Restrictions on Travel and Leaving the Country with a Criminal Record

Travel Restrictions for People with Criminal Records

Having a criminal record can make travel a hassle. There’s restrictions on leaving the country, extra screening at airports, and even bans from flying altogether. This article breaks down what convicted felons and people with records need to know before booking vacations or business trips.

Leaving the U.S.

For domestic travel within the U.S., there’s generally no restrictions based on criminal history. You can fly or drive wherever with a valid state ID. But leaving the country is trickier, especially if you have a felony conviction.

Needing Permission to Travel

People on parole or probation usually need permission from their parole officer to leave the country. The terms vary, but generally you must provide your itinerary and reason for travel. Probation officers need to know your travel plans in case you miss a mandatory check-in. Some may require regular call-ins from out of country. Others may deny international travel completely. If you violate these terms, it could lead to a probation violation.

People with felony drug convictions may need to request court permission before leaving the country, even after parole ends. You’ll have to convince the judge that travel is necessary and you’re not a flight risk. Not easy if it’s just for a vacation! This restriction can last for years after the sentence ends.

Passport Troubles

Getting a passport with a criminal history can be nearly impossible depending on the crime. Passports are issued by the State Department, who will review FBI records and deny passports to:

• People convicted of felony drug offenses
• People with warrants out for their arrest
• People who owe $2,500+ in child support

There’s an appeal process, but it’s uphill. You’ll have to demonstrate rehabilitation and present evidence of need for travel. Even then, many appeals are denied.

Entering Other Countries

Even if you get permission to leave the U.S., many countries restrict entry for people with criminal records. Some ban entry for all felons. Others bar people with drug convictions, money laundering charges, or crimes involving “moral turpitude” like fraud. Visa applications often ask about criminal history and give immigration officers discretion to deny entry. It’s impossible to predict how any given country will respond to a record, so international travel always carries risk.

Flying Commercial Airlines

Domestic and international airlines can also bar people with certain criminal convictions from flying. Each airline has their own policies, but there are some general rules:

The No-Fly List

The FBI maintains a secret “No-Fly List” of people banned from air travel for security reasons. There’s no public information on who is on it or why. But leaked documents show the list had over 47,000 people as of 2013, including hundreds of Americans. Getting mistakenly put on the list can happen surprisingly easily – just having a similar name to a suspected terrorist can do it. Once you’re on, it’s extremely difficult to get removed. The appeals process has been criticized as Kafka-esque. Some people spend years fighting to get off the list, unable to fly the whole time.

Felony Convictions

Most airlines do not allow recently convicted felons to fly. Policies vary, but expect a 5-10 year ban after conviction. The exact restriction depends on the crime, with violent crimes and terrorism resulting in longer or permanent bans. Past felons must apply for reauthorization to fly. Airlines will conduct background checks and evaluate rehabilitation efforts before allowing felons to fly again. It’s an arduous process with no guarantee of success.

Disruptive Behavior

Getting kicked off a plane for bad behavior will also get you banned from that airline. Incidents get reported to a central database all carriers can access. Some air rage incidents result in multi-year bans across all major airlines. Airlines share info to prevent disruptive passengers from simply switching carriers.

Tips for Traveling with a Record

Navigating travel with a rap sheet is tricky but not impossible. Here’s some tips for making it go more smoothly:

• Know the restrictions – Research each country’s entry rules and airline policies before booking.
• Get documentation – Have paperwork from parole officers and courts permitting travel.
• Book refundable fares – In case entry is denied at the border.
• Apply for reauthorization – Talk to airlines about requirements to allow convicted felons to fly again.
• Maintain good behavior – Follow all laws to the letter to demonstrate rehabilitation.
• Consult an attorney – Legal experts can advise on restoring rights.

While having a criminal record adds hassle to travel, with proper preparation it is possible. Restrictions loosen over time as rehabilitation is proven. An experienced lawyer can explain the process for restoring rights in a particular case. With persistence and compliance, many convicted felons successfully travel internationally again. But it takes effort to get there.

Citations

Roberts, Jeff John. “No Fly List.” Encyclopedia Britannica, 20 July 2016. https://www.britannica.com/topic/No-Fly-List

Nolo Legal Encyclopedia. “Criminal Records and Travel.” Nolo, 2022. https://www.nolo.com/legal-encyclopedia/criminal-records-and-travel.html

Nichols, Chris. “Can a Felon Travel to Canada?” Felon Voting, 2021. https://felonvoting.procon.org/can-a-felon-travel-to-canada/

Roberts, Jeff John. “No Fly List.” Encyclopedia Britannica, 20 July 2016. https://www.britannica.com/topic/No-Fly-List