A felony conviction presents challenges in various aspects of life, including international travel. While it doesn’t signify the end of your ability to explore the world, it does introduce complexities. Applying for jobs or apartments and maintaining certain rights as a citizen are impacted, but many are unaware of the restrictions a felony conviction places on international travel.
Laws governing international travel are subject to constant change at state, federal, and international levels. To ensure you have the most up-to-date information, it’s critical to check directly with the embassy or consulate of the specific country you intend to visit. This article offers a general overview of publicly available laws and policies regarding criminal convictions and international travel.
Traveling to Canada with a Felony
Canada enforces strict immigration laws regarding the admissibility of travelers. According to Canadian law, a foreign national is inadmissible on grounds of criminality for:
(a) … (b) having been convicted outside Canada of an offense that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament; or (c) committing an act outside Canada that is an offense in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament.
In Canada, an “indictable offence” is similar to a felony in the United States, while “summary conviction” offenses are comparable to misdemeanors. Individuals convicted of indictable offenses are generally deemed inadmissible to Canada. Although inadmissible, a temporary resident permit may be granted under special circumstances.
Determining whether a specific U.S. felony translates to an indictable offense in Canada requires careful consideration. It’s crucial to research how your specific conviction aligns with Canadian law.
It’s important to note that inadmissibility isn’t always permanent. Canada offers a process called “criminal rehabilitation,” which can reverse inadmissible status and allow individuals convicted of certain felonies to enter the country.
Image depicting a border crossing sign between the US and Canada, illustrating the complexities of international travel with a criminal record.
Mexico: A More Lenient Approach
If beaches are more appealing than tundra, Mexico might be a viable option. Compared to Canada, Mexico’s immigration laws are more lenient regarding travelers with felony convictions.
The U.S. State Department states that “Mexican law permits Mexican immigration authorities to deny foreigners entry into Mexico if they have been charged with or convicted of a serious crime in Mexico or elsewhere.”
Article 194 of the Federal Code on Criminal Proceedings in Mexico defines “serious crimes” as those impacting fundamental societal values. Examples include:
… manslaughter; terrorism and international terrorism; sabotage; piracy; genocide; prison break; attacks on public thoroughfares; drug-related crimes; corruption of minors; child pornography; exploitation of minors; falsifying and counterfeit of currency; rape; highway robbery; trafficking in minors; trafficking in undocumented persons; aggravated robbery; vehicular theft; extortion; crimes against the environment, committed with intent; forced disappearance of persons; bearing arms reserved for the exclusive use of the Army, Navy or Air Force; smuggling into the country firearms not reserved for the exclusive use of the Army, Navy or Air Force; smuggling and comparable crimes, and; tax fraud and comparable crimes.
Many U.S. felonies don’t fall under Mexico’s definition of “serious crimes.” It is important to be aware of potential restrictions. Many travelers report that customs forms and border agents rarely inquire about criminal convictions.
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A scenic view of a Mexican beach, representing a potential travel destination for individuals with felony convictions.
Traveling to Japan with a Felony
Entering Japan differs from Canada or Mexico, especially since many visitors arrive by air, allowing border control more time to review records.
The Japanese Immigration Control and Refugee Recognition Act outlines specific reasons for denying entry:
- Individuals sentenced to a penalty of 1 year or more for any criminal offense (excluding political offenses).
- Individuals convicted of offenses related to narcotics, marijuana, opium, stimulants, or psychotropic substances, regardless of the penalty.
- Possession of these substances also results in denial.
- Individuals involved in prostitution, intermediation, or solicitation of prostitutes.
Therefore, drug offenses, prostitution offenses, and sentences exceeding one year can prevent entry into Japan. A felony conviction does not automatically result in a ban; the length of the sentence is the determining factor for general felonies.
Unlike Canada, Japan doesn’t have a criminal rehabilitation law.
New Zealand: A Stricter Approach
New Zealand is often cited as one of the most challenging countries for felons to visit. When applying for a visa or entering New Zealand, individuals must disclose all criminal records, including spent convictions. Border officials reserve the right to deny entry to those suspected of having “criminal tendencies.”
Entry will be denied to individuals in the following categories:
- Those sentenced to imprisonment for 5 years or more.
- Those with a criminal conviction within the last 10 years that resulted in a prison sentence of at least a year.
These requirements, along with the “criminal tendencies” clause, provide border officials with considerable discretion to deny entry based on a criminal record.
Countries More Accessible to Felons
Despite the restrictions imposed by some countries, numerous options remain for international travel with a felony conviction:
- France: As part of the Schengen region, a Schengen visitor or business visa is required. The application doesn’t ask about criminal convictions, and French border agents generally don’t inquire about them.
- Germany: Entry is often denied to individuals convicted of public order offenses resulting in prison sentences exceeding three years, or jail sentences exceeding two years. Drug and human trafficking offenses are also likely to lead to denial.
- Spain: Spain considers the severity and recency of the offense, as well as where it occurred. Minor offenses are less likely to result in denial, while a recent criminal history reduces the chances of entry.
- The Netherlands: Felons can typically enter the Netherlands like any other traveler. As with most countries, individuals with active warrants or those on the TSA “no fly” list will be denied entry.
- Poland: Poland’s policies are similar to those of the Netherlands.
- Italy: Individuals who have completed probation or any sentence are generally not barred from traveling to Italy. However, those on active supervision (probation, extended supervision, or parole) will be denied entry.
Facing Felony Charges?
If you are interested in international travel and currently facing felony charges, seeking legal counsel is crucial. Addressing criminal charges requires the assistance of a qualified criminal defense attorney. Protecting your ability to travel internationally can be a part of a comprehensive defense strategy.
A symbolic image of the scales of justice, representing the legal considerations involved in traveling with a felony.
Key Takeaways
Traveling internationally with a felony conviction requires careful planning and research. Understanding the specific laws and policies of your desired destination is essential. While some countries have strict restrictions, others are more accommodating. By being informed and prepared, you can increase your chances of traveling successfully, even with a felony record.
