International travel can be a challenging process for individuals with a criminal record. Many countries impose travel restrictions on convicted felons, and the requirements vary depending on the destination country and the nature of the past convictions.
Once they’ve got a passport, felons can generally leave the country unless they are on probation, parole, or part of a supervised release program. However, entering another country is an entirely different matter. Immigration laws in many countries can affect a convicted felon’s ability to travel, especially if their criminal convictions involve serious crimes such as drug trafficking, human trafficking, or violent offenses.
This article will provide you with more details on the entry requirements for some of the most common travel destinations.
Countries Felons Can and Cannot Visit
Canada
The rules that determine what makes someone criminally inadmissible to Canada are set out in the Immigration and Refugee Protection Act (IRPA):
- Inadmissibility on the grounds of Serious Criminality – Committing or having been convicted of an act outside of Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of 10 years or more.
- Inadmissibility on the grounds of Criminality – Committing or having been convicted of an act outside of Canada that, if committed in Canada, would be punishable by way of indictment OR having been convicted outside Canada of any two offenses not arising out of a single occurrence (summary or indictable).
An indictable offense is a more serious offense, similar to a felony in the US, while a summary offense is generally less serious and more like a US misdemeanor.
In simple terms, this means that most individuals with previous felony convictions and some individuals with previous misdemeanor convictions would automatically be deemed criminally inadmissible to Canada.
The three ways to overcome criminal inadmissibility to Canada are to be Deemed Rehabilitated by the passage of time or to obtain either a Temporary Resident Permit or Criminal Rehabilitation.
Dogen Law has years of experience offering efficient, personalized guidance to those with criminal records who wish to enter Canada. Our team can review your unique situation and seamlessly guide you through the application process. Get in touch today to request a free assessment of your case.
Mexico
Mexican law technically restricts individuals with convictions for certain serious crimes from entering into the country, but in reality, it is often reported that enforcement of these laws tends to be lax or inconsistent for short-term visitors such as tourists.
If you are asked to complete an Immigration Card on arrival to or departure from Mexico, it will not have any questions about your criminal record on it.
An individual who is seeking a Mexican visa for a longer-term stay will likely be exposed to a much higher level of scrutiny by Mexican immigration officials. The rules surrounding when the authorities can deny the issuance of a visa on the grounds of an individual’s criminal background are set out in Article 43 of Mexico’s Immigration Law.
This law grants significant discretion to immigration officials in determining whether someone presents a risk to public safety.
Japan
If you travel to Japan as a tourist or to visit family and friends, you will be required to complete an Embarkation and Disembarkation Card before being allowed to enter. This form includes questions about your past criminal history.
Japanese immigration authorities are likely to refuse entry to individuals who:
- Have ever been sentenced to a prison sentence of 1 year or more in any country
- Have ever been convicted and sentenced for any drug offense in any country
If you fall into one of these two categories, it usually does not matter how old or how minor the conviction was.
With that being said, the Japanese government does not have extensive information-sharing agreements in place with the US government and, therefore, usually relies on self-declaration by travelers instead of criminal background checks.
Despite this, engaging in deception or misrepresentation of your criminal record to Japanese immigration authorities is a criminal offense, and anyone found to have engaged in it would likely face deportation and a lengthy exclusion period.
The European Union (ETIAS from mid-2025 onwards)
ETIAS is a travel authorization system for non-EU citizens who don’t need a visa to enter the Schengen Area (this includes US citizens). It is expected to launch in mid-2025 and is similar to the ESTA system in the US, which forms part of the US Visa Waiver Program.
ETIAS is designed for individuals who would like to visit Europe for a short stay (up to 90 days within any 180-day period). If you are a US citizen visiting Europe, you will need an ETIAS to travel to the following countries in the Schengen Area:
| Italy | Spain | France | Germany | Sweden |
| Netherlands | Austria | Belgium | Croatia | Slovenia |
| Czech Republic | Denmark | Estonia | Finland | Slovakia |
| Greece | Hungary | Latvia | Lithuania | Portugal |
| Luxembourg | Malta | Poland |
There are a number of countries outside of the Schengen Area that will also require an ETIAS:
| Bulgaria | Cyprus | Romania | Switzerland |
| Iceland | Liechtenstein | Norway |
It is expected that Ireland will be the only country within the European Union that goes by different rules and, therefore, will not require an ETIAS.
Getting an ETIAS with a Criminal History
Details about applying for and being granted an ETIAS when you have a criminal record have not yet been fully finalized. However, having a criminal record will not automatically disqualify you from getting one.
The application process is expected to involve questions about any criminal convictions received in the last 10 years or the last 20 years for cases involving terrorism offenses.
Your chances of success will depend on the nature and severity of your crimes, the time since conviction, and the severity of the sentence imposed on you.
It is also likely that even if granted an ETIAS, travelers will still be subject to country-specific entry requirements surrounding criminal history. If you are granted an ETIAS, you could still be deemed criminally inadmissible and denied entry to some EU countries.
Australia
To be able to travel to Australia as a US felon, you must be able to be judged as having good character and as posing no risk of engaging in criminal conduct whilst in Australia. If you hold a ‘substantial criminal record,’ you will not be able to pass this character test.
You will be regarded as having a substantial criminal record for the purposes of the character test in the Australian Migration Act if you have been:
- sentenced to a term of imprisonment of 12 months or more
- sentenced to two or more terms of imprisonment (even if served concurrently) where the total is 12 months or more
- found by a court to not be fit to plead in relation to an offense but found to have committed the offense and detained in a facility or institution
You can learn more about the full set of character requirements on the Australian Department of Home Affairs website.
United Kingdom (England, Scotland, Wales)
When it comes to travelers with a criminal record, immigration rules in the United Kingdom are very strict. They state that an individual must be refused entry if they:
- have ever been convicted of a criminal offense for which they were sentenced to 12 months or more imprisonment
- were either convicted of a criminal offence or have finished a term of imprisonment in the last 12 months
- are a persistent offender who shows a particular disregard for the law
- have ever committed a criminal offense which caused serious harm
Those who have been convicted of lesser offenses or who have been imprisoned for terms of less than 12 months can still be refused entry. The final decision will be at the discretion of the immigration officials involved in assessing your case.
Electronic Travel Authorization (ETA)
From January 8, 2025, all US citizens transiting through or traveling to the United Kingdom for tourism, family visits, business meetings, conferences, or short-term study for 6 months or less will require an Electronic Travel Authorization (ETA) prior to travel.
The ETA application process includes mandatory questions about an individual’s previous criminal convictions.
While UK immigration authorities do not usually have access to information about foreign criminal records, it is important to note that if someone is found to have engaged in any form of deception or misrepresentation regarding their criminal convictions, the immigration rules state they must be refused entry. They would also likely face a further, lengthy exclusion period.
How Dogen Law Can Help
If you’re planning to visit Canada but have a past felony conviction that could make you inadmissible, seeking guidance from an immigration lawyer can significantly simplify the entry process.
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to visit or immigrate to Canada. Our team can assist you with applications for Temporary Resident Permits and Criminal Rehabilitation to help you overcome criminal inadmissibility to Canada.
Get in touch today by completing our online assessment to see if you are eligible. If you still have questions about the process, you can also call our toll-free number for a free consultation.
Frequently Asked Questions – Quick Answers
Can you leave the US if you have felony convictions?
Yes, in most cases, individuals with felony convictions can leave the United States once they have served their sentence. However, if you are currently on probation, parole, or under a supervised release program, you may need permission from your probation officer or a court to travel internationally.
It’s important to remember that having a passport and being able to fly does not guarantee entry into another country – each destination has its own set of rules regarding who is allowed to enter.
Can a felon go to Mexico on vacation?
Technically, Mexico’s immigration laws prohibit individuals with serious criminal records from entering the country. However, many people report that these rules are rarely or inconsistently enforced when it comes to short-term visitors.
Can you travel internationally with a felony conviction?
Being able to travel internationally as a felon depends on the immigration policies of the destination country. Some have very strict rules regarding previous criminal convictions and conduct very thorough background checks, while others pay less attention to this aspect.
It’s important to do your research on each potential destination before attempting to travel.
Can a felon go to the Bahamas?
Yes, felons can typically travel to the Bahamas without issue, provided they have completed their sentences and are not on probation or parole. The Bahamas does not routinely perform criminal background checks on short-term travelers, and US citizens do not require a visa for stays under eight months.
What countries don’t do criminal background checks?
Whether background checks are carried out varies widely depending on the destination country and the reason for your travel. In general, someone applying for a long-term visa or residency will attract more scrutiny than a tourist or other short-term visitor.
Countries that are known to not routinely perform criminal background checks on visitors include Mexico, the Bahamas, Jamaica, Chile, and Colombia.
Can you fly as a convicted felon?
Yes, in most cases, individuals with previous felony convictions can fly out of the United States once they have served their sentence. However, if you are currently on probation, parole, or under a supervised release program, you may need permission from your probation officer or a court to travel internationally.
It’s important to remember that having a passport and being able to fly out of the US does not guarantee entry into another country. Each destination has its own set of rules regarding who is allowed to enter.
Can a US felon go to Japan?
Japan has quite strict immigration laws and typically denies entry to individuals who have serious felony convictions on their criminal record. Anyone who has been sentenced to more than 1-year imprisonment or has been convicted of even a single drug offense would likely be refused entry.
If you fall into one of these two categories, it usually does not matter how old or how minor the conviction was. More details can be found in the Japan section above.
Can a felon go to England from the USA?
Whether individuals with a US felony record can travel to the UK (including England) depends on the severity of their crimes. Those seeking entry into the UK will be refused if they have been convicted of any offense in the last 12 months or if they have ever been sentenced to a term of imprisonment of 12 months or more.
More details can be found in the UK section above.
