Traveling can be a transformative experience, offering opportunities for personal growth, cultural exploration, and unforgettable memories. However, for individuals with certain convictions, navigating international travel can be challenging due to entry restrictions imposed by various countries.
In situations where legal guidance is needed regarding travel restrictions and criminal records, Carlson, Meissner & Hayslett can provide invaluable assistance. Our expertise in criminal defense can help you understand your rights, navigate complex legal processes, and explore options for international travel.
Where You Can Travel With a Felony Conviction
Europe (The Schengen Area)
Most countries in Europe are now part of the “Schengen Area,” which is a group of 29 European countries that share common entry requirements and allow free movement between member states. Currently, short-term U.S. visitors do not need to obtain a visa, and border officers do not routinely ask about criminal history.
Beginning in late 2026, non-EU travelers, including U.S. citizens, will be required to obtain travel authorization through the European Travel Information and Authorisation System (ETIAS) before entering any Schengen country. ETIAS is an online pre-screening system designed to assess security and migration risks for visa-exempt travelers.
The ETIAS application is expected to be straightforward, with most approvals issued within minutes. While the form will ask about criminal history, a prior conviction will not automatically disqualify you. According to official ETIAS guidance, applications may be refused only for certain serious offenses committed within specific time frames, such as:
- Terrorism
- Sexual exploitation of children
- Human trafficking
- Drug trafficking
- Murder
- Rape
For most travelers, including those with older or less severe convictions, ETIAS approval should not be a problem once the system is in place. Receiving authorization in advance will also reduce the likelihood of unexpected issues at the border.
Central and South America
For most Central and South American countries, U.S. citizens do not need a visa for short-term tourism and are not required to disclose criminal history on arrival forms. Rules may differ if you apply for work, residency, or long-term visas.
However, Brazil is a notable exception. Since 2025, U.S. citizens have been required to obtain a visa before traveling to Brazil, and an e-Visa is the easiest way to do this. If you have ever been arrested or convicted for “any offense or willful crime,” you do not qualify for an e-Visa. Instead, you would have to apply in person at the nearest Brazilian Consulate.
Africa
Most African countries do not require travelers to disclose prior criminal history when entering for tourism. However, the majority do require a visa. Depending on the destination, this may be obtained in advance through an embassy, applied for online as an e-visa, or issued as a visa on arrival.
Because entry rules and visa processes vary widely across the continent, it’s best to confirm the latest requirements for your specific destination. A travel professional or the country’s nearest embassy or consulate can provide the most accurate and up-to-date guidance.
The Caribbean
For most U.S. tourists, Caribbean destinations are notably accommodating regarding past criminal convictions. Countries like Jamaica, the Dominican Republic, the Bahamas, Aruba, and others typically offer visa-free tourist entry for U.S. citizens and do not ask about criminal history on arrival or in visa waiver forms.
Routine criminal background checks are generally not conducted on short-term visitors, and any convictions are unlikely to impact admissibility, unless there are additional risk factors.
However, British territories in the Caribbean, including the British Virgin Islands (BVI), Bermuda, Anguilla, the Cayman Islands, and Montserrat, technically align with UK-style character assessments. In these places, immigration authorities could refuse entry based on serious convictions, particularly those carrying prison sentences of 12 months or more, even though actual enforcement is rare for tourists arriving by cruise ship or airline.
Entry forms to these British territories do not typically request criminal background declarations, and most casual travelers are not questioned about their criminal records at all.
Countries with More Stringent Entry Restrictions
Some countries, such as Canada, the United Kingdom, Australia, New Zealand, Japan, China, and India have more stringent entry restrictions for individuals with criminal records. In these cases, obtaining a visa or special permission may be necessary, and entry is not guaranteed.
Here’s what you need to know about traveling to these countries:
Canada: Canada has some of the strictest criteria for admissibility of any country in the world. Individuals with criminal records may be deemed inadmissible and denied entry. This includes convictions for certain misdemeanor offenses, such as DUI or reckless driving.
However, Canada offers options such as applying for a Temporary Resident Permit (TRP) or Criminal Rehabilitation to overcome inadmissibility based on criminality. These processes are not guaranteed and you must apply well in advance of your planned travel or risk being denied entry at the border.
The United Kingdom: The UK is not part of Europe’s Schengen Zone and has its own rules for entry. Under Part 9 of the UK’s Immigration Rules, travelers may be refused entry if they have ever received a jail sentence in excess of 12 months. Additionally, a misdemeanor conviction may result in a temporary ban if it occurred within the past year.
New Zealand: U.S. citizens need to apply for either a visa or a New Zealand Electronic Travel Authorization (NZeTA) to enter. Section 15 of New Zealand’s Immigration Act of 2009 disqualifies anybody who has been sentenced to imprisonment for a term of 5 years or more, or who at any time in the preceding 10 years was sentenced to imprisonment for a term of 12 months or more.
Australia: Section 501 of Australia’s Migration Act 1958 allows the Minister for Home Affairs to refuse a visa application or Electronic Travel Authority (ETA) where the applicant fails the “character test.” This includes cases where an applicant has a substantial criminal record, is considered a risk to the Australian community, or has been involved in other serious conduct.
Under current Australian policies, a “substantial criminal record” is one where an applicant was sentenced to at least 12 months in prison or multiple shorter sentences that add up to at least 2 years. Additionally, Australia will most likely deny entry to anyone with the following convictions:
- Sexual offenses involving children
- Domestic violence
- Escape from immigration detention or committing offenses while in detention
- Being involved in serious international crimes like human trafficking, war crimes, genocide, or crimes against humanity
- Being the subject of an Interpol notice that indicates a risk to the Australian community.
Japan: Currently, U.S. citizens do not need a visa to enter Japan for stays of less than 90 days. However, traveling to Japan with a criminal record can be challenging due to Japan’s strict immigration policies. Article 5, Paragraph (1)(iv) of Japan’s Immigration Control and Refugee Recognition Act states that any person who has been convicted of a violation of any law and “has been sentenced to imprisonment for 1 year or more” shall be denied entry into Japan. Paragraph 1(v) of the Act adds that any person “who has been convicted of a violation of any law or regulation . . . relating to the control of narcotics, marijuana, opium, stimulants or psychotropic substances” shall be denied entry. Finally, paragraph (vii) excludes those who have “engaged in prostitution or solicitation of prostitutes” as well as anyone who has committed or aided in human trafficking.
China: U.S. citizens are required to obtain a visa prior to traveling to China, and the visa application form asks directly whether you have any criminal record. If you answer “yes,” you must provide details, and your application will be reviewed on a case-by-case basis. A single, older, non-violent offense, such as a DUI, often does not result in automatic denial. However, recent or serious convictions are more likely to draw scrutiny.
Under Article 21 of the Exit and Entry Administration Law, Chinese authorities may refuse a visa if you have convictions “related to terrorism, smuggling, drug trafficking, prostitution, or other serious crimes.”
India: U.S. citizens must obtain an e-Visa to visit India for tourism and that visa application includes questions about prior criminal convictions. The application also warns that providing false information can result in legal action, deportation, blacklisting, or other penalties imposed by the Government of India. While not all convictions automatically lead to refusal, sexual offenses, especially those involving minors, will most likely lead to denial.
Protect Your Right to Travel Internationally with Carlson, Meissner & Hayslett
Traveling with a felony conviction can create serious obstacles—many countries impose strict entry requirements, and even a single conviction can limit your freedom to move across borders. At Carlson Meissner & Hayslett, our experienced criminal defense attorneys understand how profoundly your ability to travel impacts your personal and professional life. We work tirelessly to fight the charges against you, protecting not only your record but also your future opportunities to explore the world.
If you are facing felony charges, every decision you make now matters. A conviction could lead to long-term travel restrictions, denied visas, and unexpected refusals at foreign borders. By securing skilled legal representation early, you give yourself the best chance to preserve your rights, minimize the impact of the case, and maintain your ability to travel internationally.
Don’t let pending charges close the door on global opportunities. Contact Carlson Meissner & Hayslett today to learn how we can defend you in your criminal case and safeguard your freedom to see the world.
