• Having a criminal record can impact your ability to travel internationally.

• Certain countries, including Canada and the United States, may refuse entry to individuals with criminal convictions.

• Understanding the entry rules of the country you plan to visit is crucial to avoid any travel disruptions.

• Seek legal advice or information before making any international travel arrangements if you have a criminal background.

You might also be interested in the following topics:

• Why Do Employers Still Play Cat & Mouse with Criminal Background Check Results?

• Denied an IL FOID Card Due to a Criminal Offense? Make Sure to Utilize the Proper Appeals Process

• Expunging or Sealing Criminal Records Doesn’t Improve One’s Chances of Obtaining Citizenship

Introduction

The first time I learned that having a criminal background could throw a monkey wretch into someone’s travel plans occurred while volunteering at an expungement help desk more than a decade ago.

A man stopped by the help desk to find out whether he could expunge or seal his DUI conviction (he could do neither). He explained that he and several friends drove up to Canada to fish but he was turned away at the border because of his DUI conviction.

Many Countries Bar Entry to People Who Have a Criminal Conviction

Not surprisingly, Canada is not unique in refusing entry to someone who has a criminal conviction. The United States also bars entry due to certain criminal convictions.

What is unique about Canada is that it refuses entry due to felony and certain misdemeanor offenses. Most countries who have such entry restrictions tend to focus on felony convictions.  

Because entry rules vary from country to country (excepting countries which make up the Schengen Area[1]), the quickest way to determine if a country bars entry due to a criminal conviction is to start by contacting that country’s local Consulate office.

Advance Entry Determinations and Waivers

Canada is unique among countries in that it offers both preapproval and waiver options to those who have a criminal conviction. Depending on the age and nature of the conviction, some individuals may be “deemed” rehabilitated (without having to undergo a formalized vetting process). In that instance, they will be allowed into the country.

That said, individuals who want to verify that they are “deemed” rehabilitated can request an “assessment” of their status by completing an Application for Rehabilitation and checking the “for information only” box on the form.  

For those that don’t meet the criteria for being “deemed” rehabilitated[2], an Application for Rehabilitation must be submitted to the Canadian Consulate. If the application is approved, the criminal bar to entry is permanently waived (lifted).

Like a petition for clemency, an Application for Rehabilitation asks for a great deal of personal information: employment and housing history, certified court dispositions for all of one’s criminal cases, and a written statement describing one’s road to rehabilitation. The application fee is $1,333.87. It can take up to a year or longer to obtain a decision.

If someone is not yet eligible to apply for rehabilitation,[2] s/he can apply for a Temporary Resident Permit (TRP) instead. These permits are good for three years. It is recommended that one only apply for a TRP if ineligible for a rehabilitation waiver.     

Some Countries Only Make Entry Decisions at the Border

What prompted me to revisit the subject of travel restrictions was a question from an individual: Would Ireland deny entry due to an old felony conviction? Having never looked at Ireland’s entry rules, my curiosity got the better of me.

After a brief internet search, I contacted the local Irish Consulate. The Consulate referred me to its Border Management Unit (BMU). The BMU (at the Dublin Airport) stated that, under its Immigration Act, border agents had discretion to deny entry based on a felony conviction.

When I asked if Ireland has a preapproval process (like Canada’s), I was told that none existed and that these decisions are made only at the time entry is sought.

The fact that Irish border agents exercise unlimited discretion in granting entry, absent mandatory conviction bars, should mean that visitors (to Ireland) will more likely be reviewed on their individual merits.

Most Countries Have Rules Barring Entry Without Review

Unlike Ireland, most countries automatically deny entry due to certain criminal convictions.

Among countries within the Schengen Area, entry is barred for: 1) any crime resulting in a prison sentence three years or longer, 2) drug trafficking convictions resulting in a prison sentence two years or longer, 3) human trafficking, and 4) lying to a border agent about one’s criminal history.

In the United Kingdom, automatic bars to entry fall into one of the following categories: 1) anyone sentenced to a one-year (or longer) prison term, 2) a “persistent [repeat] offender,” or 3) crimes resulting in “serious harm.” Serious harm is defined as physical or psychological harm that resulted from violence, a sex offense, a racially-motivated act of violence, or a drug-related crime.

Conclusion

As this article highlights, there are countries in Europe and elsewhere that do not welcome criminal offenders with open borders.

Due to the complexity and variety of border entry laws, it is essential that one contact the local consulate for their intended destination prior to making any travel arrangements.

No one wants to get on a plane or drive nine hours only to be turned away at the border of another country.

[1] The Schengen Area is made up of the following European Union (E.U.) countries: Belgium, France, Germany, Luxembourg, Netherlands, Italy, Spain, Portugal, Greece, and Croatia.

[2] At least five years must pass from end of last criminal sentence before one can apply for a rehabilitation waiver.