International Welcome or Denied, Traveling Felons “Need To Know Information”

Luxurious planes, unique sleeper trains on European vacations, and incredible cars of every shape imaginable allow anyone to travel the globe. However, travelers must fully understand the laws of each land they visit if there is a history of violent or sexual crimes and recent or repeated felony convictions. 

What Is Considered a Felony When Travelling?

Each country has its own definition of a felony and violent crime. Some countries are redefining the meaning of a serious offense. For example, New Zealand, Canada, Ireland, Australia, and the United Kingdom classify a serious crime (felony) as an indictable offense, while anything less severe is a summary offense. 

International and domestic law may differ in definition nuances; however, violent and murderous acts have the same meaning in every country. The severity of a crime is recognized the world over by every law enforcement agency. For example, theft of a loaf of bread may be deemed a misdemeanor if the crime was committed for food. However, if gangs are ransacking a store for items to resell, their crime may be deemed a felony. 

• Murder and conspiracy to commit murder is a violent criminal act, no matter the country, and will be prosecuted to the fullest extent of international law.
• Human trafficking is an insidious crime recognized by law enforcement agencies worldwide. Several countries continue to exploit weak law enforcement practices.
• Sexual violence is found on the streets of every metropolitan area. However, sexual violence is often used as a means to oppress a civilian population. 
• Drug trafficking is a scourge of monumental proportions around the globe. Countries such as the United States have declared an all-out war against drugs, while some countries are complicit in the drug trade.

Each country considers several factors when allowing a person with a record into its territory. Nature, seriousness, and recency are all factors that contribute to the decision. Minor offenses are usually not a problem, but more severe crimes set off alarms. 

Why Do Some Countries Restrict Entry for Felons?

Several nations regulate the entry of immigrants with felonies into their country. However, an individual can often take pathways to circumvent these barriers. Some countries require a Visa for admittance, which is attached to the passport. A few countries deny a felon entry upfront, while others deny a felon the ability to obtain a Visa.

A felony conviction impacts a person’s daily life, no matter the country where they live. Some countries, such as Canada, restrict entry for offenses as common as a DUI. Other countries will outright deny entry for felons and many other crimes with no other pathway for entry. 

Asian countries have some of the world's most stringent restrictions on travel by far. China will ban a person with any ties to terrorism, drug trafficking, smuggling, and other felonies. Japan followed suit by denying entry to anyone imprisoned for more than twelve months. As one might expect, South Korea has some of the strictest rules for entry. Permanent bans and imprisonment are the common sentences for convicted crimes inside and out of the country. 

What Countries Felons Can’t Visit

When it is time to put together an itinerary, if your travel involves the following countries, it is best to plan an alternate route. 

Canada

Our neighbors to the north do not make it easy for anyone to enter their country, and it doesn’t matter how you travel or the length of stay. It is not unheard of for felon travelers to be denied entry due to convictions that happened years and even decades before (depending on severity). 

Felons can travel to Canada, but there are stiff restrictions.  All charges, including payment of fines, full restitution, and any probation, must be cleared for five years. To visit as often as they wish, a felon can apply for Canadian Criminal Rehabilitation. 

A short-term fix for meaningful work or vacation travel, the person can apply for a Canadian Temporary Resident Permit (TRP). It is a mistake for travelers to believe that non-disclosure is the path to take. The United States and many other countries share law enforcement databases with the Canadian government for real-time access. 

Australia

Travelers to Australia may be denied upfront if they are dishonest about visa applications and other documentation. Travelers with a history of convictions and prison will have difficulty getting into Australia. Don’t even think about covering up prior crimes. Australia bases its criteria on the traveler's “substantial criminal record,” defined as more than twelve months or more in prison, regardless of whether the sentence was served. 

Failing to disclose any convictions can result in the denial of a required Visa. The Australian Human Rights Commission defines a two-stage process, termed “a character test,” for refusing or canceling an entry Visa.

New Zealand

Visa applicants to New Zealand must first demonstrate “good character” first and foremost, meaning complete disclosure of all criminal convictions and any significant history of criminal acts. The severity of a crime is once again highlighted in a country’s decision for entry. 

Any traveler over seventeen with a criminal record may need to supply border agents with a police certificate if you were in a single country for more than twelve months over the past ten years. When assessing character requirements, authorities consider the severity of a criminal offense, which includes the time elapsed and the ultimate risk to New Zealand.

Japan

Japan has one of the harshest justice systems, with a conviction rate better than 99%, crushing some of the world’s authoritarian governments. Nearly every person charged with a felony is convicted, making it extremely difficult to get into the country with a criminal record. 

Offenses involving drugs, human trafficking, and any sentence with more than a year of jail time is a no-go crime. If you must travel to Japan with a criminal record, expect to jump through hoops to get there. 

1. Getting the right documentation to the proper authorities is an absolute necessity. 
2. Permission from the courts that charged you, no matter their age. 
3. Your point of entry may require embassy approval. No matter the documentation and the hoops you’ve jumped, border agents can deny entry to anyone. 

United Kingdom

A Visa to enter the UK is often expensive and loaded with fees. If you are refused entry, these expenses can be a costly mistake. Entry into the country is usually refused if the person has a conviction resulting in 12 months or more in prison. Again, the person's character is analyzed, along with any threat they pose to the country. 

England has three basic categories of offenses that apply to incoming travelers: Summary Only, Either Way, and Indictable Only.  According to the Criminal Justice Act of 2003-Dangerous Offenders Legislation.gov.uk, a serious offense is defined as sexual or violent in nature, punishable by more than ten years or more in jail.

Russia

Recent high-profile imprisonment and release cases from Russia should dissuade anyone with a conviction from visiting the country. Visa applications contain questions on whether the person has been convicted of any crime from any country. Evidence of the crime may be required, and Russia may ask the FBI to send a background check and fingerprinting. Even minor offenses can signal an investigation. Visa applications can only be made online, and an extensive list of documentation will follow in an email. 

United States of America

Past violent crimes, felonies, and jail time greatly impact legal entry into the United States. Background checks are the first step in determining whether a person poses a threat to the country. For immigration purposes, the US separates crimes into two distinct categories: aggravated felonies and crimes of moral turpitude. 

Fraud, deceit, and intent to harm are considered crimes of moral turpitude. Aggravated felonies include the most heinous of violent acts, such as murder, drug trafficking, rape, child pornography, and more than thirty other types of crimes. 

The US rarely considers juvenile convictions as long as they are five years old. A Visa officer carries a lot of weight in determining who gets a Visa; it is vital to have complete documentation upfront and never hide the past.

Countries With Lenient or No Restrictions For Felons

At the other end of the travel spectrum, if you have a felony conviction or jail time, consider the following countries for more relaxed immigration policies. 

Mexico

Traveling to Mexico has the same restrictions as other countries; however, it is a matter of degree. Americans traveling to Mexico find that many of the offenses and convictions in the US are shared with Mexican immigration authorities, and sex crimes are immediately denied. 

In the past, Mexican policies were extremely lax, and more recently, with advanced sharing methods, the country has tightened its policies. A glaring point on immigration into Mexico: convictions in the United States and elsewhere do not qualify as severe crimes in Mexico. 

Caribbean Countries

Each island that makes up the Caribbean Islands has its separate policies on the immigration of felons. 

Jamaica is probably the most detailed and aggressive in its approach. Felons and other violent crimes are not allowed into the country unless five years have passed. Travelers must email the Jamaican Embassy with complete documentation on the crimes, including passport, court documents, and parole officer details.

 The Bahamas: entry forms into this island state do not ask for any prior criminal acts, so immigration officials have no means to check for convictions. Travelers can write to the Director of Admissions seeking advice. 

Cuba: The government of Cuba has no access to foreign criminal databases to determine a person's criminal record, so travelers to this restricted island nation are unlikely to be flagged. However, for their visa to possibly be flagged for non-entry, they must have an international warrant or a current conviction.

South American Countries

Peru, Chile, and Colombia are three South American countries with lax to no restrictions on entry. 

Background checks in Peru are rarely considered unless the travelers are on international criminal databases or Interpol. Even Peru tourist visas and migration cards do not ask questions about a criminal's past. 

Chile has incredible scenery on all the brochures; however, the crime rate is off the charts. Criminal records are not digitized, making it impossible to track current felons and violent acts. No background checks are required if you plan to make Chile your permanent residency. 

Colombia is another country with extremely lenient immigration laws. No background checks are required for residency. Two types of Visa are available for travelers: Pensioners and Investors. There are reports of travelers taking only thirty minutes to enter the country.

Are Your Criminal Records Available Abroad?

International travelers with a criminal record should always be extremely vigilant of a destination country’s immigration laws because of fundamental or cursory changes. Background checks to discover any criminal records are notoriously slow and complex. 

Each country maintains its own set of rules and regulations for persons entering its commonwealth. The examples above show that countries either have very restrictive policies or none at all, even though criminal records are available for disclosure.

International police organizations such as INTERPOL and EUROPOL maintain millions of records on violent crime offenders, human trafficking organizations, and international crime. Member countries have access to these records, which help immigration officers maintain a healthy border if the government chooses to do so. 

Several countries around the globe maintain close relations to combat crime at every level. Agreements are put in place so that law enforcement agencies can bypass much of the red tape to get the information they need quickly.

Several reasons may exist for countries not to be as forthcoming as the originating country desires. In cases where a crime is considered minor in the originating country, juvenile offenses or an individual may have been fully rehabilitated by the letter of the law are not worth mentioning. Any “spent convictions,” meaning sufficient time has passed, and the crime is no longer visible on basic criminal records. 

Travelers may have a case where the details have been “Expunged” and are therefore not visible to anyone. This is not the case with international crime transfers. International law enforcement agencies, such as the US Citizenship and Immigration Services (USCIS) and Homeland Security (DHS), basically ignore expunged state cases.

Why Do Some Countries Restrict Entry For Felons?

Travel restrictions exist for every country in the world; however, some are as lax as making sure an immigration card has the correct comma placement. In contrast, other countries want the name, birthdate, and place of birth of every member of your family. 

In addition, any criminal convictions and entry into other nations can become a nightmare. International restrictions can come from a number of governmental and business organizations. 

Governments may want to protect their citizens from felons by restricting more offenders from crossing their borders. Airlines and other travel companies may have specific policies for felons who want to travel, and the list goes on.

A felony conviction does not necessarily prevent anyone from traveling; it is the degree, punishment, and aftermath that most governments and immigration officials are concerned with. If a felony conviction happened ten years ago, punishment was carried out, and the person has been living a crime-free life, most governments welcome the traveler. In contrast, a heinous murder carried out two years ago will debar entry into any country.

How Felons Can Prepare For International Travel

Felons, like everyone, can travel the globe depending on how prepared they are. Preparation for those with a criminal record must begin at the outset, not when the notion hits. There is a tremendous amount of information online about visas, immigration cards, and any other applications needed to make the journey. Embassies have clear and concise policies on travel restrictions for felons and criminal convictions. 

Checking Entry Requirements

Governments around the world have vastly improved their websites and access to vital information, helping travelers visit the countries in an enjoyable and safe manner. For example, the United States has created the Smart Traveler Program, which allows enrollees to document their trips abroad for emergency contact information. Most embassies inform travelers of the documents needed to enter the country, along with Visa applications.

If you are unsure of any criminal convictions, go to the Criminal Records Check at the US State Department for links to local government, the FBI, and others.

Additional Information: 

• Custom and Import Restrictions   
• US Customs and Border Protections
• Traveler’s Checklist
• Traveling Felons

Applying For A Visa With A Criminal Record

International travelers who know they have a criminal record should bring any and all information to the Embassy of the country they wish to visit. In many cases, there are waiver considerations countries may have to help those with a criminal record travel.

The first online destination should be the State Department’s list of US Embassies, Consulates, Diplomatic Missions, and Consular services, and choose the countries you wish to visit. For example, those who want to travel to the United Kingdom can navigate their way to the US Embassy and Consulates of the United Kingdom in London. From there, the first selection is Visa, which gives the traveler the information they need to get started. One more click on the Ineligibilities and Waivers, including Arrests, Cautions & Convictions, and the traveler has most of the information they need to apply for an entry Visa to the United Kingdom, or they can be denied.

One of the best strategies for felons to enter the United States is the waiver program that was put in place by the United States. This program allows foreign nationals to enter the country and effectively forgives criminal inadmissibility restrictions. The foreign national must jump through the proverbial hoop to obtain the waiver; however, in many cases, it is worth the effort. 

Countries across the globe welcome honest travelers to their country. Felons and convicted criminals must prove they have changed.