uncertainty when traveling abroad.
The following table provides information on various countries’ travel regulations, including a list of countries a felon cannot visit. For more information about various European countries, view Travel Restrictions for Convicted Felons European Union.
| What Felonies Disqualify You From Traveling to Various Countries? | Types of Felony Disqualifiers | Other Relevant Information |
| Argentina7 |
Crimes of corruption or those which would receive a sentence greater than 3 years prison time in Argentina. Registered sex offenders may be turned away. | The passport must have 6 valid months remaining upon entry. Visa is required for stays longer than 90 days. |
| Australia16 | Any criminal conviction with a sentence of 12 months or more. Multiple criminal offenses result in a combined sentence period of 12 months or more. Registered sex offenders will be turned away. | For visits of less than 3 months, an eVisitor visa is required. * Individuals with a disqualifying offense must apply for a full tourist visa and demonstrate “good character.” |
| Brazil8 |
Registered sex offenders may be turned away. | Visa is required for all US citizens, regardless of the reason for or length of visit. |
| Canada2 | Any felony. Some misdemeanors (e.g. DUI, reckless driving, disorderly conduct, vandalism). Registered sex offenders will be turned away. | Canada is one of the strictest countries on individuals with criminal records. Individuals may apply for a Temporary Resident Permit (TRP) or criminal rehabilitation in some situations. |
| China24 | Likely any drug offense Registered sex offenders may be turned away. | Foreigners may be subjected to random drug testing. Travel to China is not currently advised by the U.S. Department of State due to COVID-19 and “arbitrary enforcement of local laws.” |
| France25 | Only felonies that prevent someone from obtaining a US passport, such as drug trafficking, terrorism, and espionage. | France is part of the Schengen Area, which allows US citizens to enter with a valid passport. Visas are required for stays longer than 90 days. |
| Germany25 | Only felonies that prevent someone from obtaining a US passport, such as drug trafficking, terrorism, and espionage. | Germany is part of the Schengen Area and allows US citizens to enter with a valid passport for up to 90 days. |
| India19 | Anyone whose name is on the Transportation Security Administration (TSA) no-fly list for suspected terrorism. Registered sex offenders may be turned away. | A visa is required for admittance to India, but the application does not include questions about criminal history. |
| Jamaica3 |
Registered sex offenders may be turned away. | A valid passport, proof of financial competence, and a return ticket are required for visits up to 90 days. Individuals should be mentally stable to enter Jamaica. Travel bans for serious crimes are effective for 5 years after sentence completion. |
| Japan6 |
Any criminal conviction resulting in a sentence of 1 year or more. Registered sex offenders may be turned away. | Recent Visa Waiver Program member. Individuals with valid U.S. passports can visit for up to 90 days visa-free. Japan may restrict the entry of indigent persons and individuals with severe mental disabilities. |
| Korea (South)20 | Crimes that prevent someone from obtaining a US passport (terrorism, drug trafficking) will prevent travel to South Korea. Registered sex offenders may be turned away. | South Korea has a reciprocal agreement with the US to permit entry to individuals with a valid US passport. A valid passport is required for stays up to 90 days. Visa (or Korean Electronic Travel Authorization (K-ETA)) is required for stays longer than 90 days. |
| Mexico9 |
Registered sex offenders will be turned away. | Expect to undergo a background check. A valid passport and visa are required for entry. |
| New Zealand30 | Any crime (committed within the past 10 years) resulting in a sentence of 1 year or more. Any crime (committed at any time) resulting in a sentence of 5 years or more. Registered sex offenders will be turned away. | |
| Russia25, 30 | Serious crimes, unspecified, which likely include:
| A visa is required for entry. The application requires biometric fingerprinting and listing of criminal convictions. Travel to Russia is not currently advised for US citizens, per the US Embassy and Consulates in Russia. |
| United Kingdom14 |
Felony crimes resulting in less than 1 year of jail time bar entry for 5 years after sentence completion. Felony crimes resulting in 1 to 4 years prison time bar entry for 10 years after sentence completion. Registered sex offenders will be turned away. | US citizens with valid passports do not need a visa. |
| United States | Aggravated felonies (those which warrant a prison sentence of 1 year or more). Registered sex offenders may be turned away. |
In most cases, a felony conviction does not prevent an individual from obtaining a US passport and the answer to can felons get a passport is often YES. However, there are some felony crimes that do bar someone from getting a passport. These include:
Additionally, individuals with active warrants, outstanding government loan debt, or child support debt may not be eligible for a passport.21
The State Department provides a quick search tool to find passport facilities around the country.
Individuals can use the Passport Acceptance Facility Search Page to find a nearby location to submit a passport application.
There are many online resources for individuals seeking a passport, and anyone can access the U.S. Passport Applications and Forms through the U.S. Department of State website.
However, before plunging into the passport application process, it is important to understand what disqualifies you from getting a passport. The following is a complete list:1
Contact the National Passport Information Center (NPIC) for more information.
Knowing what felonies disqualify you from getting a passport is an important follow-up, and the list is actually very short. Felonies involving international drug crimes and treason will bar someone from obtaining a U.S. passport.28
Note, that this is somewhat different than the question of what felonies will deny a passport as the destination country can determine whether to accept the validity of a U.S. passport or further investigate an individual’s criminal record. Some felonies which may lead a foreign country to deny a U.S. passport or require further proof of good character are likely to include:13
Find out how to check if you have a felony for free to stay informed and prepared.
Parole is an alternative to serving prison time which may be granted in some situations to allow an individual to work towards achieving a normal life. However, it is still considered part of an individual’s sentence, and therefore, the answer to can a felon on parole get a passport is typically NO.21
Many individuals with criminal records are under the impression that they must wait a specified period of time before applying for a U.S. passport. However, this is not the case, and for anyone wondering how long before a felon can get a passport, a felon is passport eligible as soon as all sentencing conditions have been met.27
Individuals can check the Online Passport Status System to follow where their application is in the process.
A US passport allows felons to leave the United States, but it does not necessarily grant permission for them to enter other countries.
In many cases, individuals are required to obtain a visa before entering foreign countries or staying for extended periods, leading to the question of can a felon get a visa.
When traveling to other countries, individuals typically need to obtain a visa from the destination country to include with their passport.
This question cannot be answered with a simple yes or no because visa requirements and the granting of a visa depends entirely upon the destination country.22 Many countries do not ask about criminal history on visa applications and those that do are primarily concerned about certain types of felonies and the recency of the offense.
A general rule to remember is that the more serious the felony crime, the harder it will be to obtain a visa in a foreign country.
Use the U.S. Department of State’s International Travel page to learn about each country’s travel requirements.
The question of when can a felon get a visa is a flip side of where can a felon get a visa. The two questions have similar answers: it depends upon the country’s travel restrictions.
The United States does not regulate when its citizens apply for visas to foreign countries, and anyone who has a U.S. passport can apply for a visa. However, many countries require that a felon wait a certain number of years before applying for a visa (e.g. Jamaica – 5 years, UK – 10 years).
Individuals with a criminal record are likely concerned about a background check for visa application. It is true that some consulates or foreign embassies mandate a criminal background check or police clearance from the home country to obtain a visa. In the case of U.S. citizens, this may come in the form of an FBI background check for a visa.
What this actually means is that the foreign consulate would receive a copy of the U.S. citizen’s FBI Identity History Summary Check or equivalent document.18
In other cases, criminal record clearance may be granted by a state law enforcement agency, but this is dependent upon the country’s visa policies.26
Most countries require visas for individuals planning to stay longer than a few months, and some countries require visas for all foreign visitors.
Each country outlines it’s own stipulations for entry, including obtaining a visa, as well as vaccinations and other requirements.
Visa applications differ by country, and in some countries, the application does not ask about past criminal history.
However, in the situation where the visa application does ask about criminal history, it is crucial for the applicant to be open and honest, as the penalty for lying on visa applications can be harsh and include a permanent travel ban.22
Many people find themselves wondering how do countries share criminal records.
In most cases, criminal records aren’t automatically shared with foreign governments (Canada/U.S. is an exception) but can be requested.1 However, many members of the European Union (EU) utilize INTERPOL to track cybercrime, organized crime, and terrorism.10
A commonly asked question is “What countries can a convicted felon travel to?” Assuming an individual is not disqualified from obtaining a passport because of an active warrant, incomplete sentence term, or international drug conviction, there are many options.
The U.S. Visa Waiver program allows visitors to come into the United States for up to 90 days without a valid visa.
The United States has reciprocal relationships established with many countries through the Visa Waiver Program which allows U.S. citizens with a valid passport to enter and stay up to 3 months without a visa. There are 40 countries named in the program, and a few of them are:
Ex-felons looking to relocate abroad are likely to wonder what countries can felons move to.
Generally, any country where a felon can successfully obtain a visa for long-term stay would also permit the individual to reside there. This includes many European, South American, African, and Caribbean nations whose residency requirements may not include a criminal background check.17
For people who are curious about European countries that allow felons to visit or even relocate, the Schengen Area is known for being receptive to individuals with criminal backgrounds.
The 26 European countries that participate in the Schengen Borders Agreement allow any felon with a U.S. passport as well as citizens from several other countries to travel freely within the area for up to 90 days.29
Access State Department websites to learn about the restrictions in the country of destination before embarking.
A new policy is set to take effect in November 2023, which will require most foreign visitors, including U.S. citizens, to apply for an ETIAS visa waiver.13
Understanding when and where can a felon get a visa is essential, but it’s also important to know what countries can a convicted felon not travel to. Anyone who finds themselves wondering “Are there countries you cannot visit with a criminal record?” should take note of the countries that are particularly strict on foreign crime. These countries include:
While some of these countries place restrictions on the severity of the felony offense and the length of time since the offense, other countries (e.g. Canada) require a waiver for any felony offense and some misdemeanor offenses.1,29
Meanwhile, many other countries, while not requiring disclosure of criminal records upon entry, may remove an individual from the country if a felony conviction is discovered. Knowing what felonies can be expunged can relieve the burden of uncertainty when traveling abroad.
The following table provides information on various countries’ travel regulations, including a list of countries a felon cannot visit. For more information about various European countries, view Travel Restrictions for Convicted Felons European Union.
There are many countries that place restrictions on felon entry and some countries which prevent felons from gaining visas. However, the list of restricted countries is likely not as extensive as many people imagine. Understanding felon visa laws in every country is crucial to determining when can a felon get a visa.
Misdemeanor probation is more informal than typical probation and does not require direct supervision.23 Queries of can you travel while on misdemeanor probation can be answered affirmatively as individuals are permitted much more freedom of movement so long as they meet their probation requirements.4
An individual may have many different reasons to leave state on probation such as for family emergencies, work opportunities, or even leisure, but can you leave the state on probation for vacation? In many cases, a probation officer may only grant permission for out-of-state travel for emergencies, but in less extreme probation cases or when the individual is not considered a flight risk, exceptions may be made.11, 22
Understanding how far can you travel on probation is crucial to preventing a violation of probation terms. Individuals on supervised probation should consider staying within their county and adjacent counties unless they receive express permission from their probation officer and the court.12
The UK and Ireland are known for being some of the strictest countries with regards to foreigners with criminal records, so is travelling to UK from US with a criminal record possible? The UK applies a “spent” concept to criminal convictions, meaning that a period of 10 years must pass after a sentence of less than 2.5 years for someone with a criminal record to enter the country.22
While closed loop cruises to and around the Caribbean have fewer passport requirements, an individual wondering “Can I travel to the Caribbean with a criminal record?” will need to look more closely at the destination country’s laws. An individual needs only a US passport to travel to some Caribbean nations, while other nations (e.g. Jamaica) have more specific travel restrictions.15
Enjoying a cruise is another great travel option for felons wondering can a convicted felon get a passport to go on a cruise. Many cruises are closed loop and do not require passports as individuals do not disembark the cruise ship, but open loop cruises stopping in other countries may require passports.5
Passport applications are handled at the national level, so to answer can a felon get a passport in Florida, an individual need only understand the national restrictions. Namely, as long as the felon does not have active warrants, is on parole or probation, has outstanding government or child support debt, or was convicted of international drug trafficking, they should be able to secure a passport.28
As long as the felon has not been convicted of an international drug crime, the answer to can a non-violent felon get a passport is typically YES.
Many people may be wondering, can you get a passport if you have a felony from 20 years ago? The good news is that as long as the felon has no active warrants, their sentence is completed, and they were not convicted of drug trafficking across international lines, they should be able to get a passport.27
Finding out if traveling on probation without permission allowed is essential to ensure that an individual does not violate the terms of their probation. An individual must be aware of their probationary terms as they can differ from case to case, but in general, an individual should never travel without permission from their probation officer and the court.22
1Canada Temporary Resident Permit Application Service. (2022). Can a Felon Get a Passport? TRP. Retrieved November 27, 2022, from <https://www.temporaryresidentpermitcanada.com/felon-passport.php>
2Canada Visa. (2022, January 20). Entering Canada With a Felony. Canada Visa. Retrieved November 27, 2022, from <https://www.canadavisa.com/entering-canada-with-a-felony.html>
3Casey, E. (2022). Can A Felon Travel to Jamaica? NCESC. Retrieved November 27, 2022, from <https://www.ncesc.com/can-a-felon-travel-to-jamaica/>
4Chambers Law Firm. (2022). Can I Take A Vacation While I Am On Probation? Chambers Law Firm. Retrieved November 27, 2022, from <https://www.chamberslawfirmca.com/ask-a-criminal-defense-attorney-can-i-take-a-vacation-while-i-am-on-probation/>
5Cruise Ship Traveller. (2022). Can Felons Go on a Cruise? Cruise Ship Traveller. Retrieved November 27, 2022, from <https://cruiseshiptraveller.com/can-felons-go-on-cruises/>
6Embassy of Japan in New Zealand. (2022). Criminal Record and Entry Into Japan. Embassy of Japan in New Zealand. Retrieved November 27, 2022, from <https://www.nz.emb-japan.go.jp/visiting_japan/resources/Criminal%20record%20and%20entry%20into%20Japan.pdf>
7Fox News. (2017, January 31). New immigration law in Argentina bans entry, expels foreigners with criminal records. Fox News. Retrieved November 27, 2022, from <https://www.foxnews.com/world/new-immigration-law-in-argentina-bans-entry-expels-foreigners-with-criminal-records>
8Gomez, R. (2021, January 7). Can Felons Travel to Brazil? (Information and Rules you Need to Know). Felony Friendly Jobs. Retrieved November 27, 2022, from <https://felonyfriendlyjobs.org/can-felons-travel-to-brazil/>
9Grucela, A. (2022, November 22). Can You Travel to Mexico With a Felony? passport-photo.online. Retrieved November 27, 2022, from <https://passport-photo.online/blog/felon-travel-mexico/>
10Halt. (2020, August 4). Do Countries Share Criminal Records? Halt. Retrieved November 27, 2022, from <https://www.halt.org/do-countries-share-criminal-records/>
11HG.org. (2022). Can I Travel Out of State While on Probation? HG.org. Retrieved November 27, 2022, from <https://www.hg.org/legal-articles/can-i-travel-out-of-state-while-on-probation-47016>
12HG.org. (2022). Can I Travel Out of State While on Probation? HG.org. Retrieved November 27, 2022, from https://www.hg.org/legal-articles/can-i-travel-out-of-state-while-on-probation-47016 <https://www.hg.org/legal-articles/travel-restrictions-while-on-probation-40235>
13HG.org. (2022). Travel Restrictions While on Probation. HG.org. Retrieved November 27, <https://passport-photo.online/blog/travel-europe-felony/>
14Laszuk, M. (2022, November 24). Can You Go to the UK With a Felony Conviction – A Quick Guide. passport-photo.online. Retrieved November 27, 2022, from <https://passport-photo.online/blog/go-uk-felony/https://passport-photo.online/blog/travel-europe-felony/>
15Laszuk, M. (2022, November 24). Can You Travel to Jamaica With a Felony – The Ultimate Guide. passport-photo.online. Retrieved November 27, 2022, from <https://passport-photo.online/blog/travel-jamaica-felony/>
16ACRO. (2022). Australia. NACRO. Retrieved November 27, 2022, from <https://www.nacro.org.uk/criminal-record-support-service/support-for-individuals/travelling-abroad-and-immigration-to-the-uk-3/declaring-your-criminal-record-when-travelling-to-specific-countries/australia/>
17Peddicord, K. (2020, September 17). 5 Countries Where You Can Establish Residency Without A Background Check. Forbes. Retrieved November 27, 2022, from <https://www.forbes.com/sites/kathleenpeddicord/2020/09/17/5-countries-where-you-can->
18Ramos, M. (2016, July 11). Are You Studying Abroad? Need to Obtain Your FBI Clearance For Your Visa Application? MRFINGERPRINTS. Retrieved November 27, 2022, from <https://mrfingerprints.com/fbi-clearance-background/>
19Stefanski, R. (2021, October 21). Can a Felon Travel to India? Felony Record Hub. Retrieved November 27, 2022, from <https://www.felonyrecordhub.com/rights/can-felon-travel-india/>
20Stefanski, R. (2021, October 21). Can a Felon Travel to South Korea. Felony Record Hub. Retrieved November 27, 2022, from <https://www.felonyrecordhub.com/rights/can-felon-travel-south-korea/>
21Summers, Rufolo & Rodgers. (2022). How Does a Felony Charge Affect Obtaining a Passport? Summers, Rufolo & Rodgers. Retrieved November 27, 2022, from <https://www.summersfirm.com/articles/how-does-a-felony-charge-affect-obtaining-a-passport/>
22Synytska, M. (2022). Can Felons Leave the Country? Lawrina. Retrieved November 27, 2022, from <https://lawrina.com/blog/can-felons-leave-the-country/>
23Traveling on Misdemeanor Probation vs Felony Probation. (2022). Traveling on Misdemeanor Probation vs Felony Probation. Delta Bail Bonds. Retrieved November 27, 2022, from <https://deltabail.com/traveling-on-misdemeanor-probation-vs-felony-probation/>
24Unlock. (2022). Travelling to China. Unlock. Retrieved November 27, 2022, from <https://unlock.org.uk/advice/travelling-to-china/>
25US Courts. (2022). Travel Restrictions for Convicted Felons European Union. US Courts. Retrieved November 27, 2022, from <https://www.paep.uscourts.gov/sites/paep/files/Convicted_Felons.pdf>
26U.S. Department of State. (2022). Background Checks and Fingerprints. U.S. Embassy & Consulate in Ecuador. Retrieved November 27, 2022, from <https://ec.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/background-check/>
27U.S. Passport Service Guide. (2022). Can you obtain a passoport if you have an old felony conviction? U.S. Passport Service Guide. Retrieved November 27, 2022, from <https://www.us-passport-service-guide.com/can-you-obtain-a-passoport-if-you-have-an-old-felony-conviction.html>
28Weinstein Legal. (2022, January 19). Can A Convicted Felon Get A Passport In Florida? Weinstein Legal. Retrieved November 27, 2022, from <https://www.weinsteininjurylawyer.com/criminal-defense-blog/can-a-convicted-felon-get-a-passport-in-florida/>
29Wiki Voyage. (2022). Traveling With a Criminal History. Wiki Voyage. Retrieved November 27, 2022, from <https://en.wikivoyage.org/wiki/Traveling_with_a_criminal_history>
30World Population Review. (2022). Countries that Don’t Allow Felons 2022. World Population Review. Retrieved November 27, 2022, from <https://worldpopulationreview.com/country-rankings/countries-that-dont-allow-felons>
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