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
Most European countries are now part of the Schengen Area, a zone comprising of almost 30 countries that have abolished internal border controls and allow for free movement within the area. Schengen Zone countries have uniform entry requirements for short-term visitors. If you are a citizen of a visa-exempt country (such as the United States), you typically will not be asked about your criminal record when entering for tourism or visits of up to 90 days.
However, beginning either in late 2025 or early 2026, non-EU nationals will have to apply for a travel authorization through the European Travel Information and Authorisation System (ETIAS) before arrival. The purpose of ETIAS is to pre-screen visa-exempt travelers for security and migration risks, and it will become a mandatory requirement for entry into Schengen countries.
Once ETIAS is implemented, travelers will need to complete an online application before travel. The process is expected to be straightforward, with most applicants receiving authorization within minutes. The ETIAS application will ask about criminal history, but a past conviction does not automatically result in denial.
According to the official ETIAS information page, the following serious criminal offenses committed in the last 10 years will be reviewed and are likely to result in the denial of your application:
- Criminal damage to lives or property
- Rape
- Murder
- Money laundering
- Drug trafficking
- Human trafficking
- Sex crimes against children
- Terrorism within the past 20 years
In cases where further checks on the traveler are needed, the issuing of the travel authorization could take up to 30 days.
Travelers with felony convictions or who are on probation should always verify entry requirements, visa applications, criminal history disclosure, and potential restrictions well before their trip to avoid any unexpected issues.
Countries with More Stringent Entry Restrictions
Some countries, such as Canada, the United Kingdom, Australia, New Zealand, and Japan, 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, and 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 been convicted of a felony or 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. The New Zealand authorities will review the application to determine if the traveler meets their “good character requirements.” 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, escaping 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, or 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.
Other Countries
Even if a country does not automatically deny entry based on criminal history, travelers may still need to fulfill visa requirements, including disclosing their criminal record and providing supporting documentation. In some cases, individuals with felony convictions may be eligible for entry denial waivers or special permits. These waivers typically require demonstrating a legitimate purpose for travel and complying with specific conditions set by immigration authorities.
Prior to traveling, you should thoroughly research the entry requirements of your destination country, including visa applications, criminal record disclosure, and any special permits required. You can seek guidance from legal experts, such as immigration attorneys, to understand your rights and options for international travel. You can also contact the Consulate General’s Office for the country you are wishing to travel to and ask for more information. When required to disclose your criminal history, be honest and transparent because falsifying information can lead to severe consequences, including a permanent travel ban to that country.
Navigate International Travel with Carlson, Meissner & Hayslett
Traveling with a felony conviction requires careful planning, research, and adherence to legal requirements. While some countries have lenient entry policies, others impose restrictions that must be cautiously navigated. By staying informed, seeking legal advice when needed, and following the guidelines outlined by immigration authorities, individuals with criminal records can still enjoy meaningful travel experiences while complying with legal obligations.
At Carlson, Meissner & Hayslett, our experienced team of criminal defense attorneys is here to protect your rights and help you travel internationally. If you are facing any criminal charges, Contact us today for expert legal assistance and to ensure that your travel plans remain on track!
