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FROM THE DEFENSE DESK / CRIMINAL DEFENSE
19 MAR 2026 · 5 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: TRAVEL · CRIMINAL RECORDS
DOCKET NO. 060 · THE DEFENSE DESK

Travel restrictions with a criminal record: the complete map.

Three separate systems decide whether you can travel: your court, your passport, and the country at the other end. Most people check the middle one and get surprised by the other two. Here is the whole board.

Todd A. Spodek
Todd A. Spodek
MANAGING PARTNER · 19 MAR 2026 · 5 MIN READ
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System one: your court.

Active case or active supervision means the court owns your movement. Pretrial release confines most federal defendants to a district; probation and supervised release require advance permission for any international trip and often for interstate ones. The mechanics are motion practice: a specific itinerary, a legitimate purpose, a compliance record, and - usually - the probation officer’s non-objection secured in advance. Judges grant these more than folklore suggests, particularly for work and family emergencies, and deny them fastest when the request looks improvised. Traveling without permission is not a paperwork problem; it is a violation with detention exposure.

System two: your passport.

Covered fully in this desk’s passport briefs: felony records do not bar passports, but four flags do - § 2714 international drug convictions, certified child-support arrears, outstanding federal warrants and no-departure orders, and (functionally) supervision conditions. The passport is the easiest of the three systems to satisfy, and the one people wrongly worry about most.

IF THIS IS YOUR SITUATION
Stop reading. Start defending.

System three: the country at the other end.

Foreign entry is where records actually bite. Canada is the famous one - DUIs and most felonies trigger inadmissibility, curable only by Temporary Resident Permits or criminal rehabilitation applications filed in advance. The UK weighs sentences over twelve months heavily; Australia’s character test refuses substantial records; Japan bars many drug convictions outright; and the visa-waiver ESTA form asks about arrests for crimes of moral turpitude - falsely answering which is its own federal offense. Every destination is its own statute book, and the airline can deny boarding before the border ever gets the chance.

THE THREE SYSTEMS · WHO SAYS NO
THE COURTSupervision + open cases: permission required. Violations mean detention exposure.
THE PASSPORTFour narrow flags - drug § 2714, child support, warrants, no-departure orders.
THE DESTINATIONCanada, UK, Japan, Australia: their rules, their forms, their refusals.
THE FIX ORDERCourt permission → passport clearance → destination waiver. In that order.

The sequence that works.

Plan backwards from the destination: check its admissibility rules first (waivers take months), confirm the passport is clean second, and file the travel motion third - with the whole package attached, because a judge who sees the destination country already said yes says yes faster. And if the record is old: expungement, sealing, and pardons change answers in all three systems. The consultation is free - bring the itinerary.

Todd A. Spodek
THE AUTHOR
Todd A. Spodek
Managing partner. Second-generation federal defense lawyer - the Netflix defense, the Fox and CNN analyst chair, and two decades of federal courtrooms.
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