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Can I Enter the USA with a Criminal Record?

If you have a criminal record and are planning to travel to the United States of America you might face difficulties when applying for a tourist visa or an ESTA visa waiver , or when entering the country. However, this is not to say it is impossible.

Individuals convicted of crimes of moral turpitude will not be treated the same as those who have misdemeanor charges such as “Driving under Influence” (DUI). Whether you will be granted an ESTA or a visa depends entirely on the details of your criminal history .

This article explains the types of crimes that are unlikely to affect a traveler’s chances of being granted access to the United States and serious crimes that could be problematic.

Can I Go on Holiday to America with a Criminal Record?

It is possible to go on vacation to the U.S. with a criminal record for a minor offense.

Criminal convictions for the following misdemeanours are unlikely to result in denial of entry or a visa/ESTA application rejection:

• Drinking and Driving / Driving under the influence
• Illegal trespassing

A single non-serious crime is not, in most cases, sufficient grounds for denial of entry. However, if you have committed these crimes repeatedly, then entry/visa/ ESTA rejection is possible.

Having a criminal record does automatically make an individual ineligible for ESTA: cases are assessed on an individual basis and depend on the specific nature of the offense(s): Drug convictions are very likely to cause an application to be rejected.

Offenses classified as crimes of moral turpitude by the U.S. government

Crimes of moral turpitude can generally be divided into the following categories:

Crimes against Property

Crimes against property include:

Crimes against governmental authority

Offenses in this category classed as CMT include:

• Mail/wire fraud
• Tax evasion

Personal, relationship and sexual crimes

This is one of the largest categories of crimes of moral turpitude and covers offenses such as:

• Abandonment of a child
• Gross indecency
• Manslaughte

Aiding and abetting, conspiracy

This category covers criminal records obtained for playing some role in a serious crime or attempted serious crime:

• Accessory to a CMT
• Aiding and abetting a CMT
• Attempt to commit a CMT
• Taking part in a conspiracy to commit a CMT

Crimes of various nature may be included in the list in one country, while in a different country the classification may be different. Nevertheless, all travelers with a criminal record must bear in mind that the essential regulations are those of the United States . For this reason, it is advisable to seek advice from an attorney at law if hoping to travel to the US with a criminal record for a crime of moral turpitude.

Travelling to America with a Criminal Record

All convictions must be declared , and all answers to the related ESTA / Visa application questions must be honest and truthful. Failing to do so will lead to severe consequences should a U.S. immigration officer determine fraud has been committed by omitting or lying about their criminal history. Substantial penalties and legal action will follow.

If you are from a country, such as the United Kingdom, where the law allows you to avoid full disclosure of some criminal convictions, note that making a visa or an ESTA application for the United States waives all such rights.

All applicants, regardless of their nationality, must disclose any past and/or present criminal information fully. Those who are applying for a tourist visa for the USA will go through the official interview stage. Should you have a criminal record, you will be required to show official documentation related to the conviction during the interview process.

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Travelling to USA with criminal record: Requirements and How to Apply

In this article

What criminal convictions can cause an ESTA to be denied?

• Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
• Have you ever violated any law related to possessing, using, or distributing illegal drugs?
• Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?
• Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?
• Are you currently seeking employment in the United States or were you previously employed in the United States without prior permission from the U.S. government?
• Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?
• Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?
• Have you traveled to, or been present in Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen on or after March 1, 2011?

How long do convictions affect your US visa applications?

Provide details of your criminal record, provide official confirmation of your criminal record – police certificate, what if i was convicted in the united states, how can i increase my chances of being successful.

• The reason for traveling to the USA with a criminal record
• If you have family ties in the USA
• Express remorse regarding your conviction
• Must show a change in your character - good moral character
• The financial ability to fund your stay
• Having a paid job in the USA
• Provide as much information as possible to hand to the interviewer

Who can apply for an ESTA?

What happens if an esta is denied, what eligibility questions are asked for an esta application.

• Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases (communicable diseases are specified pursuant to section 361(b) of the Public Health Service Act): Cholera, Diphtheria, Tuberculosis infectious, Plague, Smallpox, Yellow Fever, Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, Crimean-Congo, Severe acute respiratory illnesses capable of transmission to other persons and likely to cause mortality?

Written by Abisola Fikayomi

Abisola is an accomplished writer interested in US Travel, immigration, passports and visas. She’s passionate about exploring new places and cultures and willing to share her experiences, expertize and findings with others. That is her primary drive for specialising in this industry.

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Criminal Record Checks

U.S. citizens may need a "certificate of good conduct" or proof that they lack a criminal record. These may be needed for many reasons abroad. These reasons may include adoption, school, and work. U.S. police may not know about this process because it is rare in the United States. U.S. citizens have many options to prove they have no criminal record.

Local Police Check

Go to your local police department where you live or last lived in the United States. Ask that the police conduct a local or state criminal records search. Ask that they provide a document showing you have no history of a criminal record. Police departments may need you to be there in person to request the background check.

Check if the country where you will use the records requires authentication. For information on that, please see our page on authentications .

FBI Records Check

The Criminal Justice Information Services (CJIS) Division of the Federal Bureau of Investigation (FBI) is in charge of an FBI records check. They are responsible for criminal justice information. They work with law enforcement and governments around the world. They also work with private organizations and citizens like you.

The FBI offers two ways to request your FBI Identification Record or to prove that no record exists:

• You may get a copy of your record by submitting a written request to the CJIS Division. The request must include proof of identity. This proof must include your name, date and place of birth, and a set of rolled-inked fingerprints (which can usually be obtained at your local police department). If there is no criminal record, they provide a report reflecting this fact. The FBI will not provide copies of other people's arrest records to you.  See www.FBI.gov for current processing fees and more information. See also Identification Record Request and Guide for Obtaining Your FBI Identification Record . Lastly, see Submitting an Identification Record Request to the FBI.
• You may also submit a request through an FBI-approved channeler. A channeler is a private business that has contracted with the FBI. They receive your fingerprint submissions and data. They also collect any fees. Then they send the submissions and information to the FBI. The FBI will give them the background check results, and they will give them to you. See www.FBI.gov for the list of FBI-approved channelers.

Note: You must submit a request directly to the FBI CJIS Division if you need:

• An apostille or authenticated copy of your FBI Identification Record
• An FBI Identification Record as a non-U.S. national or permanent resident

The U.S. Department of State Authentications Office can attach an apostille to a document for countries in the Hague Apostille Convention. For countries not in the convention, they will add a certification over the FBI seal.

Getting Your Fingerprints Taken

You should be able to get fingerprint cards from your local police or at www.FBI.gov . U.S. embassies and consulates abroad do not provide these services. See Fingerprint Identification: An Overview.

Authentication of Police or FBI Certificates of Lack of a Criminal Record

CJIS will authenticate U.S. Department of Justice Order 556-73 fingerprint search results for international requests. They do this if requested at the time of submission. They do so by placing the FBI seal and signature of a Division official on the results.

If needed, you can then send this document to our U.S. Department of State Authentications Office. They can authenticate it for you. Be sure to tell them what country you will use the document in.

Documents from your local police will need more than their seal. You will need more authentication. Contact your state Secretary of State’s office or other designated officials in your state. They can help you authenticate state-issued documents. See our general guidance on authentication of documents for use abroad .

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The Impact of a Criminal Record on Travel to the United States

Traveling to the united states with a criminal record can have significant implications. depending on the severity of the offense, individuals may be denied entry or be subject to additional scrutiny. it is crucial to understand the u.s. immigration laws and consult with an immigration attorney for guidance on how a criminal record could impact travel plans to the united states..

Quick Glance:

• Planning to travel to the United States ? A criminal record can affect your ability to visit, depending on various factors and U.S. immigration laws. Understand the visa application process and truthfully disclose your criminal history.
• Drug offenses and DUI convictions can have a significant impact on your eligibility to travel to the U.S. unless mitigating circumstances apply.
• There is a possibility of obtaining a waiver of inadmissibility, which allows entry into the U.S. despite having a criminal record. Additionally, the Visa Waiver Program and ESTA may be options for certain countries. Traveling can be an exciting adventure, full of opportunities to explore new places and cultures. However, it’s essential to understand that having a criminal record can create hurdles when you’re planning a trip to the United States. The impact of a criminal record on your ability to visit the U.S. depends on various factors, including the nature of the offense, the time that has passed since the conviction, and the specifics of U.S. immigration laws. Let’s dive into this issue and explore some key points about how a criminal record may affect your travel plans to the United States.

Understanding the Visa Application Process

One of the first steps in planning your visit to the U.S. is applying for a visa. During the application process, you will be required to answer questions about your criminal history. It’s crucial to answer these questions truthfully; a false declaration can lead to more severe consequences than the record itself. If you have been convicted of a crime, the U.S. consular officer will consider the details of your offense and whether it counts as a crime involving moral turpitude (CIMT) or a controlled substance violation under U.S. laws.

A CIMT generally refers to an offense that demonstrates depravity or is considered contrary to community standards of justice, honesty, or good morals. Examples of CIMTs include fraud, larceny, and intent to harm persons or things. If your offense falls under this category, you might be inadmissible to the U.S.

Drug Offenses and DUIs

Drug offenses can have a significant impact on your ability to travel to the U.S. Anyone convicted of or who admits to having violated any law related to controlled substances, except for a single offense of simple possession of 30 grams or less of marijuana, is potentially inadmissible.

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DUI (Driving Under the Influence) convictions are treated differently and are not deemed a crime involving moral turpitude unless related to other aggravating factors, such as repeat offenses or associated with injury to people or property. However, multiple DUI convictions could raise questions about your admissibility due to possible alcohol addiction.

Waivers of Inadmissibility

Even if you have a criminal record, there’s something referred to as a “waiver of inadmissibility.” This waiver is a formal document that may allow you to enter the U.S., even with your criminal record. Obtaining this waiver involves an application process that requires demonstrating that your visit would not pose a risk to the U.S. community and that there are compelling reasons for your visit.

The Visa Waiver Program and ESTA

If you are from a country that is a part of the Visa Waiver Program (VWP), you might not need a visa to travel to the U.S. for business or tourism for visits of 90 days or less. Instead, you’ll need authorization through the Electronic System for Travel Authorization (ESTA). When applying for ESTA, you’ll still need to disclose any criminal history. A conviction does not automatically disqualify you, but a denial in ESTA will require you to go through the regular visa application process where you can detail your circumstances comprehensively.

Looking Forward

Remember, a criminal record does not forever close the doors to the United States. Each case is unique, and circumstances can alter the effect your criminal record has on your travel plans. For the most current and detailed advice, it’s best to consult an immigration attorney or visit official websites like the U.S. Department of State’s Bureau of Consular Affairs or the U.S. Customs and Border Protection before making any travel arrangements.

The key takeaway here is to be candid about your history and seek proper legal guidance. By understanding how a criminal record might affect your travel to the United States and knowing about the resources available to navigate these waters, you can better prepare for any challenges that lie ahead on your journey. Whether it’s securing a waiver, applying for a visa, or understanding the complexities of the Visa Waiver Program, there are steps you can take to help ensure your travel plans go as smoothly as possible.

So, there you have it! Navigating the world of travel with a criminal record can be a bit tricky, but don’t worry, my friends! With the right information and guidance, you can still plan that epic trip to the U.S. Just remember to be honest, explore your options for waivers of inadmissibility, and stay informed with visaverge.com! You got this!

FAQ’s to know:

FAQ 1: Can I travel to the United States if I have a criminal record?

Answer: It is possible to travel to the United States with a criminal record, but the impact will depend on various factors, such as the nature of the offense, the time that has passed since the conviction, and U.S. immigration laws. The U.S. consular officer will consider these details during the visa application process and determine if you are inadmissible. It’s advisable to seek legal guidance and consult official resources like the U.S. Department of State’s Bureau of Consular Affairs or the U.S. Customs and Border Protection for the most accurate and up-to-date information.

FAQ 2: How do drug offenses and DUIs affect travel to the U.S.?

Answer: Drug offenses can have a significant impact on your ability to travel to the United States. Generally, anyone convicted of or admitting to violating any law related to controlled substances, except for a single offense of simple possession of 30 grams or less of marijuana, may be considered inadmissible. DUI (Driving Under the Influence) convictions are treated differently and are not automatically deemed a crime involving moral turpitude unless associated with aggravating factors like repeat offenses or harm to people or property. However, multiple DUI convictions could raise questions about your admissibility due to possible alcohol addiction.

FAQ 3: What is a waiver of inadmissibility, and how can it allow travel to the U.S. with a criminal record?

Answer: A waiver of inadmissibility is a formal document that can potentially allow individuals with a criminal record to enter the United States. Obtaining this waiver involves an application process where you must demonstrate that your visit would not pose a risk to the U.S. community and that there are compelling reasons for your visit. The waiver serves as an acknowledgment that although you have a criminal record, special circumstances exist that warrant your entry into the U.S. It’s crucial to consult an immigration attorney or official sources like the U.S. Department of State’s Bureau of Consular Affairs for specific guidance and requirements regarding the waiver process.

What did you learn? Answer below to know:

• True or False: Answering falsely about your criminal history during the visa application process can have more severe consequences than the criminal record itself.
• Multiple DUI convictions could potentially raise questions about your admissibility to the United States due to possible __.
• What is the alternative to obtaining a visa for travelers from Visa Waiver Program countries who plan to visit the United States for up to 90 days?

Did you Know?

Did you know.

Answer: True. It is crucial to answer questions about your criminal history truthfully during the visa application process. Providing false information can lead to more severe consequences than the criminal record itself. It is essential to be honest and transparent to avoid any legal complications.

Answer: Multiple DUI convictions could potentially raise questions about your admissibility to the United States due to possible alcohol addiction. While a single DUI conviction is not automatically considered a crime involving moral turpitude, repeated offenses or circumstances involving harm to people or property could result in a heightened concern about the individual’s admissibility due to potential alcohol addiction.

Answer: The alternative to obtaining a visa for travelers from Visa Waiver Program countries who plan to visit the United States for up to 90 days is the Electronic System for Travel Authorization (ESTA). Instead of a visa, travelers from Visa Waiver Program countries can apply for authorization through ESTA. However, it is important to note that travelers still need to disclose any criminal history during the ESTA application process. While a conviction does not automatically disqualify an individual, a denial in ESTA would require them to go through the standard visa application process.

• Did you know that approximately 44.9 million immigrants were residing in the United States as of 2019? This number includes both lawful and undocumented immigrants, making up about 13.7% of the country’s population. Immigrants contribute significantly to the United States’ economy and cultural diversity, playing a vital role in various industries such as technology, healthcare, and agriculture.
• Did you know that Ellis Island in New York Harbor was the primary immigration hub from 1892 to 1954? Over 12 million immigrants entered the United States through Ellis Island during this period, hoping for a chance at a better life. Today, Ellis Island is a museum and a symbol of hope and opportunity for immigrants who have come to the United States.
• Did you know that the United States has the highest number of international students in the world? In recent years, the US has hosted over one million international students who pursue higher education in various disciplines. Studying in the United States provides students with opportunities for academic and career growth, as well as cultural exchange.
• Did you know that the United States has a Diversity Immigrant Visa Program (DV program) that provides opportunities for individuals from countries with low immigration rates to the US? Also known as the Green Card Lottery, the DV program grants up to 50,000 visas annually through a random selection process. This program aims to promote diversity and provide individuals with a chance to immigrate to the United States.
• Did you know that the United States has a long history of welcoming refugees? The Refugee Act of 1980 established a comprehensive system for admitting and resettling refugees, offering protection to those fleeing persecution or violence in their home countries. The United States continues to be one of the top countries in the world for refugee resettlement, providing a safe haven for individuals and families seeking a fresh start.
• Did you know that immigration laws and policies in the United States have evolved over time? From the Chinese Exclusion Act of 1882 to the Immigration and Nationality Act of 1965, the United States has experienced significant changes in its approach to immigration. These changes reflect the country’s changing social, economic, and political landscape, as well as its commitment to fairness and equality.
• Did you know that the United States is home to various immigrant communities, each with its own unique cultural contributions? From Chinatowns to Little Italys, these communities have enriched American society by bringing their traditions, cuisine, languages, and customs. Exploring these vibrant communities allows you to experience the diversity and multiculturalism that define the United States.

Learn Today: Key Terms Explained

Visa Application Process : The process of applying for a visa to enter the United States. During this process, individuals are required to provide information about their background, including their criminal history.

Criminal Record/Criminal History : A record of an individual’s past criminal convictions and charges. In the context of immigration, a criminal record can impact an individual’s ability to enter the United States.

Crime Involving Moral Turpitude (CIMT) : A criminal offense that demonstrates depravity or is considered contrary to community standards of justice, honesty, or good morals. Certain CIMTs can make an individual inadmissible to the United States.

Controlled Substance Violation : A violation of the law related to controlled substances, such as drug offenses. Any conviction or admission of violating controlled substance laws, with the exception of a single offense of simple possession of a small amount of marijuana, can render an individual potentially inadmissible to the United States.

DUI (Driving Under the Influence) : A criminal offense that involves operating a vehicle while impaired by alcohol or drugs. Multiple DUI convictions could raise concerns about admissibility to the United States, particularly if there are aggravating factors or indications of alcohol addiction.

Waiver of Inadmissibility : A formal document that allows individuals with a criminal record to enter the United States despite being technically inadmissible. Obtaining a waiver involves an application process where individuals must demonstrate that their visit does not pose a risk to the U.S. community and that there are compelling reasons for their visit.

Visa Waiver Program (VWP) : A program that allows citizens of certain countries to travel to the United States for business or tourism for up to 90 days without obtaining a visa. Instead, they must obtain authorization through the Electronic System for Travel Authorization (ESTA).

ESTA (Electronic System for Travel Authorization) : An online system used to determine the eligibility of travelers from Visa Waiver Program countries to enter the United States. ESTA authorization is required before traveling to the U.S.

Inadmissible : The status of being ineligible to enter the United States based on certain grounds, such as criminal history, health concerns, or immigration violations.

Immigration Attorney : A legal professional who specializes in immigration law and provides advice, guidance, and representation to individuals facing immigration-related issues, including those related to criminal records and admissibility.

US Department of State’s Bureau of Consular Affairs : A government agency responsible for issuing visas and providing consular services to U.S. citizens abroad and foreign nationals seeking to visit or immigrate to the United States. Its website provides official information and resources related to visa applications and travel to the U.S.

US Customs and Border Protection (CBP) : A federal agency responsible for regulating the entry and exit of people and goods into and out of the United States. CBP operates at ports of entry, including airports and border crossings, and enforces immigration and customs laws.

Travel Arrangements : The plans and preparations made by individuals for their travel, including booking flights, hotels, transportation, and obtaining necessary travel documents such as visas or ESTA authorization.

Admissibility : The status of being eligible to enter the United States based on meeting the legal requirements and not being subject to any grounds of inadmissibility.

Legal Guidance : Advice and assistance provided by legal professionals, such as immigration attorneys, in navigating the complex legal aspects related to immigration, including issues related to criminal records and travel.

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Can I Travel to the United States with a Criminal Record?

Sometimes decisions and choices we make as youth or adults come back to haunt us in ways we may not think about. One of these situations may be having a criminal record on your files. What may seem as a minor infraction could have sever consequences in the future if you plan to travel abroad. In trying to understand the ramifications of a person criminal record let’s look at the restrictions and requirements for entry in the United States of America.

If you have any criminal record, no matter how minor or how long ago the offense, you may be refused a visa or entry to the United States. Even if you have been accepted in the past you can be denied entry based upon disclosure/discovery of your criminality. Not all criminal convictions make a person ineligible to enter the U.S, but if a person currently has a criminal record or had one in the past it must be declared. If a person attempts to gain entry without declaring of a present or past criminal record the consequences are either permanent ineligibility or detention at a U.S Department of Homeland Security (DHS) enforcement facility while a Customs and Border Protection (CBP) officer determines your admissibility.

United States Customs and Border Protection agents have wide discretion to admit or refuse entry into the United States to any person.  You can be refused entry into the United States with or without a criminal record. The fact that you have a criminal record may prevent you from travelling to the United States, but not necessarily.

What Crimes will Prevent Me from Crossing the Border?

Generally, an  impaired driving conviction will not prevent you from travelling to the United States.

However, if you have multiple impaired driving convictions, this could prevent you from travelling.  Any drug possession offence will likely result in you being denied entry into the United States from Canada. If you have a conviction for a crime that is considered an offence against “moral turpitude” this conviction will likely result in you being refused entry. Crimes considered offences against moral turpitude include murder,  sexual assault ,  assault ,  fraud ,  robbery , etc. Further, multiple petty crimes in a short span of time could also give a border agent cause to refuse you entry.

United States Customs agents have access to the Canadian Police Information Centre (CPIC). Through this database, agents are able to view Canadian criminal records, outstanding charges and warrants. It does not matter how long ago your criminal conviction was – US customs agents will be able to view it. With this in mind, if you are asked about any criminal convictions or outstanding charges, you should tell the truth.

Because decisions to deny or allow entry to the United States relies mostly upon the discretion of individual customs agents, it is impossible to state that a certain person would be deemed admissible or inadmissible at all times.

Can a Discharge be a Barrier to Travelling to the United States?

Even though a discharge is not a conviction, it is still evidence of guilt. Depending on the seriousness of the discharge it may affect whether or not you will be granted entry. Here are some examples of cases where people have been found admissible: assault, mischief, trespass and fail to comply with a court order. However you must keep in mind if you have more the on conviction for any of these you can be denied entry Some examples of charges where people have been found to be inadmissible include: crimes of violence, crimes of sexual assault, and crimes of moral turpitude which include: fraud, possession of stolen property and drugs offences to name a few.

Can A Peace Bond Affect My Ability to Travel to the United States?

A peace bond is not an admission of guilt, and will not result in a criminal record However, the authorities will have a record of the Peace Bond therefore you should consider waiting until these records are removed from your file.

It’s often said that actions have consequences. Poor decisions of past can and will can restrict your wanting to travel to the U.S.

Know your rights so you can travel safe and legally.

Electronic Devices at the United States Border

United States Customs agents are entitled to look at your cell phone, laptop or other electronic device when you cross the border. They do not need a warrant or reasonable grounds to do so. They can demand you provide your password to any device you have with you.

There are some limits, as agents cannot use your device to access files held remotely. However, agents can look through any photos, text messages, emails or other files stored on your device. If you are asked for instance about your drug use, and you respond in the negative and an agent accesses your phone and locates a picture of you participating in recreational drug use, you will likely be refused entry.

Further, answering falsely to questions put to you by customs agents can potentially damage any future attempts to enter the United States, as you will likely be flagged for false statements to customs agents. If you are worried about items on your electronic devices, the best practise is to leave those devices at home.

What are the Rules about travelling to the United States with Cannabis?

With the recent legalization of recreational marijuana in Canada, officials from the United States have made it clear that Canadians can be denied enter into the United States for admitting to consuming marijuana.

Despite marijuana consumption being legal in Canada and a few of states in America, such as Colorado, at a federal level in the United States, marijuana is still considered an illegal drug. Federal law governs the United States international borders; thus possession of marijuana is considered a criminal offence. Even if you do not have a criminal record for marijuana possession, just admitting to consuming marijuana is enough to be denied entry.

However, officials have advised that asking about cannabis consumption will not be routine for US border agents. This being said, if you are asked about your cannabis use, you should not lie. You can refuse to answer the question, which may result in you being denied entry for that day. A positive answer to the consumption of marijuana at any point in your life, even if you do not have a criminal record could be enough to potentially ban you from ever entering the United States.

Pardons/Record Suspensions and Crossing the United States Border

While Pardons/Record Suspensions will assist in most people when applying for jobs, volunteer positions or home rental applications in Canada, they are not necessarily of assistance in travelling to the United States. US customs will not recognize a Canadian Pardon. Therefore, your criminal offence will still show up if a CPIC check is conducted, and still be considered by the customs agent is determining your admissibility to the country.

Waiver of Criminal Record

It is possible to apply directly to the United States for a waiver of your criminal record, which would allow you to enter the United States despite your record.

This process can take up to a year, and costs $585.00  USD, regardless if the application is successful or not. You will need to submit a number of other documents, including fingerprints, police records and a personal explanation of the circumstances of the crime(s) you committed. Most of these documents will have an additional cost.

The process for obtaining a waiver is lengthy and can be complicated. If you require guidance and assistance, Toronto Defence Lawyers are able to assist.

Request a Free Case Evaluation

Traveling with a criminal history

• 2.2 Ethiopia
• 2.4 Tanzania
• 2.5 Morocco
• 2.6 Tunisia
• 2.7 South Africa
• 3.1 Argentina
• 3.3.1 Character concerns
• 3.3.2 Rehabilitation
• 3.3.3 Temporary resident permits
• 3.3.4 Pardons
• 3.3.5 Financial history
• 3.3.6 Other concerns
• 3.3.7 Exception for British Citizens
• 3.6 Dominican Republic
• 3.9.1 Visa Office Advisory Opinions
• 4.1 Cambodia
• 4.3 Hong Kong
• 4.5 Indonesia
• 4.10 Malaysia
• 4.12 Philippines
• 4.13 Singapore
• 4.14 South Korea
• 4.15 Taiwan
• 4.16 Thailand
• 4.17 United Arab Emirates
• 4.18 Vietnam
• 5.1 Schengen Area
• 5.2 Ireland
• 5.5 Ukraine
• 5.6 United Kingdom
• 6.1 Australia and New Zealand

If you have been convicted of any crimes in the past , your opportunities for entering another country might be restricted. Many countries ban people who have served time in prison from entering, and while minor countries that do so often don't have the resources to find out about crimes that haven't made it to the international news, bigger countries may have them. For visas for long term visits (studying, work etc.) it's not uncommon that the destination country requires you to provide a translated statement from your country's criminal record system.

There is no single authoritative source to consult on travelling with a criminal history, nor will your experience in every country be the same (there are, after all, over 190 countries in the world) but most information can be found either on the destination country's immigration agency website, through its embassy in your homeland, or by searching legislation.

Understand [ edit ]

Many countries do not easily welcome those with criminal backgrounds for obvious reasons, but what criminal history is relevant, and the period that must have elapsed since a conviction, varies from country to country. For some countries, particularly Canada and the US, even a minor criminal conviction 50 years ago can cause you to be refused entry, while others would require a conviction for a violent or serious crime to be refused entry. This page also lists ways (if known) to overcome a bar on entry due to a criminal history.

In general it is very difficult, if not impossible, to travel to any country if you have a record of convictions for violent or sexual crimes, repeated convictions for felonies, or a recent conviction for a serious crime. Some countries prohibit their own citizens from leaving if they have serious criminal histories. However, in general, authorities are not concerned about petty offences.

If you are on probation or parole you must follow the travel policies set by your probation officer to the letter, as leaving the country (or even your locality in certain countries) without permission will result in a violation. Generally offences committed in the destination country count more than offences committed outside of their country. The most common question on visa forms and arrival cards is if you've formerly been deported or refused entry from the country (and often whether this has happened to you in any country).

Visas [ edit ]

If the destination country allows you to visit by just showing up at the border with your passport (or even ID-card), unless you are wanted by the authorities, it's less likely you will have problems. If you on the other hand need to apply for a visa or something similar (e.g. the American ESTA ), criminal history is frequently something they're interested in.

Requirements vary with the type of visa. All countries that issue retirement visas require a criminal background check, which is a letter from police in your home country or other places you've lived saying you have a clean record, and many countries require that for working, immigration or student visas as well. The background check might need to be notarized and even affixed with a apostille , a kind of international notarization. For a tourist visa, few if any countries check that carefully, but may sometimes ask about criminal history.

If you are asked about your criminal convictions, you must answer truthfully. Any false statements could result in a lengthy or permanent bar to entering that country, particularly the USA or Canada. Other countries, like the UK, have a concept of "spent" convictions that do not have to be declared once the conditions for "spent convictions" have been met, and that is about the only time you can get away with not disclosing a conviction. Countries with close relationships often have access to each others' criminal record databases that immigration officers can pull up; examples include the United States and Canada, Australia and New Zealand, as well as all Schengen Area and European Union countries.

Africa [ edit ]

Egypt [ edit ].

No questions about criminal history in the visa form or arrival card .

Ethiopia [ edit ]

Almost everyone needs a visa, but it's available as e-visa, and for most nationalities on arrival. No questions about crimes in the application form [dead link] .

Kenya [ edit ]

Citizens of a few African countries and small island nations around the world get in visa-free, almost everyone else needs a visa, for most this means e-visa. In the visa application you need to declare "any offence under any system of law".

Tanzania [ edit ]

Citizens of some African countries and small island nations can enter visa-free. For those who need a visa, almost everybody can obtain it on arrival or as an evisa. The visa form doesn't have any questions about previous crimes or convictions.

Morocco [ edit ]

Neither the visa application [dead link] nor the arrival card has any questions about criminal history.

Tunisia [ edit ]

Unclear about the visa application but the arrival card doesn't include questions of this nature.

South Africa [ edit ]

If you need to apply for a visa to enter or transit South Africa, you must declare [dead link] former crime convictions, criminal actions that are pending against you, memberships of organizations whose activities are against the law in different ways in any country. In addition they will ask you about being removed from or refused entry into South Africa. Visitors need to complete a TC-01 traveller card when arriving; this is mostly for customs issues.

Americas [ edit ]

Argentina [ edit ].

The Argentinian visa application includes a range of questions about crimes from prostitution to genocide and jail terms of more than three years.

Brazil [ edit ]

No questions about your past in the entry and exit card [dead link] nor in the visa application form , but after the form is filled out you may have to schedule an interview at the embassy or consulate.

Canada [ edit ]

While Canada's policies on criminal record are really strict (any convictions no matter how minor or how long ago makes you inadmissible), it is possible to overcome the inadmissibility by submitting an application for "rehabilitation". This process can take a long time and requires numerous references to prove that you are in fact rehabilitated and that further offences are unlikely. If you do not want to wait that long and must go to Canada, you may be able to apply for a temporary resident permit; however, the reason must be justified and vacations are not considered a justified reason.

If you have been convicted of driving while impaired by alcohol or drugs, you will probably be found criminally inadmissible to Canada as this is an offence under Canada's Criminal Code.

Frequently Asked Questions for criminal inadmissibility to Canada

Character concerns [ edit ]

All potential visitors, whether applying for a temporary resident visa or requesting landing permission at the border must be of good moral character, and under Canadian law this means having a completely clean criminal history. Any offence, misdemeanour or felony, regardless of how minor or how long ago it took place could exclude you from Canada for a period of time or indefinitely. Some U.S. citizens have been turned back while attempting to drive across the border. Even former U.S. President George W. Bush needed to apply for a waiver to enter on an official state visit during his term in office because of a past D.U.I. which happened twenty-four years before that. There are a few exceptions, and if you are inadmissible because of a criminal conviction, you do have some options.

A minor misdemeanour (what Canadian law calls a "summary conviction") may keep you out of Canada for at least five years from the date you finish your sentence. More serious offences ("felonies" in US law, "indictable offences" in Canadian or British law) may require you to wait up to ten years, or in the most serious cases obtain a pardon or other civil relief locally before applying for entry. Some relatively minor infractions in other countries (minor drug possession tickets in countries where they are not handled through the criminal system, or drunk driving in jurisdictions which treat this as a simple traffic violation) are considered criminal convictions for the purpose of immigration law, as Canada's Criminal Code treats these as crimes. With the exception of crimes of conscience, even if you were prosecuted for an offence in that country which would not have been an offence in Canada, it would result in you being inadmissible. Similarly, if you committed a violation that is considered a criminal offence in Canada but not in the country in which it was committed, that would also result in you being inadmissible to Canada. Even if you were never arrested, charged with a crime or sentenced it is possible to be turned away by a border guard on suspicion of criminal activity. Additionally, you cannot enter Canada if there are current charges pending against you or a trial is under way (for obvious reasons).

Although unlikely as a visitor who meets all other entry requirements, you may also be refused if you have significant unpaid debt, have an active civil judgement against you, or have recently declared bankruptcy. This is more likely to be an issue if your nationality requires a visa to enter Canada. In these cases, you can regain your ability to enter Canada by either paying the debt in full, showing evidence of a payment plan in good standing or after a bankruptcy showing a history of financial solvency over the period of a few years.

Offences committed before the age of 18, parking tickets, local ordinance violations and crimes of conscience (such as publishing statements critical of the government in an authoritarian country) generally do not result in inadmissibility. Similarly, non-criminal traffic tickets usually do not result in inadmissibility, although if you were ever required to appear in court over a traffic violation (not simply going to court to challenge a ticket) or you accumulated enough points that your license was summarily suspended or revoked, you may be inadmissible and should contact a Canadian embassy or high counsel for advice.

Rehabilitation [ edit ]

If you have a single misdemeanour or summary offence on your record and it's been at least ten years since you finished your sentence, and your offence could be punishable with a prison term of less than 10 years in Canada, you may be deemed rehabilitated on arrival. Some offences are hybrid, so even some summary offences carry a possible 10-year maximum sentence meaning you cannot be deemed rehabilitated . The burden is on you, the visitor, to provide proof that you have indeed reformed and are unlikely to re-offend. Possible proof includes but is not limited to:

• Police "good conduct" reports
• Character references
• Letters from employers, pay stubs, tax returns or other documentation showing that you have steady employment
• Evidence of any educational, volunteer or treatment experience that you've completed since your conviction.

Bring everything you have that suggests you're living a stable and crime-free life. The more documentation you have and the less the officer has to rely on your word that you've turned your life around the stronger your case is for being admitted.

If you are turned away, or if your offence makes you ineligible to be deemed rehabilitated, you can apply for individual rehabilitation directly to Citizenship and Immigration Canada (CIC) . Again, at least five years must have passed since you completed your sentence. An application for individual rehabilitation has onerous documentation requirements, costs between CAD200 and CAD3,000 depending on the nature of the offence and whether the application requires approval from the Minister of Justice (all except the most straightforward misdemeanour convictions do) and can take six to twelve months (there are no guaranteed processing times) to get an answer. While you can compile the documentation and submit the application yourself, both CIC and many who have gone through the process highly advise retaining an immigration attorney to complete and file the application on your behalf. If you are denied rehabilitation, there is no right of appeal, you will not be given specific reasons as to why your application was denied, and you must wait at least one year before applying again.

Temporary resident permits [ edit ]

If you aren't qualified for either type of rehabilitation or are turned down, another option is a temporary resident permit , a one-time waiver for an inadmissible person to enter Canada. This is not the same as a temporary resident visa , but the two can be applied for together if you are from a country requiring such a visa. These are very rarely granted - only for "exceptionally compelling humanitarian grounds" or "reasons of significant national interest" .

While this has been used or abused by a politically well-connected few (including disgraced Canadian media mogul Conrad Black, who renounced citizenship) issuance of these permits is rare. Unless you're dealing with a documented family emergency, can afford to hire a really good immigration attorney or have connections in Canada (such as a Member of Parliament) who can intervene on your behalf, don't even bother applying for one of these.

Pardons [ edit ]

Obtaining a pardon or unconditional discharge will generally restore your ability to travel to Canada, and depending on your circumstances you may have much more luck going this route. If the crime was committed in Canada, there's a centralized process you can go through and odds of success are fairly high if you've shown commitment to turning your life around and kept your nose clean since then.

If your pardon or discharge was issued for a crime outside Canada, be sure to bring documentation to that effect with you to the border or when applying for a visa.

Financial history [ edit ]

Immigration authorities may perform a credit check and review your overall financial history as part of the character and risk assessment when applying for a visa or for landing permission at the border. Credit checks are not automatic for temporary visitors; they typically occur as part of a larger background investigation that results if the officer cannot ascertain your ability to support yourself. Minor issues (such as an occasional late credit card payment) are not a major concern. That being said, if you have frequent late payments, chargeoffs, liens, repossessions, or a bankruptcy, in the past few years, definitely be prepared to explain yourself (and having recent pay-stubs or other evidence of steady funds available for review is highly advised.)

On the other hand, if you are applying for any type of long term visa (such as a work or study permit) or are immigrating to Canada, your credit will be checked as part of the background investigation, and visas are occasionally denied for recent financial problems or just for having a large amount of unpaid debt, even if it's in good standing (e.g. student loans). Unless you can prove your credit problems were due to circumstances beyond your control (e.g. prolonged disability or illness, failed business venture, or identity theft) or are prepared to hire an immigration attorney, cleaning up your financial state of affairs at home prior to making plans for working or moving to Canada is strongly advised.

If you have a civil judgement against you (whether paid or not), or are a defendant in a pending lawsuit for unpaid debt, depending on the circumstances you may be inadmissible, contact an immigration attorney for advice. Additionally:

• The People's Republic of China and several Persian Gulf countries ( Bahrain , Kuwait , Qatar , and the United Arab Emirates ) treat default as a criminal offence punishable with a jail term.
• In the United States, apart from child support or taxes, default is not a crime. However, in many states evading collection attempts once a debt has progressed to litigation (usually by not showing up for hearings or failing to submit requested documents to the court) can lead to a criminal contempt charge, fines and a jail term.

If either situation applies, you are inadmissible and will need to go through the standard rehabilitation procedure prior to travelling to Canada. In addition to the requisite time requirement, you will also need to show that the debt in question is paid in full or satisfactory arrangements are in place to pay it.

Other concerns [ edit ]

Besides a criminal record, CIC lists a host of other situations that may prevent admission into Canada. While most of these shouldn't be an issue for the average traveller (e.g. previously deported, human rights violations, involvement with terrorism or organized crime), there are a few that do occasionally complicate or bar entry for visitors:

• Business travellers are required by law to present a letter of introduction on corporate letterhead to immigration on arrival. The letter must follow a standardized format specified by CIC and contain a statement of financial support. CBSA is very serious about this requirement and refusals for not having a letter are common.
• If visiting friends or family, you are not officially required to have a letter of introduction, although having something in writing (even an informal e-mail) from your host with their contact information is helpful, should immigration decide to verify your story.
• Tourists should be prepared to provide details about their itinerary - places of interest, hotels that will be stayed in, etc. Having this information (including addresses and phone numbers for hotels) printed out ahead of time is strongly advised.
• All visitors may be asked to show that they have confirmed travel arrangements for departing Canada, as well as "binding ties" to their country of origin or residence (such as a family, job or university studies to return to).
• It's possible to overcome a medical refusal by obtaining an exam from a nominated physician and have them certify that you will not burden the healthcare system. If this applies to you, the immigration officer will give you the required paperwork along with further instructions.
• Obtaining medical insurance that will cover you in Canada, while good advice for all, may especially help in borderline cases.
• For Western tourists, a valid major credit card (not a debit, ATM, or bank card - which may not even work in Canada) usually satisfies this requirement.
• If you do not have a credit card, a recent bank statement or pay-stub is also acceptable.
• have health, financial, or credit problems - your admissibility is unaffected.
• have a criminal record - you may be found inadmissible, although in practice this almost never happens unless your relative's crime made national news headlines.
• are a human rights violator or a known member of an organized crime, terrorist, or hate group - you're inadmissible, call a lawyer.

As a general rule, admissibility and rehabilitation decisions cannot be appealed beyond a supervisory review at the visa office or border. The only exception is if you can prove the decision was based on wrong information (for example you were acquitted of a crime, but that fact was never properly recorded.) That being said, you are usually allowed to apply again once any specific issues relating to a refusal have been corrected, once the requisite time has passed for rehabilitation, or one year after being denied rehabilitation.

Exception for British Citizens [ edit ]

Citizens of the United Kingdom who have convictions considered "spent" under the 1974 Rehabilitation of Offenders Act do not have to apply for "rehabilitation", as they are automatically pardoned under the 1991 Federal Court of Appeals case [dead link] Canada (Minister of Employment and Immigration) v. Burgon, [1991] due to the similarity of the two countries' legal systems. Guidance issued to border officers in the ENF14 /OP 19 Criminal Rehabilitation Manual specifies: "the UK Rehabilitation of Offenders Act automatically pardons eligible individuals without the person having to apply [for Rehabilitation], if the person has been sentenced to a term of imprisonment of less than 30 months" . However, some exceptions to this rule have been witnessed.

Chile [ edit ]

No questions related to criminal history in the visa application .

Cuba [ edit ]

Nationals of a few countries get in visa-free, but almost everyone else can enter on a tourist card [dead link] (effectively a simple visa) where you're asked about little more than your name, birth date and passport data.

Dominican Republic [ edit ]

A considerable number of nationalities including virtually all first world and Western Hemisphere countries can get in visa free (purchase of tourist card is needed). Visa applications [dead link] have no questions related to criminal history.

Mexico [ edit ]

There aren't any questions about a criminal record in the Mexican visa application , nor in the FMM (arrival card).

If your passport reveals a criminal record when scanned, however, you may be denied entrance to the country.

Peru [ edit ]

In general, visitors from the Americas, Europe, Oceania and some Asian countries get in without a visa. On the migration card there aren't any questions related to criminal history, neither is there on the visa form .

United States [ edit ]

The United States of America is generally very strict with criminal records, no matter how minor or how long ago it has been. They do not have any concept of "spent" or "pardoned" convictions, meaning you must truthfully answer any questions about criminal convictions even if your convictions have been spent or pardoned in your country. For citizens of any country who are eligible for the Visa Waiver Program, being convicted of any crimes, having proceedings pending, or even a previously refused visa makes you ineligible for the visa waiver program! Similarly, Canadian and Bermudian citizens, who ordinarily do not require visas to enter the United States, may be refused entry on the grounds of previous criminal convictions.

There are numerous crimes that render you ineligible to enter the US. The two main categories are:

• crimes involving moral turpitude, and
• aggravated felonies.

There is only a loose definition of crimes involving moral turpitude, but generally, it includes crimes that make a person seem untrustworthy, such as fraud or rape, rather than "honest" crimes, like getting into a fistfight. The actual penalty for the conviction does not matter. If you declare a crime involving moral turpitude, then you will probably be deemed 'permanently ineligible to enter the USA'. It is possible to apply for a waiver of permanent ineligibility after a period of time.

Being convicted of an aggravated felony is even worse, though just like crimes involving moral turpitude, these also have a loose definition, therefore the offenses can change over time. This used to include murder and smuggling drugs or guns, and has since been expanded to include things like bribery, human trafficking, and kidnapping people for ransom. There is absolutely no relief, and anyone deported or excluded for this reason cannot enter the U.S. until all court-ordered punishment has been completed and an additional 15 years have elapsed.

Consular staff will interview you to determine the seriousness of your offense and evaluate evidence of rehabilitation. Once granted a waiver, you can obtain a visa (usually one year at first). As a holder of a waiver you can expect long delays in secondary processing at the U.S. border, even with a visa in your passport.

An exception to this is "purely political offenses." Since the U.S. has freedom of speech to criticize the government, people from other parts of the world are given a pass on this type of conviction. However, you must report all crimes on the visa forms, and note anything that wouldn't be a crime in the U.S.

Do not attempt to enter the US if you have been previously deported without a proper visa! Doing so is a felony under US law (8 U.S. Code § 1326), and is punishable by up to 2 years in prison, or, in certain circumstances, 20. Do not lie about your convictions when questioned, as chances are they will find out. The US conducts extensive security checks on all visa applicants.

Visa Office Advisory Opinions [ edit ]

US immigration law is extremely complex, and consular officials often issue decisions without time to fully consult the technical issues of a case , before pushing applicants to pursue a waiver. Although officials benefit from the "sovereignty" of not having their finding of the facts legally questioned, if you are denied a visa it is possible to seek a legal review of the decision if you believe the consular official misapplied the law. You or your attorney may request the US Visa Office in Washington study the case and issue an Advisory Opinion [dead link] on the inadmissibility finding. The results of the opinion are binding on the embassy or consulate receiving the advice, and are often shorter (6-8 weeks) than the waiver process (6-18 months) which may not be relevant.

Asia [ edit ]

Cambodia [ edit ].

Visitors from outside Southeast Asia will need a visa, though for almost everyone this is available on arrival. On the visa form there are no questions related to criminal history.

China [ edit ]

Article 21 of the Exit and Entry Administration Law of the People’s Republic of China denies Chinese visas to many kinds of aliens, and Article 25 of the same law bars many kinds of aliens from China, including those "(m)ay endanger China’s national security or interests, or disrupt social and public order, or engage in other illegal or criminal activities". Those who may be affected should consult the nearest Chinese consular offices before travelling.

Entry may also be denied even if the traveller is not prosecuted. This is the case when some Hong Kong travellers who were arrested for public order offences during the protests but not charged in court were denied entry and have their Home Return Permit revoked.

Transit passengers of many countries are allowed a few days in major cities, but other than that almost everyone needs a visa to enter China. In the visa form , you're asked about a criminal record in China or any other country, and you need to give details if you reply yes.

For a work visa, you will need to provide a criminal record check. A certificate from your local (e.g. county-level) jurisdiction will probably be sufficient, but will need to be notarized and apostilled; see Working in China for more.

Hong Kong [ edit ]

Unlike China, few nationalities need more than a passport and a filled in arrival card to get into Hong Kong, where you just need to fill in personal and passport data and where you will stay. Also the visa application has no questions on previous crimes.

There are also no provisions regarding criminal history in the Immigration Ordinance , though it seems that immigration officials have the sole discretion of approving or denying inbound travellers.

India [ edit ]

Virtually everyone needs a visa to enter India, to be applied for electronically. contains questions about previous crimes [dead link] .

Indonesia [ edit ]

Few nationalities need a visa to visit Indonesia, and the arrival card has reportedly been abolished too, so most visitors apparently don't need to declare anything about your past in writing.

Iran [ edit ]

Any arrests or convictions need to be declared and explained when applying for an Iranian visa .

Israel [ edit ]

Nationals of countries in the Americas, Europe and Oceania and a few others can enter visa-free. In the visa form you need to declare that you haven't committed any criminal offence.

Japan [ edit ]

Article 5(1)(iv) of the Immigration Control and Refugee Recognition Act [dead link] prohibits any person who have been sentenced to imprisonment or imprisonment without work for 1 year or more, except for political crimes.

In the Japanese visa application there are several questions related to a criminal history; convictions of a crime in the first place, sentences to imprisonment of a year or more, deportation, drug offenses, prostitution and trafficking of people, in any country. If you can enter with just a passport, you will need to fill in a disembarkation card (like when arriving in many other countries) and there too you need to declare previous convictions.

Macau [ edit ]

Similar to next door Hong Kong, most visitor need a passport and a simple arrival card with things like name, passport number and address in Macau.

However, according to Law 16/2021 , non-local residents who have been sentenced to imprisonment in or outside Macau may be denied entry to Macau.

Malaysia [ edit ]

Having being sentenced to any jail term is one of the things that will get you labeled as a "prohibited person" per section 8 of the Immigration Act 1959/63 . Nevertheless, visitors are not asked about this in the visa application [dead link] , and most nationalities don't need a visa anyway. Disembarkation cards have been abolished.

Nepal [ edit ]

People of almost all nationalities need a visa, but can get it on arrival or online, no crime-related questions asked in the form [dead link] .

Philippines [ edit ]

Most nationalities can get enter the Philippines without a visa. Like most arrival cards, the Philippine doesn't have questions about criminal convictions, neither does the visa form .

However, section 29 of the Philippine Immigration Act prohibits "persons who have been convicted of a crime involving moral turpitude" from entering the Philippines.

Singapore [ edit ]

Like Hong Kong, almost everyone can get in without a visa. The Disembarkation/Embarkation Card visitors need to fill in doesn't have any questions about previous crimes.

However, section 8(3)(d) of the Immigration Act 1959 lists those that have been removed or convicted for a sentence of imprisonment as potential undesirable immigrants, and entry may be refused.

South Korea [ edit ]

Unlike China and Japan, the visa application includes no questions about criminal history. A considerable number of nationalities get in with just a passport and the arrival card doesn't have any such questions.

Taiwan [ edit ]

Article 18 of the Immigration Act allows the government of the Republic of China to bar aliens from Taiwan for not only criminal history anywhere but also for many other reasons, like serious diseases or the risk of endangering national interests, public security, public order. Please consult the nearest Taiwanese consular offices before travel. Trying to enter Taiwan with visa exemption or landing visas may result in being refused entry and asked to apply for advanced visa before reentering Taiwan, or even banned from Taiwan in the worst cases. Even if already admitted into Taiwan, being found indeed inadmissible risks deportation per Article 36 of the Immigration Act .

Thailand [ edit ]

Per the Immigration Act of Thailand B.E. 2522 (1979) , any jail term except for a petty offence, negligence or something excepted by Ministerial Regulations will disqualify you from entry. You don't have to declare this on the visa application form nor on the TM.6 arrival card .

United Arab Emirates [ edit ]

In the UAE visa application you need to declare your profession, and the biggest issue seems to be people coming in to work without a job permit. On the other hand, there aren't questions regarding crimes.

Vietnam [ edit ]

Generally a visa is needed to enter, but some Western European and most nearby countries can get in visa free. No questions about previous crimes in the visa form, except for business visas. .

Europe [ edit ]

Schengen area [ edit ].

The rules for the European Union , specifically the Schengen Area , regarding character concerns are relatively lax. Questions about criminal convictions are not asked when applying for a Schengen visitor/business visa and border agents (there are no landing cards for data entry) usually don't ask any questions about this either.

If any officials or forms ask you if you have a criminal history you still have to answer truthfully but, in general, if it's not more than 3 years of imprisonment, or crimes involving alien smuggling or drug offences that resulted in more than 2 years of imprisonment, then they will not refuse you entry or a visa on those grounds. Countries like Germany do have specific rules that state anyone convicted of an offence relating to public order with a sentence of more than 3 years, a drug offence with a sentence of more than 2 years, and any offence related to alien smuggling are subject to deportation. Like the UK, they are more concerned with offences committed in their country, rather than outside of the EU. Do not lie in any visa application or when answering questions to officials, because in Germany this lie will mean you can then be deported. Not all countries have the same rule regarding character concerns, so some EU countries may be more lax, however Germany is known to be a rather strict country so it is a good guideline on rules for the EU.

In Schengen visa applications , there doesn't seem to be a question about any criminal past. Nevertheless, this might come up in a visa interview, and the ETIAS [dead link] system which is going to be implemented early 2021 for visa-free visitors to the Schengen area (similar to for example the American ESTA) reportedly will include background checks with questions related to criminal records, deportations and such by Frontex .

Ireland [ edit ]

Citizens of most countries in Europe and the Americas and a few countries elsewhere in the Eastern Hemisphere can get in visa free. No crime-related questions in the visa form .

Russia [ edit ]

The shorter variant of the Russian visa application form [dead link] is applicable to most nationalities who need a visa, and there applicants are just asked about their planned trip, current employer and relatives in Russia. The more extensive form [dead link] is for UK, US, Canadian, Australian and Georgian citizens and there applicants have to report former arrests and convictions among others. According to the visa form replying in affirmative to such questions don't automatically mean you don't get a visa but you may have to go to the consulate for an interview.

Turkey [ edit ]

On the Turkish visa form there are no questions about criminal history, other than having being deported from Turkey. People that are deemed to pose a public order, security or health risk can be refused entry. [dead link]

Ukraine [ edit ]

Nationals of most first world countries (but not Australia and New Zealand), countries from the former CIS and some Latin American countries are allowed in visa-free, the rest need to apply for a visa (e-visa for most Latin American and many Asian countries). The visa form [dead link] doesn't include crime-related questions.

United Kingdom [ edit ]

Character requirements for the United Kingdom are considerably stricter than that of the Schengen area.

The United Kingdom has a concept of "spent" convictions - this act has recently been updated so check these: application forms [dead link] . Immigration officers wishing to exclude or remove someone on the basis of a criminal conviction must prove that the offence is not spent and therefore the person is not rehabilitated. A conviction is "spent" if more than 10 years has passed since imprisonment (if any) between 6 and 30 months. Any imprisonment over 30 months cannot ever be spent and therefore will always count against you. Imprisonment of less than 6 months or fines have an even shorter rehabilitation period (around 5 years or less).

The immigration officer wishing to deport you, or refuse entry on the basis of criminal conviction must prove that your convictions have not been "spent". The burden of proof is on them, not you, so if you were refused entry due to a criminal conviction chances are your offence is not spent. If the offence is spent, then you don't even have to tell them about it and they cannot use it against you even if they do know. For consecutive prison sentences the rehabilitation period would begin at the time you were last in prison, unless the sentence is over 30 months.

Oceania [ edit ]

Australia and new zealand [ edit ].

These countries are rather strict regarding character concerns but Australia specifically says "in the last 10 years" on entry literature since Commonwealth of Australia legislation specifically regards as "spent" [dead link] convictions that are more than 10 years old (you also should not have been sentenced to imprisonment for more than 30 months and you've not re-offended (even in a minor way) during the 10 year (5 years for juvenile offenders) waiting period and a statutory or regulatory exclusion does not apply. For an Australian work visa, you'll need to get a background check from every country you've lived in for 12 months or more during the past ten years.

While New Zealand does have a clean slate scheme, immigration is specifically excluded from the scheme. That means when applying for a visa or entering New Zealand, you must declare your full criminal record including all spent convictions. Character issues [dead link] can bar you from entering New Zealand. These include having ever being sentenced to a jail term of 5 years or more, or for 12 months or more during the last 10 years. You'll also be refused entry if you've been deported from any country or are deemed likely to commit crimes or otherwise pose a risk if you're let in.

There are already other concerns that are just as strict such as being deported from any country (New Zealand), health concerns like being HIV positive or even having cancer or diabetes, that can result in a visa being denied, entry refusal or deportation.

While citizens of Australia and New Zealand are generally free to travel to each other's countries and stay indefinitely with full-time employment rights, entry may still be denied on the basis of previous criminal convictions.

See also [ edit ]

• Border crossing
• Visa trouble

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Traveling to The US With A Criminal Record: What to Expect

Everybody loves a smooth journey, particularly when traveling internationally . The United States is not merely a tourist destination; many individuals travel for school, jobs, business, and medical reasons.

However, the US has a strict border admission method, and a few matters, including a criminal past, can prevent you from coming into. If you or a loved one is visiting the US with a criminal record, keep reading. We will offer a comprehensive guide on what you need when traveling with a criminal record, including what convictions stop you from entering America or offenses the country deems serious.

Get Informed

Getting informed is one of the most crucial recommendations on any traveler’s checklist . You must inquire with the US embassy or consulate in your country concerning the choices available for those who need to travel with a criminal record. So, before making any plans like booking flights, gather all the info you will need to enter the nation safely and easily.

Offenses that can prevent entry

A criminal conviction is not the only factor that might keep you from entering the United States. Even though you have never been convicted of a crime, some transgressions, such as the ones listed below, can prevent you from entering the nation.

• If you were caught without a visa and deported.
• If you have ever been convicted of more than two offenses and have spent at least five years in prison.
• If you have broken rules and restrictions on prohibited substances. This felony includes any type of trafficking or crime of this nature.
• If you have committed a crime of moral turpitude, which includes money laundering, prostitution, passing wrong inspections, benefit fraud, sexual violence of any nature, aggravated assault, tax evasion, driving under the influence, bribery burglary, assault intended to do serious harm, theft, and any major criminal activity.

Fortunately, there are certain exceptions applied when entering the country.

• If you were sentenced, convicted, and served jail time for less than a year even if the sentence was longer.
• If you committed the crimes of moral turpitude shown above when you were below 18.
• If the crimes you committed below 18 were done more than 5 years ago.
• If you were convicted of driving under the influence.
• If you were arrested but not convicted.
• If you were convicted but acquitted.

Nonetheless, if you have multiple convictions for crimes like driving while drunk and other crimes of moral turpitude, you will be denied entry to the US. Even with a pardon, the US still treats such crimes like criminal convictions, and this may still prevent entry into the country. Keep this in mind when traveling to the US with a criminal record.

Getting an ESTA with a criminal record

If you belong to a member country of the Visa Waiver Program, you can apply for an ESTA. An ESTA is an automated document given to eligible US travelers in the VWP. The application process collects relevant bio-data and asks specific eligibility questions to determine if you can get the ESTA.

Questions asked concerning criminal activities involve:

• If you have participated or plan to participate in activities such as terrorism, sabotage, espionage, or genocide.
• If you have once committed serious damage to property, or harm to another person and have been arrested or convicted of it.
• If you have committed crimes like fraud or misrepresentation when getting a US visa for yourself or another person.
• If you have once violated laws on the possession, distribution, and use, of illegal drugs.

Minor traffic offenses without an arrest and conviction do not affect your ESTA application. Nevertheless, if you answer yes to any of the above, you could be denied an ESTA and need to apply for a visa instead.

Getting a US visa with a criminal record

When you are applying for a non-immigrant visa, having a criminal record can affect whether your visa application will be accepted or denied.

When applying for a visa, the first step will be to complete the DS-160 application form, which has a ‘Security and Background Section’ with specific questions on criminal activities including:

• If you have been involved in, or plan to engage in money laundering.
• If you have ever violated or participated in the violation of laws on controlled substances.
• If you have been arrested or convicted of any crime or infraction.
• If you have once incited, helped, perpetrated, commanded, or participated in violent, political, or extrajudicial executions.

You will also need to fill out the Personal Data Sheet and present an official document detailing your criminal history.

Immigration law in the US can be complicated to understand. Border control officers may not be trained on how to interpret the law and entry accepting entry or denial is at their discretion. A criminal record can potentially deny you access to travel to the US but as you can see above, not all crimes do, and you can be eligible for an exception depending on the nature of the crime, how serious it was, and any special circumstances surrounding the process.

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ESTA Criminal Record Rules and Regulations

30 Jun 21:40

The ESTA permit is one of the most popular ways of visiting the United States. Whether you plan to visit the US for your next vacation, or transit travel through USA , you will need an ESTA for convenience.

But what is ESTA? ESTA offers a visa-free way for travellers to enter the US for 90 days at a time. It is fairly easy to apply for ESTA online, and you will receive a response within a day or two. However, it might be more difficult to apply with a history of criminal records. So, can you get an ESTA travel document with a previous criminal record? The answer is dependent on certain factors.

Does ESTA check criminal records? Yes. However, your criminal record might not matter if you satisfy some conditions related to the nature of the crime you committed, the date of the crime, and your age at the time.

Applying for ESTA with a criminal record:

The nature of your crime will be the ultimate determinant of whether you can get an ESTA. The USA would not reject your application outright if they mentioned records of a criminal past. In fact, you don’t have to declare less serious one-off charges. While filling out the application, you will have to answer a few eligibility questions to determine whether you have to declare your criminal record.

You will receive a response from the authorities within a day, usually after submitting the application. After that, you can check ESTA status online .

Do you have a conviction record?

ESTA questions on convictions will require you to give details about your criminal record. You will have to answer whether you have been arrested or convicted for a crime that resulted in serious damage to a person, property, or government authority. This question is important for filtering out serious criminals from people who might have committed a one-off crime through the ESTA form .

Moral turpitude in US law refers to crimes that "gravely violate the sentiment or accepted standard of the community." You will have to declare such crimes, and in most cases, it will render you ineligible for ESTA. Such crimes include:

• Crimes like murder, rape, kidnapping, manslaughter, serious assault, and gross indecency against a person.
• Crimes like forgery, bribery, tax evasion, and perjury that cause damage to the government authorities.
• Crimes like burglary, arson, and theft deprive people of their property.

If you have been arrested, prosecuted, or convicted because of a serious crime, you must answer truthfully in your ESTA application. Anyone who has committed such a crime has to answer “Yes” to this question. You have to accept that you will not get your hands on the ESTA and begin applying for a visa instead. Lying can have serious consequences.

There are some exceptions allowed. If you committed the crime before you were an adult, that is, before you turned 18, you could be allowed into the United States with ESTA regardless. If you received a sentence of 6 months or less, or the maximum sentence for your crime was a year, you might be considered eligible for an ESTA as well.

In these cases, you have to seek legal counsel if you plan to answer in the negative to the question in the application. You should clarify all your doubts and try to be on the safe side. This is because you will not be guaranteed entry into the US even if your ESTA is approved. You may pass the ESTA criminal record check, but the border patrol can still access your criminal history and deny you entry.

What if you have a traffic offense?

According to the rules of the US government, you have not committed a serious crime if you were charged with a traffic offense or drunken driving but did not cause an involuntary homicide. People who have speeding or parking violations without gross negligence are mostly eligible as well. Frequency is important here, though, because repeat offenders are not given so much leniency.

Addicts arrested multiple times for violating the liquor laws have to answer in the affirmative regarding the criminal record question in the ESTA application. In addition, if your traffic violations have inflicted harm and damage upon other individuals or government authorities, then you will not be granted an ESTA.

ESTA eligibility for those with drug offense convictions:

The United States has a zero-tolerance policy for those involved with illegal drugs. Therefore, if you have ever been arrested for possessing, distributing, or using illegal drugs, you will have to answer in the affirmative under the criminal record question in the ESTA form. Few exceptions exist that you can consider.

The rules regarding medical cannabis are likely to vary based on your country of origin. In most cases, medical cannabis consumed without any supervision will be considered illegal drugs. However, if you consume medical cannabis for strictly therapeutic purposes, you do not have to acknowledge it as part of your criminal record. Similarly, if you consumed legal drugs in your country, you technically are in no legal trouble.

Overall speaking, if you did not break any laws when consuming drugs and there are no drug-related convictions in your past, your ESTA application should not run into any problems. However, if you have been proven guilty of your drug offenses, it is better to apply for a visa instead.

Were you convicted of assault?

If you have never inflicted serious damage to someone or their property by assault, it will not count under the criminal record of your ESTA application. However, people arrested multiple times for assault have to answer 'Yes' to the criminal record question. The United States will not allow habitual offenders of assault into the country by ESTA.

ESTA application for people with the suspended sentence:

Suspended Sentence refers to a situation where the judiciary declares punishment with conditions. If the person in question is arrested again because of another crime they commit, the suspension is revoked, and they have to suffer the punishment. The Customs and Border Protection of the United States have jurisdiction over ESTA, and they do not qualify suspended people as criminals by moral confusion.

Fraud and Misrepresentation:

If you have ever misrepresented yourself or committed fraud to help someone else enter the United States under false pretences, you will not be eligible for an ESTA permit. This might not be directly associated with your criminal record, but it will have an important bearing on your ESTA eligibility. This is because the United States considers fraud and misrepresentation as a criminal offense, and your ESTA will be denied if you have been guilty of it.

Always disclose your criminal record!

You might wonder if there is a way to apply for the ESTA without revealing your criminal background, but that is a dangerous route to take. You are bound to be caught at some point because the United States is very particular about barring entry for people who can commit serious crimes and harm American residents.

Travelling to the USA with a criminal record

If you have been unable to secure an ESTA, you might want to consider applying for a visa instead. You can also describe the criminal record more specifically when applying for a visa. This will allow the authorities to look at your case individually. Depending on the rest of your personal history, you might be able to secure a visa interview despite your criminal record.

Answer every question on the ESTA form as accurately as possible, including the ESTA social media questions and criminal record questions. If you cannot have an ESTA permit, there are other avenues you can take to enter the United States.

My ESTA was denied because of my criminal record. What should I do?

There is an option to apply for a tourist or business visa if you cannot get an ESTA. However, the visa application process might be lengthier, so you should get started right away.

Will I be eligible for ESTA with a good behaviour bond?

If you answered any of the criminal record questions in the ESTA application in the affirmative, a good behaviour bond could not save you. However, it could enhance your visa application.

I was convicted. Can I get an ESTA?

To sum it up, you can get an ESTA with a criminal record only if your crime was not serious or repetitive. You have to answer in the negative to the criminal record questions in the form honestly.

As long as your crime was not serious, you have a chance to enter America by going through the correct channels. However, the safest way for anybody with a criminal record to enter the United States is to use a visa instead of an ESTA.

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Can I travel to the USA with a criminal record?

by AllCleared | May 12, 2017

Yes, you can travel to the USA with a criminal record. You may already be eligible or you may need to apply for a waiver. The US takes its border security very seriously. If you have been denied entry to the U.S. once because of a criminal record, you will be denied again. You risk having your car seized and may be detained in the US These same risks also apply to anyone you are travelling with. Even if you are pardoned in Canada , you can still face barriers in the US because of a criminal record.

In order to eliminate the risks of entering the United States with a criminal record, you can apply for a US Entry Waiver. This document, provided by the Department of Homeland Security , overrides the personal discretion of border security officers. It is issued for a set period of time and allows you to cross the border into the US.

In most cases a DUI , will not prevent travel to the US. There are some other offences that will not require a waiver. If you are considering entering the US with a criminal record,  contact us for a free consultation.

There are many reasons you may choose to travel to the U.S., including business, work and vacation. Not being able to make these trips because of an old criminal conviction is not only harmful to your working life, but it’s also embarrassing. You can take steps to get an entry waiver that will ensure you can go cross without worry.

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Entry requirements

This information is for people travelling on a full ‘British citizen’ passport from the UK. It is based on the UK government’s understanding of the current rules for the most common types of travel. 

The authorities in the US set and enforce entry rules. If you’re not sure how these requirements apply to you, contact the US Embassy or a consulate in the UK .

COVID-19 rules

There are no COVID-19 testing or vaccination requirements for travellers entering the US.

Passport validity requirements

To enter the US, your passport must be valid for the length of your planned stay.

If you’re travelling through another country on your way to or from the US, check the entry requirements for that country. Many countries will only allow entry if you have at least 6 months validity remaining on your passport. 

Dual nationals  

US law requires US citizens to enter and exit the US using a US passport. Contact the US Embassy or a consulate in the UK for more information.

Visa requirements

To enter or transit through the US, you must have either an  Electronic System for Travel Authorisation ( ESTA ) visa waiver  or a visa .

The US State Department has more information on visas .

Applying for an ESTA visa waiver 

Apply for an ESTA visa waiver through US Customs and Border Protection. You can also apply using the ESTA Mobile app on android or on iOS .

You cannot apply for an ESTA visa waiver if you have:

• been arrested (even if the arrest did not result in a criminal conviction)
• a criminal record
• been refused admission into, or have been deported from the US
• previously overstayed under an ESTA visa waiver

You cannot normally apply for an ESTA visa waiver if you were in the following countries on or after March 2011: 

• North Korea

You cannot apply for an ESTA visa waiver if you travelled to or were in Cuba on or after 12 January 2021. 

If you are not eligible for an ESTA , you must instead apply for a US visa.

Applying for a visa

The US Embassy in London has information on how to apply for a visa .

US visa appointments

Visa appointments at the US Embassy in London are limited. Plan your application as far ahead as possible before travel. If you need to travel urgently, you can request an expedited interview through the US Embassy’s appointment service provider.

The US Embassy has more information on visa appointments .

Children and young people

Anyone aged 17 and under must:

• have a valid visa or ESTA visa waiver on arrival
• be able to provide evidence about the purpose, location and length of their visit if asked by immigration officials
• have written consent from one or both parents if travelling alone, with only one parent, or with someone who is not a parent or legal guardian

The US authorities can stop you entering the country if they have safeguarding concerns about a child. If this happens, the US authorities will take the child into their care, and their return from the US could take months. The Foreign, Commonwealth & Development Office ( FCDO ) cannot speed up the return of British nationals aged 17 and under from the US.

The US government has information about children travelling to the US . If you have questions, contact the US Embassy in the UK .

Vaccine requirements

For details about medical entry requirements and recommended vaccinations, see TravelHealthPro’s US guide .

Customs rules 

There are strict rules about goods you can take into or out of the US . You must declare anything that may be prohibited or subject to tax or duty.

Global Entry programme

The US Customs and Border Protection programme Global Entry allows pre-approved travellers through border control faster at some US airports. If you’re a British citizen, you can  register to get a UK background check . If you pass the background checks, you’ll be invited to apply for Global Entry.

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• Traveling Outside the U.S. with a Criminal Ba...

Traveling Outside the U.S. with a Criminal Background

(This may not be the same place you live)

  Can You Travel Outside of the U.S. with a Criminal Background?

Whether or not you can travel outside of the U.S. with a criminal background will depend on the country you wish to visit, the nature of your criminal record, and the severity of your offense. Generally speaking, most countries have their own laws and regulations regarding entry and immigration, and it is up to their discretion to decide who they allow into their country.

If you plan on traveling with a misdemeanor record, you may still be able to go to some countries, especially those that do not have strict immigration policies. However, some countries may deny entry to people with a criminal background, particularly for serious or violent offenses.

Even if you are able to travel to another country with a criminal background, you may still face additional scrutiny and restrictions during the immigration process, such as additional questioning or searches.

If you are planning to travel outside of the U.S. with a criminal background, first research the specific entry requirements for the country you plan to visit and speak with an immigration lawyer if necessary.

Additionally, you may want to apply for a travel waiver or visa, increasing your chances of being granted entry into certain countries.

What Are Some Effects of Having a Criminal Record?

What about traveling as a u.s. citizen, what about traveling as a non-u.s. citizen, how can i avoid difficulties when traveling, what else should i know about traveling with a criminal background, can i obtain a passport with a criminal record, can i travel outside of the u.s. if my record was expunged, how can an immigration lawyer help.

Having a criminal record can have significant and long-lasting effects on your life, including your employment opportunities, housing options, and even your ability to travel outside of the country.

Here are some specific effects of having a criminal record, particularly for felonies , DUI charges , and unpaid child support :

• Travel restrictions: A criminal record can limit your ability to travel outside the country, particularly for felony offenses and DUI charges. Some countries may deny entry to people with certain criminal convictions or may require additional documentation, such as a travel waiver or visa, which can be difficult to obtain.
• Employment opportunities: People with a criminal record may have difficulty finding employment, particularly in fields that require background checks, such as healthcare, education, and finance. Some employers may have policies that automatically disqualify people with certain types of criminal convictions.
• Housing options: Landlords and property managers may also conduct background checks on potential tenants and may be hesitant to rent to people with a criminal record, particularly for felony offenses.
• Financial impacts: Unpaid child support can result in a criminal record and can have significant financial impacts, including wage garnishments, tax refund intercepts, and even arrest warrants.
• Personal relationships: Having a criminal record can also impact your personal relationships, as some people may be hesitant to associate with people who have been convicted of a crime.

Having a criminal record can have long-lasting effects on your life, and it is crucial to understand the potential consequences of criminal convictions. If possible, seek legal advice to explore your options for reducing or expunging a criminal record.

As a U.S. citizen, you have the right to travel within the country and to most international destinations. However, having a criminal record can impact your ability to travel to some countries, particularly for felony offenses and DUI charges.

Some countries have strict immigration policies and may deny entry to people with certain criminal convictions, while others may require additional documentation, such as a travel waiver or visa. You should research the specific entry requirements for the country you want to visit and speak with an immigration lawyer if necessary.

For non-U.S. citizens, having a criminal background can significantly impact their ability to travel, particularly if they are not citizens of the country where the offense was committed.

Many countries have strict immigration policies that may deny entry to people with criminal convictions, even for minor offenses.

Additionally, some countries may require a visa or other documentation for entry, which may be hard to obtain for people with a criminal record.

Research the specific entry requirements for the country you wish to visit and consult with an immigration lawyer. In some cases, obtaining a waiver or pardon may be possible to overcome the criminal inadmissibility grounds and gain entry into the country.

Here are some tips to help you avoid difficulties when traveling with a criminal background:

• Research entry requirements: Before booking your trip, research the entry requirements for the country you want to visit. Some countries have strict immigration policies and deny entry to people with criminal convictions. If you are unsure about the requirements in the country you are planning to visit, speak with an immigration lawyer.
• Obtain necessary documentation: If additional documentation, such as a travel waiver or visa, is required, make sure to obtain it well in advance of your travel dates.
• Disclose your criminal record: Be honest when filling out travel forms and disclosing your criminal record. Failing to disclose your criminal record can result in a denied entry or even further criminal charges.
• Plan for additional screening: If you have a criminal record, plan for additional screening and questioning during the immigration process. Try your best to stay calm and answer all questions truthfully.

Other legal issues to consider when traveling with a criminal background include the possibility of an immigration hearing , depending on the country you are planning on visiting. An immigration hearing may be required if you have been denied entry or if the immigration authorities have questions about your criminal history.

If an immigration hearing is required, contact an immigration lawyer to talk about your rights and options.

The answer is generally yes. However, there are some circumstances where a passport may be denied or revoked, such as for certain felony convictions or outstanding child support payments. Check with the U.S. Department of State for more information on passport eligibility requirements.

If your criminal record has been expunged or sealed, it may still impact your ability to travel outside of the U.S., depending on the country you are planning to visit. Some countries still consider the expungement or sealing of your record in their immigration decisions.

For this reason, you should research the specific entry requirements for the country you wish to visit before making any definite plans and consult with an immigration lawyer if necessary.

If you have concerns about traveling outside of the U.S. with a criminal background, you should talk to an immigration lawyer .

An immigration lawyer can help you research the specific entry requirements for the country you want to visit and advise you on any legal issues you may face. They can also help you prepare the necessary documentation and represent you in an immigration hearing if required.

Don’t hesitate to seek legal guidance from an experienced immigration lawyer to ensure a smooth travel experience outside of the United States. Use LegalMatch’s online attorney-client matching system to help you find the right immigration lawyer for all of your international travel needs today.

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Travelling abroad with a criminal record – Country by country

Our mission is to support & advocate for people with criminal records to be able to move on positively in their lives. Find out more

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Aim of this page, why is this important, travel to africa, travel to the americas, travel to asia, travel to oceania, personal experiences, discuss this with others, useful links, more information, get involved.

If you’ve been convicted of a criminal offence in the past, then your opportunities for entering another country may be limited. It can be difficult to get a definitive answer as to what questions are being asked by a country’s immigration department about criminal records.

The aim of this page is to give brief guidance on the entry criteria for various countries throughout the world. It’s part of our information on travelling abroad .

Many countries do not readily welcome people with a criminal record. However, how relevant your offence is and the time period that should elapse before being given permission to enter varies from country to country. Some are a lot stricter than others and it’s likely that we will have separate information where this is the case.

If you are being supervised by probation or on licence, you should follow the advice provided to you by your probation officer. Leaving the country without permission may result in a breach of your licence conditions.

If the country you’re intending to visit doesn’t require you to have a visa then you’re less likely to have a problem as a result of your criminal record.

Disclosure of your criminal record will often vary depending on the type of visa that you’re applying for. Most countries that issue retirement visas will require a police certificate as do work and student visas.

If you’re asked about your criminal convictions you should answer truthfully. If you don’t and they subsequently come to light, this could result in a lengthy or permanent bar to entering the country; this is especially so in Canada and the USA.

A visa to travel to Egypt needs to be purchased online in advance. However, there are no questions about criminal records on the visa application form.

The majority of people travelling to Ethiopia will require a visa. This is available as an e-visa which can be completed in advance or can be purchased on arrival. There are no questions about criminal records on the form.

Almost everybody travelling to Kenya will require a visa; the majority of individuals will be able to apply for an online e-visa . This visa application form asks individuals to disclose “any offence under any system of law”.

The majority of people travelling to Tanzania will require a visa. It can be purchased on arrival in the country or in advance as an online e-visa . There are no questions about criminal records on the application form.

Most visitors will not need a visa to visit Morocco. They will be asked to complete a Moroccan Immigration Landing Card but this has no questions about criminal records.

The majority of visitors will not need a visa to travel to Tunisia. They will be asked to complete a Tunisian Immigration Landing Card but this has no questions about criminal records.

South Africa

Most visitors will not need a visa to visit South Africa but they will usually be asked to complete a TC-01 Traveller Card on arrival (this is generally for customs purposes). There are no questions about criminal records on the TC-01 form. Further information on travelling to South Africa can be found here .

If you’re a British passport holder, travelling for less than 90 days, you won’t need a visa to travel to Argentina.

If you’re a British passport holder, travelling for less than 90 days you won’t need a visa to visit Brazil. You will be asked to complete a Brazilian Immigration Arrivals Card but there are no questions about criminal records.

Detailed guidance on travelling to Canada can be found here .

If you’re a British passport holder travelling for less than 90 days you won’t require a visa to travel to Chile. You will be required to complete a Tourist Card but there are no questions about criminal records.

Before travelling to Cuba you’ll need to purchase a Tourist Card online . There are no questions about criminal records on the application form.

Dominican Republic

If you’re a British passport holder travelling for less than 30 days you won’t require a visa to travel to the Dominican Republic. The purchase of a Tourist Card is no longer required.

If you’re a British passport holder you won’t require a visa to travel to Mexico. You will be asked to complete an Immigration Card on both arrival and departure but there are no questions about criminal records.

If you’re an British passport holder you won’t require a visa to travel to Peru if you’re visiting as a tourist.

Detailed guidance on travelling to the USA can be found here .

Tourist visas can be purchased on arrival in Cambodia or online by e-visa .

Detailed guidance on travelling to China can be found here .

You can travel to Hong Kong for up to 6 months without a visa. You will be asked to complete an Arrivals Card but there are no questions about criminal records.

Detailed guidance on travelling to India can be found here .

If you’re a British passport holder travelling for up to 30 days you won’t require a visa to travel to Indonesia. The Arrivals Card has also recently been abolished.

The majority of people visiting Iran will need a visa . You should make sure that you apply well in advance of your visit as the process can be long an unpredictable. There is a question on the visa application form which asks “Have you ever had any history of arrests or convictions in any country” .

You won’t need a visa to enter Israel as a tourist. Upon entry, visitors will be given an Entry Card to complete where you’ll be asked to confirm that you’ve not committed any criminal offence.

Detailed guidance on travelling to Japan can be found here .

You can travel to Macau for up to 6 months without a visa. You will be asked to complete an Arrivals Card but there are no questions about criminal records.

If you’re a British passport holder you won’t need a visa to travel to Malaysia. Landing cards have now been abolished.

The majority of people travelling to Nepal will require a visa. You can apply online but there are no questions about criminal records on the application form.

Phillipines

If you’re a British passport holder you can enter the Phillipines without a visa for an initial period of 30 days. You will be asked to complete an Arrivals Card but it doesn’t ask questions about criminal records.

You can travel to Singapore for up to 90 days without a visa. You will be asked to complete a Disembarkation/Embarkation form but there are no questions about criminal records.

South Korea

If you’re a British passport holder you can enter South Korea as a tourist for up to 90 days without a visa. You will be asked to complete an Arrivals Card but it doesn’t ask any questions about criminal records.

If you’re a British passport holder you can enter Taiwan without a visa for 90 days. You will be asked to complete an Arrivals Card but it doesn’t ask any questions about criminal records.

British passport holders can enter Thailand for 30 days without a visa – this is known as a visa exemption. You will be asked to complete an Arrivals Card but it doesn’t ask any questions about criminal records.

If you’re a British passport holder you can get a tourist visa on arrival in the UAE. As the UAE embassies do not issue visas, you’ll need to apply for one via a UAE-based airline.

Until June 2021 British passport holders can enter Vietnam for 15 days without a visa. After June 2021, visitors will need to apply for an e-visa online although there are no questions about criminal records.

Detailed guidance on travelling to Australia can be found here .

New Zealand

Detailed guidance on travelling to New Zealand can be found here .

The personal stories below have been posted on theRecord , our online magazine:

Travelling to Thailand with a criminal record – You just Thai and stop me

Having my wings clipped by an old conviction – How my criminal record stopped me travelling with my family

Read and share your experiences on our online forum.

Key sections include:

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here .

• GOV.UK – Provides the latest travel advice by country including entry requirements
• For practical information – More information can be found in our travelling abroad section
• To read personal stories – You can read stories about this posted on theRecord, our online magazine, under the category of travelling abroad
• To discuss this issue with others – Read and share your experiences on our online forum
• Questions – If you have any questions about this you can contact our helpline .

Help us to add value to this information. You can:

• Comment on this page (below)
• Send your feedback directly to us
• Discuss your views and experiences with others on our online forum
• Share your personal story by contributing to our online magazine, theRecord .

Can you help please? My partner from Barbados lived in the UK some 20 years ago and whilst he was here was convicted and served a 15 year sentence in the UK. At the end of his sentence he was given a choice to either stay in the country under licence or go back to Barbados. As his family and grandchildren live in Barbados he made the decision to return there. We subsequently met nearly 5 years ago and my partner now wishes to come to the UK to visit me for a holiday. I understand he will need to apply for a standard visit visa however I have also read that if refused it is harder to obtain a visa through appeal. Can you recommend the best way to go forward with this please? Thank you

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Traveling with a Criminal Record: All Questions Answered

Sometimes, an unfortunate event happens to us that may prevent us from getting the life we want. This can be the case with a criminal record . It is good to be aware of what situations you will be in when traveling, as not every country is going to be flexible in your situation. Here are some tips and advice for anyone looking to travel with a criminal record.

If you have a criminal record, there are several countries that will not let you enter. This can be a problem if you want to travel for business or pleasure. Here is a list of countries that will not allow entry to those with a criminal record.

Apply Online

In this article…

I have a criminal record and want to travel: What countries can I visit?

The United States, Canada , Australia , and New Zealand are some of the countries that will not allow entry to those with a criminal record.

Other countries too may refuse entry to visitors with a criminal record.

Countries that may refuse entry to visitors with a criminal record.

Afghanistan , Algeria , Angola , Bahrain , Cambodia , Cameron, Central African Republic , China , Comoros , Djibouti , Equatorial Guinea , Eritrea , Gabon , Gambia , Guinea, Guinea-Bissau, Indonesia , Ivory Coast , Kazakhstan , Kuwait , Kyrgyzstan , Laos , Lebanon , Liberia , Libya , Malaysia , Maldives , Mauritania , Mongolia , Mozambique , Myanmar , Namibia , Nepal , Niger , Nigeria , Oman , Pakistan , Qatar , Russia, Saudi Arabia, Senegal , Sierra Leone , Somalia , South Sudan , Sudan , Syria , Tajikistan , Thailand , Togo , Turkmenistan , UAE, Uzbekistan , Vietnam , Yemen , Zambia , Zimbabwe

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How can I travel to America with a criminal record?

If you have a criminal record, you may still be able to travel to America. However, you will need to apply for a waiver in advance, which can be a lengthy and complicated process.

Even if you are granted a waiver, you may still be subject to additional scrutiny at the border. Be prepared to answer questions about your criminal record and why you are traveling to the United States.

If you have a criminal record, you may still be eligible for a US visa waiver . To apply, you will need to submit a completed application, including all required supporting documentation, to the US Embassy or Consulate where you will be applying for your visa.

What are the travel restrictions for people with a criminal record?

If you have a criminal record, travel restrictions will vary depending on the country you are trying to enter. For example, Canada will not allow people with certain types of criminal records to enter the country. The United States has a similar policy, but there are some exceptions. If you are hoping to travel to a country with strict travel restrictions for people with criminal records, it is best to consult with an attorney beforehand to see if there is any way to obtain a waiver.

Also read: US Work Visa – How to Apply

Can I get a waiver to enter the United States with a criminal record?

If you have a criminal record, you may still be able to enter the United States. Whether or not you are eligible for a waiver depends on the type of offense and how long ago it occurred.

If your criminal offense was a misdemeanor, such as petty theft or disorderly conduct, you may be eligible for a waiver if it occurred more than five years ago. If your offense was a felony, such as rape or murder, you will not be eligible for a waiver. ( Source )

In order to apply for a waiver, you will need to submit a completed application, along with supporting documentation, to the U.S. embassy or consulate where you will be applying for a visa. The consular officer will review your case and make a decision on whether or not to grant a waiver. If you are granted a waiver, you will be issued a visa and will be allowed to enter the United States.

How can I find out if my criminal record will prevent me from traveling?

If you have a criminal record, you may not be able to travel to certain countries. For example, Canada has a program called the International Criminal Information Centre (ICIC) which allows them to share information about people with criminal records with other countries. If you try to enter Canada and they find out you have a criminal record, you may be denied entry. ( Source )

There are also some countries that have specific requirements for people with criminal records. For example, Australia requires people with certain types of criminal records to apply for a special visa before they can enter the country.

If you’re not sure whether your criminal record will prevent you from traveling to a particular country, you can check with the embassy or consulate of that country.

There are a number of ways to check if you will be restricted from traveling to a particular country because of your criminal record.

The Foreign and Commonwealth Office (FCO) website has a list of countries that have entry requirements for British citizens. This list includes information on whether a country requires a criminal background check as part of its entry requirements.

The FCO also provides advice for British citizens traveling to specific countries. This advice includes information on any entry requirements for that country, including any requirements for a criminal background check.

If you are unsure whether your criminal record will restrict your travel to a particular country, you can check with the embassy or consulate of that country. You should do this before you book your travel arrangements.

In some cases, you may be able to apply for a waiver or exemption from the travel restriction. For example, you may be able to apply for a waiver if you are traveling for business or humanitarian reasons.

If you are found to be traveling to a country without the required documentation, you may be refused entry and could be deported. You may also be placed on a watch list which could make it difficult for you to travel to other countries in the future.

Can I travel internationally with a misdemeanor?

A misdemeanor on your record should not impact your ability to travel internationally.

There is no one answer to this question as different countries have different policies in place regarding entry for people with a misdemeanor. Some countries may allow entry for people with a misdemeanor, while others may not. It is important to research the entry requirements of a particular country before traveling there.

How can I travel if I have a criminal record?

If you have a criminal record, you may be able to travel if you meet certain requirements. For example, you may need to get a pardon or have your record sealed.

If you have a criminal record, traveling can be difficult. You may not be able to get a passport, or if you are able to get a passport, you may not be able to travel to certain countries. Even if you are able to travel, you may have to disclose your criminal record to customs and immigration officials, which could lead to problems.

Countries you can’t travel to with a criminal record

There are many countries that will not allow someone with a criminal record to enter. Some of these countries include Afghanistan, Algeria, Bahrain, Bangladesh , Barbados , Botswana , Brunei , Cambodia, Congo , Egypt , Ghana , Guyana, India , Iraq , Jamaica , Jordan , Kuwait, Lebanon, Libya, Malaysia, Mauritania, Morocco, Myanmar, Oman, Pakistan, Qatar , Saudi Arabia, Sierra Leone, Singapore, Somalia, Sudan, Syria, Taiwan, Thailand, Tunisia , Turkey, United Arab Emirates, Uzbekistan, Vietnam, Yemen, and Zimbabwe.

Do the Bahamas allow felons to enter?

The Bahamas does not have a formal policy on felons entering the country. However, it is generally assumed that felons would not be allowed to enter the Bahamas due to the country’s strict laws on crime and violence.

UK Criminal record travel restrictions

If you have a criminal record in the United Kingdom, you may be restricted from traveling to certain countries. This is because some countries do not allow people with criminal records to enter their territory.

Can I travel to the Caribbean with a criminal record?

If you have a criminal record, you may still be able to travel to the Caribbean . However, you will need to check with the embassy or consulate of the country you wish to visit to find out their specific requirements.

You may also need to get a waiver from the country’s government in order to be allowed entry.

Can green card holders with criminal records travel?

If you have a criminal record, you may still be able to get a green card (permanent resident card), but it will likely be more difficult and you may need to apply for a waiver of inadmissibility.

If you have been convicted of a crime, you are not automatically ineligible for a green card. However, your crime may make you inadmissible to the United States, which means you will not be able to get a green card unless you qualify for a waiver of inadmissibility.

There are many different types of crimes that can make you inadmissible, including:

• Crimes involving moral turpitude (such as fraud or theft)
• Aggravated felonies
• Drug offenses
• Human trafficking offenses
• Domestic violence offenses
• Unlawful presence in the United States

Also read: Visa Free Countries

If you are inadmissible to the United States, you may still be able to get a green card if you qualify for a waiver of inadmissibility. There are many different types of waivers available, and each has different requirements.

For example, the waiver for a crime involving moral turpitude requires that you show that you have been rehabilitated and that your crime was an isolated incident. The waiver for an aggravated felony requires that you show that you will be facing extreme hardship if you are not allowed to enter the United States.

If you have a criminal record and you want to get a green card, you should speak with an experienced immigration attorney who can help you determine if you are eligible for a waiver and assist you with the application process.

• Countries You Can’t Travel to With a Criminal Record
• What is the Purpose of a Passport? All Your Questions Answered
• Customs and Etiquette: How to Adapt to Different Cultures While Traveling
• Money Matters: Managing Your Finances While Traveling Abroad
• Things To Do Before Traveling to Japan

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Travelling from the UK with a criminal record

• Nacro services
• Criminal Record Support
• Advice for individuals
• Travel with a criminal record

If you want to travel or emigrate abroad, your criminal record may prevent you from entering certain countries. Each country will have its own entry criteria, and if you are considering moving or travelling abroad you should check the entry criteria with the relevant embassy to see if any documentation is required.

Travelling abroad

The United Kingdom does not routinely share criminal records with foreign authorities. As a result, if you declare a criminal record on your visa application form, you may be required to provide a police certificate as part of your application.

Police certificates  are issued by the  Criminal Records Office (ACRO) for those wishing to travel to certain countries. Police certificates give details of all convictions, cautions, final warnings and reprimands recorded on the Police National Computer, although ACRO filters certain records after a certain period of time under their step-down guidelines.

Travelling to specific countries

There are different restrictions for different countries. The below are the top countries we are asked about.

If you are a UK citizen and you wish to travel to Australia for business or leisure, you can apply for an eVisitor visa . This allows you to visit Australia for up to three months at a time during any 12-month period.

To be eligible to apply for an eVisitor visa, the conditions state that you must not have any criminal convictions, for which the sentence or sentences are for a total period of 12 months duration or more (whether served or not), at the time of travel to, and entry into, Australia.

You will be asked to disclose any offences that are currently awaiting legal action and whether you have been convicted of an offence in any country.

You will not be eligible to apply for an eVisitor visa if:

• You have a conviction that resulted in a prison sentence of 12 months or more (regardless of the time served)
• You have been convicted for two or more offences and the combined length of all your sentences amounts to 12 months or more (regardless of the time served)
• You have a suspended prison sentence where the period you would have served, had it not been suspended, was 12 months or more

If you are not eligible to apply for an eVisitor visa, it doesn’t necessarily mean that you cannot travel to Australia. It means that you will have to apply for a  full tourist visa  through the Australian Embassy. As part of your application, you will need to apply for a  police certificate .

To be granted a tourist visa to travel to Australia, you must be deemed to be of ‘ good character ’. The Australian authorities will take your criminal record into account when determining whether you are of good character and will have particular concerns if you have a  substantial criminal record . They define a substantial criminal record as the following:

• A sentence of life imprisonment
• A sentence of imprisonment of 12 months or more (regardless of time served)
• Acquittal of an offence on the grounds of either unsoundness of mind or insanity if, as a result, you have been detained in a secure hospital or facility
• A current, or previous, association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct

If any of the above points apply to you, you will need to provide evidence of what you have done since the offence that can reassure them that you are of good character. This will be taken into account when they assess your application.

If your visa application is cancelled on the grounds of either a substantial criminal record, or past and present criminal conduct, you will be permanently excluded from entering Australia.

If you wish to appeal this decision, you must do so within 28 days. Appeals can be made to the  Administrative Appeals Tribunal .

Changes to the entry requirements for Canada were implemented in March 2016. These changes mean that UK citizens need to apply for an Electronic Travel Authorisation (eTA) to fly or transit through Canada.

If you are not a UK citizen, check the  Canadian Embassy website  to find out if you need an eTA or visitors visa.

You can  apply online  for the eTA and, in most cases, your eTA will be approved within minutes of you completing the application. However, there is a question on the application form that asks:

“Have you ever committed, been arrested for, been charged with, or convicted of any criminal offence in any country?”

The advice from the Canadian Embassy is that you should answer yes to this question if you have ever been arrested, charged with or convicted for a criminal offence in any country. There is also some space on the form to provide details and failure to provide sufficient details may delay the processing of your application.

If you answer ‘yes’ to the question, you will be asked to provide a Police Certificate and your court records within a 30-day period.

Under Canada’s immigration law, you may be refused entry to Canada if you have been convicted of a criminal offence. However, this will depend on the crime, how long ago it was and how you have behaved since. Your application may be granted if you:

• convince an immigration officer that you meet the legal terms to be deemed rehabilitated
• apply for rehabilitation and this has been approved
• were granted a record suspension or
• have a temporary resident permit.

If your convictions are spent under the terms of the  Rehabilitation of Offenders Act 1974 , you will be deemed rehabilitated for the purposes of entering Canada. This is following a decision made in the 1991 case of Canada (Minister of Employment and Immigration) v. Burgon.

If your convictions are spent, you do not need to apply for rehabilitation, but you should check that you are eligible to be considered as such before you travel. For more information on how to do this, please see here.

If you need to travel to Canada for a particular reason, you can apply for a temporary resident permit. For more information on how to do this, please see here.

If you wish to emigrate to Canada, you will need to provide a  police certificate  as part of your application.

British passport holders visiting mainland China for whatever reason must hold a valid Chinese visa. From 10 th  December 2018, the Chinese Embassy has introduced a new website to streamline and improve efficiency for online visa applications and appointments. You must apply for your visa via  www.visaforchina.org

Does the application form ask about criminal records?

Yes. Section 8, question 8.4, the application form asks:

‘Do you have any criminal record in China or in any other country? Yes/No’

If ‘yes’ you must then provide details.

If I disclose my criminal record, will I get a visa?

It is unknown if disclosing a criminal record will prevent you from obtaining a visa. The Chinese Embassy has said that disclosure of a record will not necessarily stop an applicant from getting a visa.

This should be interpreted as; every applicant who chooses to disclose a criminal record will be treated on a case by case basis.

British passport holders need a visa to visit India. From 1 st  April 2017, you can apply for an e-visitor from the Indian Government’s e-visitor website.

Do they ask about criminal records?

Yes. As part of the e-visitor application they ask about criminal records. They ask the following questions.

• Have you ever been arrested / prosecuted / convicted by Court of Law of any country?
• Have you ever been engaged in human trafficking / drug trafficking / child abuse / crimes against women / economic offence / financial fraud?
• Have you ever been engaged in cyber crime / terrorist activities / sabotage / espionage / genocide / political killing / other acts of violence?
• Have you ever by any means or medium expressed views that justify or glorify terrorist violence or that may encourage others to terrorist acts or other serious criminal acts.

If you answer yes to any of the above questions, you will be asked to provide further details in a box on the form.   You may be required to provide a police cert

British Citizens can enter Japan as a visitor for up for 90 days. If you are visiting Japan for any other purposes (e.g. work or studying) you will need to obtain a valid visa from the Japanese Embassy.

Yes, on the Disembarkation Card for Foreign Nationals (landing card), they ask the question:

‘Any history of being convicted of a crime (not only in Japan) Yes/No’

If I tick ‘yes’ on the Disembarkation Card, will I be allowed entry into Japan?  

Japan has some of the strictest entry requirements for foreign nationals.  The Immigration Control and Refugee Recognition Act  states the following:

A foreign national who falls under any of the following item shall not enter Japan.

(iv) A person who has been convicted of a violation of any law or regulation of Japan, or of

any other country, and has been sentenced to imprisonment with or without work for 1 year

or more, or to an equivalent penalty. However, this shall not apply to those convicted of a

political offense.

(v) A person who has been convicted of a violation of any law or regulation of Japan or of

any other country relating to the control of narcotics, marijuana, opium, stimulants or

Psychotropic substances, and has been sentenced to a penalty.

If you tick ‘yes’ on the Disembarkation Card, you will almost certainly be questioned upon arrival by an immigration officer, who will then make a decision whether to allow you entry into Japan.

British citizens do not need a visa to visit Mexico for tourist purposes. You will need to complete an immigration form and have it with you when you arrive and leave Mexico. This form is known as a Forma Migratoria Multiple (FMM). You can complete the form online  in advance or when you arrive in Mexico.

The Forma Migratoria Multiple (FMM) does not ask about criminal records.

British nationals don’t need a visa to enter Morocco for the purpose of tourism for up to 3 months.

Do I need to declare my conviction on entry to Morocco?

The landing card in Morocco does not ask for a disclosure of criminal records.  The information required are; full names, date and place of birth, nationality, country of residence, occupation, passport details, address in morocco and reasons for visit.

British citizens can enter the Philippines for up to 30 days visa free. If  you intend to stay for longer than 30 days, you can apply for a tourist visa from the Philippines Embassy

If you arrive in the Philippines, you will need to complete an arrival card (see below) The arrival card does not ask about criminal records.  

If you require a visa for your visit to the Philippines, you will have to complete a  visa application form . Question 16 on the form asks:

‘Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other legal action? NO YES, if yes, state circumstances’

  It is unknown if disclosing a criminal record here will prevent you from being issued a visa. Every applicant will be dealt with on a case by case basis. However, applicants with sexual or drug offences should be aware that the Philippines has a very strict rules and regulations which may block these individuals from obtaining a visa.  If you have any of the above offences, you will not be required to declare if you are staying for 30 days or less as a visa will not be required.

British nationals visiting South Africa for tourism or business purposes for a period of up to 90 days do not need a visa.

Do I need to declare my conviction on arrival?

You are required to complete a  Traveler Card when you arrive and leave South Africa. There is no requirement to declare criminal records.  The questions asked are around; reasons for visit, occupation, address in South Africa, if in possession of any prohibited goods and passport details.

British passport holders are granted a visa exemption and can stay in Thailand for up to 30 days without a visa. You must hold a valid British passport with 6 months minimum left before the expiry date.

In order to work or study in Thailand you will need to apply for a visa from the Royal Thai Embassy.

No. There is no reference to criminal records on the Thai T.M.6 Arrival Card (see below) or on the  Visa Application Form .

If you are a UK citizen, you can travel to the US without a visa if you intend to stay for 90 days or less, but you are required to apply for authorisation to travel under the Visa Waiver Program (VWP). You can apply for authorisation to travel to or through the US by completing an  Electronic System for Travel Authorization (ESTA) form .

If you have a criminal record, you may not be eligible to travel under the VWP. The ESTA form asks applicants for the following information:

• Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person, or government authority?

This question relates to ‘moral turpitude’ offences. ‘Moral turpitude’ is a legal term in the US that includes offences relating to:

• Crimes against the person such as murder, manslaughter, rape, gross indecency, serious assaults, kidnapping
• Crimes against property such as arson, burglary, theft, robbery, fraud, receiving stolen property
• Crimes against government authority such as benefit fraud, tax evasion, bribery, perjury

According to the legislation , your offence will not be considered one of moral turpitude if:

• You were under 18 when you committed the offence
• At least five years have elapsed since the date of your conviction or, where you were sentenced to a period of detention or imprisonment, at least five years have elapsed since the date of your release
• The maximum possible sentence for the offence was less than 12 months (regardless of the actual sentence you received) and you were sentenced to six months or less

Note that if your offence meets the above conditions, this does not mean you do not need to declare it. The advice from the US Embassy is that if you have ever been arrested or convicted for any reason in any country, even if the arrest did not lead to a conviction, you should answer ‘yes’ to this question. The only exception would be an arrest for a minor motoring offence that resulted in a fixed penalty notice or other out of court disposal.

• Have you ever violated any law related to possessing, using or distributing illegal drugs?
• Do you seek to engage in, or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?
• Have you ever committed fraud or misrepresented yourself to obtain, or assist others to obtain, a visa or entry into the United States?

If you answer ‘yes’ to any of the above questions it doesn’t necessarily mean that you cannot travel to the US. It means that you are not eligible to travel under the VWP. Instead, you will need to apply for a Visitor  Business (B1)  or  Pleasure (B2)  visa through the US Embassy. As part of your application, you will need to apply for a  police certificate  and you may need to attend an interview. The US Department of State have useful information on their  website  about what they take into account when deciding whether or not to grant a visa. See here for further information about applying for a visa.

My conviction or caution is spent under the Rehabilitation of Offenders Act. Do I still need to declare it on the ESTA form?

Yes. The Rehabilitation of Offenders Act 1974 has jurisdiction in England and Wales only. Other countries have different means by which they deem a person to be legally rehabilitated. The Rehabilitation of Offenders Act does not apply to US visa law.

Refusal of entry to/deportation from the US

When you check in for your flight at a UK airport, you will be asked a series of questions and your answers will be checked against the information provided in your Visa Waiver application. Similarly, when you reach immigration at a US airport, you will be asked to provide your fingerprints and again you will be asked a series of questions and your answers will be checked against your Visa Waiver application.

If your answers conflict with the information you have provided on your Visa Waiver application form, or if the authorities have any doubts about the information you have provided, you may find that you are refused entry to the US and you are returned back to the UK.

Refusal of a future visa application

It may be that you decide to withhold details of you criminal record and successfully travel to, or via, the US under the Visa Waiver Programme. It may then be the case that at some point in the future you need to apply for a visa to the US – perhaps because you take on certain employment – and you need to travel there for longer than 90 days, or you decide to emigrate.

In order to apply for the visa, you will need to supply a copy of your Police Certificate which may disclose details of your criminal record which you had previously withheld. The US Embassy will retain details of your previous Visa Waiver and this may then give them grounds to refuse your new visa application for having previously lied about your criminal record.

Applying for a visa

If you are not eligible to travel under the Visa Waiver Programme, you will need to apply for a Visitor  Business (B1)  or  Pleasure (B2)  visa through the US Embassy.

Visa application form

The visa application form asks ‘Have you ever been arrested or convicted for any offence or crime, even though subject of a pardon, amnesty or other similar action?’

The US Embassy advises that they expect you to declare any arrests or convictions, regardless of the nature of the offence or the length of time that has elapsed. Note that the Rehabilitation of Offenders Act 1974 does not apply to US visa law, so even convictions which may be deemed as spent would need to be declared.

Personal Data Sheet (VCU-01)

Where you declare that you have previous arrests or convictions, you will also be required to complete a Personal Data Sheet. This form requires further details about whatever you have declared.

Police certificate

As part of your visa application, you will be required to provide a Police Certificate issued by the  Criminal Record Office (ACRO) . The certificate must be issued within six months of the date of your visa interview.

ACRO filter certain eligible records from Police Certificates after the relevant period of time has elapsed. This means that you may find that some or all of your cautions or convictions are not recorded on your Police Certificate. For this reason, we recommend that you apply for your Police Certificate before completing the Personal Data Sheet.

Visa interview

Once you have completed your visa application, you can arrange an appointment with the Visa Coordination Officer at the US embassy in London. The decision to grant or deny a visa is made on a case-by-case basis. You can improve your chances if you prepare for the interview in advance, in particular thinking about how you can provide evidence about:

• Why you wish to travel to the US
• Why you wish to return to the UK (e.g. details of your job and/or family ties)
• Remorse for your offence(s)
• What you have learnt from your offence(s)
• How your circumstances have changed since your offence(s) .  Take any evidence of behavioural or education courses you have completed; counselling you may have undertaken and any other evidence of rehabilitation

For further advice and information, please contact the Resettlement Advice Service on 0300 123 1999 or email  [email protected] .

British nationals need a visa to travel to Turkey, except for cruise ship passengers with ‘British Citizen’ passports who arrive at sea ports for tourist visits to the port city or nearby cities, provided that the visit doesn’t exceed 72 hours.

If you’re visiting Turkey as a tourist or on business, you can apply for an  e-Visa  online before you travel.  If you don’t have an e-Visa you can still get a visa on arrival for £20 in cash, although the visa on arrival service is due to be phased out. Getting an e-Visa from the official website before you travel will avoid possible problems or delays at the Turkish border, or when boarding your flight in the UK. See  Entry requirements .

Do I need to disclose my criminal record when I apply for e-Visa?

A disclosure of criminal record is not required when you apply for e-visa.  The information required are; your full name, date and place of birth, passport number and dates of travel.

Citizens from countries such as the United Kingdom who do not require a visa to enter the Schengen Area will need to apply for an ETIAS travel authorisation beginning in 2024. The ETIAS system checks personal and travel information against various security databases to pre-screen travellers before they arrive at the border. This will aid in the identification of potential security threats and their prevention from entering the Schengen Area.

Each application for ETIAS will cost €7. Adults between the ages of 18 and 70 are subject to the fees. Minors and senior citizens (aged 70 and up) will not have to pay.

According to the latest information, applicants must answer security questions, informing authorities of any serious criminal offences that resulted in a conviction in the previous ten years. These are some examples:

• Terrorism (any conviction in the last 20 years)
• Child sexual exploitation
• Human smuggling
• Trafficking in drugs

If your ETIAS application is denied, you can apply for a Schengen Visa. In this case, you would need to go to the Embassy in your country for an interview and provide additional information about your criminal conviction as well as any other documents and information that are requested. Every applicant will be dealt with on a case-by-case basis.

When we have more information on the implications of having a criminal record and travelling to the Schengen Area, we will update this page.

You can contact us on 0300 123 1999 [email protected]

Monday – Thursday: 9am – 5pm Friday: 1pm – 5pm

Our advisors can help you with any questions you may have.

Understanding How To Check Your Travel History With The Criminal Records Information Centre

• Last updated May 11, 2024
• Difficulty Beginner

• Category Travel

Do you know what information is stored in your travel history? It may surprise you to learn that the Criminal Records Information Centre keeps a record of your travel movements, providing crucial information for law enforcement and border control. Understanding how to access and check your travel history with this comprehensive database is essential for ensuring your records are accurate and up to date. In this article, we will explore the significance of your travel history, why it's important to review it regularly, and the steps you can take to access this information through the Criminal Records Information Centre. So, join us as we delve into the world of travel records, revealing what valuable insights can be gleaned from understanding and monitoring your travel history.

What You'll Learn

Importance of checking travel history for immigration purposes.

• How to Access and Check Your Travel History with CIC?

Understanding the Information Included in Your Travel History Report

Common issues and troubleshooting when checking travel history with cic.

When it comes to immigration, checking travel history is an essential step in determining an individual's eligibility for entry into a country. The immigration authorities want to ensure that the person has not violated any immigration laws in the past and poses no threat to the security or welfare of the country they wish to enter.

The Canadian government, through its immigration authority, the Citizenship and Immigration Canada (CIC), has implemented a system for checking travel history that is thorough and efficient. This process plays a crucial role in determining whether an individual should be allowed to enter Canada or not.

So, how does the CIC check travel history? The answer lies in the use of various databases and information-sharing systems. Here's a breakdown of the steps involved:

• Passport Control: The first line of defense for immigration authorities is passport control. When an individual arrives at the port of entry, their passport is checked by an immigration officer. This officer has access to databases that contain information about previous visits to the country, as well as any immigration violations or criminal records.
• Electronic Travel Authorization (eTA): If an individual is traveling to Canada by air, they are required to apply for an Electronic Travel Authorization (eTA) before their trip. The eTA is linked to the traveler's passport and contains information about their travel history. This information is cross-checked with the CIC's databases to ensure accuracy.
• Immigration Databases: The CIC maintains several databases that contain information on immigration violations, criminal records, and travel history. These databases are regularly updated and shared with other government agencies, such as the Canadian Border Services Agency (CBSA), to ensure consistent and accurate information.
• Interpol and Other International Databases: To further enhance its ability to check travel history, the CIC also collaborates with international law enforcement agencies, such as Interpol. Interpol maintains a database of lost or stolen passports, as well as information on criminals and their travel history. This information is shared with the CIC, allowing them to identify individuals who may pose a threat or have violated immigration laws in other countries.
• Interview and Additional Documentation: In some cases, the immigration officer may conduct an interview with the traveler to gather additional information and clarify any discrepancies in their travel history. The officer may also request additional documentation, such as proof of employment or financial stability, to verify the purpose of the visit and ensure that the individual does not intend to overstay their visa or engage in illegal activities.

It is important for individuals to understand the significance of checking their travel history before applying for immigration. Any past immigration violations or criminal records can significantly impact their chances of being granted entry into a country. Therefore, it is crucial to be honest and provide accurate information during the immigration process.

In conclusion, checking travel history plays a vital role in immigration processes, especially when it comes to determining an individual's eligibility for entry into a country. The CIC and other immigration authorities utilize various databases and information-sharing systems to ensure that the information provided by travelers is accurate and that their past behavior aligns with the immigration requirements of the country they wish to enter. By checking travel history, the immigration authorities can better assess an individual's suitability for entry and maintain the security and welfare of the country.

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How to Access and Check Your Travel History with CIC

If you have applied for a visa or any other immigration service in Canada, it's important to keep track of your travel history. Checking your travel history is necessary as it helps you verify the details of your visits to Canada and other countries. The Canadian government provides a convenient way to access and check your travel history through the Canadian Immigration and Citizenship (CIC) website. In this article, we will explain how you can access and check your travel history with CIC.

Here's a step-by-step guide to accessing and checking your travel history with CIC:

• Visit the CIC website: Go to the official website of the Canadian Immigration and Citizenship (CIC) at www.cic.gc.ca.
• Sign in or create an account: If you already have an account on the CIC website, sign in using your credentials. If you don't have an account, click on the "Sign up" button to create a new account. Follow the instructions provided to create your account.
• Navigate to the "MyCIC" portal: Once you have signed in to your account, navigate to the "MyCIC" portal. This is where you can access various services related to immigration and citizenship.
• Access your travel history: Within the "MyCIC" portal, you will find a section called "Travel History." Click on this section to access your travel history.
• Verify your identity: To protect your privacy and ensure the security of your travel history, you may be required to verify your identity. This can be done through various methods, such as answering security questions or providing certain personal information.
• View your travel history: Once your identity is verified, you will be able to view your travel history. This will include details of your visits to Canada, including entry and exit dates. You may also find information about your visits to other countries, depending on the available data.
• Download or print your travel history: If you need a hard copy or electronic copy of your travel history, you can download or print it from the CIC website. Look for the options to download or print within the travel history section.

It's important to note that the travel history available on the CIC website may not include all your travel records. It typically includes information provided by airlines and government agencies at the time of your travel. If you notice any discrepancies or missing information in your travel history, it's advisable to contact the relevant authorities to have it corrected.

Accessing and checking your travel history with CIC is a crucial step in managing your immigration and citizenship records. By keeping track of your travel history, you can ensure the accuracy of your visa applications and other immigration-related processes.

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If you have ever traveled internationally, you may be curious about the information that is included in your travel history report. The travel history report, also known as a travel record or passport record, is an important document that contains a wealth of information about your international travel activities. Understanding the information included in your travel history report can be helpful for various reasons, such as immigration purposes, tracking your travel patterns, or simply keeping a record of your past trips.

Here's a breakdown of the information typically included in a travel history report:

• Personal Information: The report will usually start by displaying your personal details, including your full name, date of birth, passport number, and nationality. It is important to review this information carefully to ensure accuracy.
• Travel Dates: The report provides a comprehensive record of your travel dates, including the day you departed and the day you returned for each particular trip. This information can be useful for tracking your travel patterns or calculating the duration of a trip.
• Flight Information: The report will include details about your flights, such as the airline name, flight number, departure and arrival airports, and the dates and times of your flights. This information can be crucial for verifying your travel history and confirming your presence in certain locations.
• Immigration Checkpoints: The report will also list the immigration checkpoints you passed through during your travels. This includes airports, seaports, or land border crossings. Each entry will typically indicate the country and city where the checkpoint is located.
• Travel Purpose: For some travel history reports, there may be a section that specifies the purpose of your trip, such as business, tourism, or personal. This information can be helpful for analyzing the nature of your travels.
• Visa Information: If you obtained a visa for any of your trips, the report may include details about your visa, such as the visa type, issue date, and expiration date. This information is important for documenting your legal entry and stay in a foreign country.
• Immigration Entry Stamps: The report will display the immigration entry stamps that were placed in your passport upon entering a foreign country. These stamps serve as evidence of your legal entry into a specific country and can be used to track your previous destinations.

Can J1 Visa Holders Travel to Canada? Everything You Need to Know

Checking your travel history with the Canadian Immigration and Citizenship (CIC) can be an important step in various immigration processes. Whether you are applying for a visa or updating your immigration status, it is crucial to have accurate and up-to-date travel history information. However, there can be common issues and troubleshooting that you might encounter when trying to check your travel history with CIC. In this guide, we will discuss these issues and provide guidance on how to resolve them.

• Trouble accessing the CIC website: One of the most common issues when checking travel history with CIC is difficulty accessing their website. This can be due to technical difficulties, server issues, or high traffic. If you are facing this issue, the first step is to ensure that you have a stable internet connection. You can also try clearing your browser cache and cookies or using a different browser. If the problem persists, you can contact CIC's technical support for assistance.
• Forgotten or lost CIC account password: Another issue that can arise is forgetting or losing your CIC account password. To resolve this, you can click on the "Forgot your password?" link on the CIC login page. This will prompt you to answer security questions or provide additional information to reset your password. If you are unable to reset your password, you can contact CIC for further assistance.
• No travel history displayed: Sometimes, after logging into your CIC account, you may find that no travel history is displayed. This can happen if you have not entered your travel history information correctly or if your travel history has not been updated by the relevant authorities yet. To ensure that your travel history is accurately reflected, you should carefully enter your travel information into your CIC account, including the dates and countries visited. If your travel history is not updated after a significant period, you can contact CIC to inquire about the status of your travel history update.
• Incorrect travel history displayed: In some cases, you may find that the travel history displayed in your CIC account is incorrect. This can happen due to data entry errors or delays in updating the system. To address this issue, you can carefully review your entered travel history and make corrections as necessary. If the incorrect travel history persists, you can contact CIC to report the issue and request a correction.
• Travel history missing recent trips: Another common issue is when your recent trips are missing from your travel history. This can happen if there was a delay in updating your travel information. To resolve this issue, you can ensure that you have entered your most recent travel details accurately. If the missing trips persist, you can contact the relevant authorities, such as the Canada Border Services Agency (CBSA), to inquire about the status of the updates. Additionally, you can contact CIC to report the missing trips and request an update to your travel history.

It is important to note that the above-mentioned issues and troubleshooting steps are general guidance. Depending on your specific circumstances, additional steps or support may be required. In such cases, it is recommended to reach out to the appropriate authorities or immigration professionals for assistance.

In conclusion, checking your travel history with CIC is an essential part of various immigration processes. However, it is not uncommon to encounter issues when accessing or updating your travel history. By following the troubleshooting steps outlined in this guide and seeking appropriate support when needed, you can ensure that your travel history is accurate and up-to-date with CIC.

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Biden administration will propose changes to the asylum process

WASHINGTON — The Biden administration is proposing changes in the asylum process , which will allow immigration officials to reject migrants with criminal records sooner.

The Department of Homeland Security revealed details of the proposed new rule on Thursday.

Under current law, a migrant who arrives at the border and undergoes an initial "credible fear" screening is allowed to continue with the process even if they have a criminal background. They are detained in such cases.

"This is really intended to be a national security and public safety measure," the senior official said. "It’s intended to ensure that the people we are most concerned about can be removed as early as possible in the process."

Individuals "who pose a national security or public safety risk" would be subject to the new rule, "specifically those who have been convicted of a particularly serious crime, participated in the persecution of others, are inadmissible on national security or terrorism-related grounds, or for whom there are reasonable grounds to deem them a danger to the security of the United States," according to a DHS statement.

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Compared to the vast majority of cases, "the number of migrants who are subject to these bars is small," DHS said. The Homeland Security official refused to quantify the potential asylum seekers it would affect.

Immigration experts say asylum eligibility is complicated and questioned whether migrants applying for asylum will have access to legal representation that early in the process.

“The main issue here – which we have found repeatedly – is that when cases move quickly, people can’t get attorneys,” said Austin Kocher, assistant professor at Syracuse University who studies federal immigration enforcement.

“An attorney might be able, on the client’s behalf, to make interventions and provide some balance. But the way the policy is being proposed, they want to move this part of the process so fast, it’s going to be almost impossible for people to get attorneys,” Kocher said.

In an election year, the president is under significant pressure to keep unlawful crossings down.

"Congress hasn’t done anything meaningful on immigration in the lifetimes of most migrants,” Kocher said. “I can completely understand why the Biden campaign and the president himself would want to show they’re doing things to make it tougher at the border to balance out what is an extremely hardline position from the other side.”

President Joe Biden had been considering  new executive actions to crack down on record migration at the southern border after congressional Republicans in February blocked border legislation backed by the White House.

The legislation, which was killed in the Senate, would have given the Department of Homeland Security the power to shut down the border to migrants crossing illegally when daily crossings exceed a daily average of 4,000 in any one-week period.

And if migrant border encounters surpass an average of 5,000 a day − a threshold now met − DHS would have been required to close the border to migrants seeking to cross without prior authorization between ports of entry. 

S wapna Venugopal Ramaswamy is a White House correspondent for USA TODAY.   You can follow her on X, formerly Twitter, @SwapnaVenugopal

Washington AG investigating clergy abuse says Seattle Archdiocese won't cooperate

SEATTLE — Washington state Attorney General Bob Ferguson announced Thursday he’s seeking a court order to force the Seattle Archdiocese to turn over files on priests accused of sexual abuse and make its archbishop answer questions under oath as part of a sweeping probe into how the state’s three Catholic dioceses handled claims of child sex abuse.

Ferguson’s office is looking into “allegations that the Catholic Church has facilitated and attempted to cover up decades of pervasive sexual abuse of children by Church leaders in Washington State,” his office’s petition for a court order states.

Because the Seattle Archdiocese "refuses to cooperate” with civil subpoenas issued by his office last summer and last month , Ferguson went public with his probe Thursday by filing a legal petition in King County Superior Court that seeks an order “to enforce the subpoena,” his office said in a statement.

If obtained, such a court order would legally compel Seattle Archbishop Paul Etienne to appear for a deposition and force Washington’s largest Catholic diocese to produce a long list of internal records, including its trove of secret archives on clergy sexual abuse allegations dating back decades.

“Washingtonians deserve a public accounting of how the Catholic Church handles allegations of child sex abuse, and whether charitable dollars were used to cover it up,” Ferguson said at a press conference. “As a Catholic, I am disappointed the Church refuses to cooperate with our investigation.”

The archdiocese issued a statement Thursday disputing some of Ferguson's statements as inaccurate and saying it was blindsided by his petition because its lawyers had been cooperating with his office on "a shared legal analysis" for the investigation.

"Today's press conference was a surprise to us since we welcome this investigation and have been working closely with the Attorney General's team for months now," the statement said.

Ferguson’s office said it’s also prepared to seek court orders against the two other Catholic dioceses in Washington, in Yakima and Spokane, if either or both don’t comply with their latest subpoenas later this month.

With Thursday’s action, Ferguson became the 23rd attorney general to publicly announce an investigation into the Catholic Church in his or her state, his office said. 

Long called for by sexual abuse survivors and advocacy groups, Washington’s investigation is the first outside probe of the Seattle Archdiocese’s handling of clergy abuse, advocates for survivors say. The archdiocese has publicly identified 83 clergy members “as credibly accused” sex offenders, based on its own private evaluations. But for years, it has resisted advocates’ calls and media requests to release its secret files about clergy abuse or allow independent investigators to inspect them.

Ferguson noted other attorneys general investigations have revealed “dramatically greater numbers” of credible sexual abuse cases than what local dioceses have made public. An investigation in Illinois last year revealed more than four times as many substantiated child sex abuse cases than what Catholic dioceses in the state had divulged, he said.

Ferguson’s announcement also marked the first time he has acknowledged the existence of his investigation, which has been active since at least July .

In February, his office declined to confirm or deny the probe after a group of anti-clergy abuse activists held a press conference to contend that he was hiding the investigation from the public.

The announcement from Ferguson, a Democrat who is running for governor, came two days after NBC News pressed his office to disclose copies of the subpoenas that a reporter requested under Washington’s Public Records Act in March. Without confirming whether they existed, the attorney general’s office delayed its disclosure for more than two months by contending it was still searching for records.

Ferguson’s subpoenas, made public for the first time this week and shared with NBC News late Wednesday, clarify the legal underpinning for the probe. The first subpoena cites his office’s authority to “investigate transactions and relationships of trustees and other persons” under Washington’s Charitable Trust Act, which regulates certain tax-exempt corporations and entities that hold charitable assets in trust. 

A civil subpoena has never been used in Washington to investigate a religious organization, according to a legal analysis provided to Ferguson’s office and obtained by NBC News.

Ferguson’s approach is similar to one that New York Attorney General Leticia James used in 2020 to sue the Catholic Diocese of Buffalo, based on state civil laws regulating charities. James’ suit led to a landmark settlement in 2022.

Ferguson’s first set of subpoenas to Washington’s Catholic dioceses each include a cover letter dated July 26, signed by him and sent separately to Etienne, Yakima Bishop Joseph Tyson and the Rev. Victor Blazovich , the vicar of finance for Spokane’s bishop.

Ferguson’s letter contends that while Washington’s Charitable Trust Act exempts religious organizations, “the exclusion does not apply in the context of child sexual abuse, a heinous violation with no connection to religion or an entity’s religious status.”

The accompanying subpoenas list demands and instructions for each diocese to produce more than 20 categories of records, including all reports about sexual abuse allegations made against priests and other clergy members, employees and volunteers since Jan. 1, 1940.

The records demanded include those containing allegations against priests and others whom the dioceses already have publicly identified as “credibly accused” sexual abusers, as well as those they have not. The subpoenas also demand the dioceses to turn over communications with the Vatican about sexual abuse claims, and records showing church policies for compensating victims who alleged sexual abuse and accounting for any such payments that have been made.

All three dioceses had initially been given until Aug. 25 to comply with the first subpoenas, the records show.

“The dioceses only responded with information that was already public. They did not fully respond to the subpoena,” Ferguson’s office said in its statement.

Ferguson’s office also released copies of a second set of “amended subpoenas” that were issued last month to the three dioceses. Each includes demands for production of all previously identified records, plus five additional categories of records mostly about finances and accounting.

The Seattle Archdiocese had been given until May 10 to comply with Ferguson’s latest subpoena but notified the office this week that it objects to the subpoena and would not be complying, according to the attorney general’s office.

The deadline for the Yakima and Spokane dioceses to comply with their latest subpoenas is May 22, the records show.

Spokane's diocese said in a statement Thursday that it has nothing more to publicly divulge since a Chapter 11 bankruptcy case in 2004 “clearly revealed how the Diocese of Spokane dealt with all historic cases of sexual abuse.”

A statement from Yakima's diocese separately challenged Ferguson's subpoenas as invalid and unconstitutional, adding "there are already many public resources available for the information being sought."

“We cannot publicize everything in our records, however, to respect the privacy and confidentiality rights of, among others, both victims and falsely accused clergy," the Yakima Diocese's statement added. "And so, we will vigorously assert our First Amendment rights.”

Lewis Kamb is a national FOIA reporter for NBC News, based in Seattle. 

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Star witness michael cohen arrives at trump ‘hush money’ trial for long-awaited testimony.

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NEW YORK — The star prosecution witness in Donald Trump’s hush money trial is set to take the stand Monday with testimony that could help shape the outcome of the first criminal case against an American president.

Michael Cohen, Trump’s former lawyer and personal fixer, is by far the Manhattan district attorney’s most important witness in the case, and his expected appearance signals that the trial is entering its final stretch. Prosecutors say they may wrap up their presentation of evidence by the end of the week.

Cohen is expected to testify about his role in arranging hush money payments on Trump’s behalf during his first presidential campaign, including to porn actor Stormy Daniels, who told jurors last week that the $130,000 that she received in 2016 was meant to prevent her from going public about a sexual encounter she says she had with Trump in a hotel suite a decade earlier.

He also matters because the reimbursements he received form the basis of the charges — 34 felony counts of falsifying business records — against Trump. Prosecutors say the reimbursements were logged as legal expenses to conceal the payments’ true purpose.

Defense lawyers have teed up a bruising cross-examination of Cohen, telling jurors during opening statements that the fixer-turned-foe is an “admitted liar” with an “obsession to get President Trump.”

The testimony of a witness with such intimate knowledge of Trump’s activities could heighten the legal exposure of the presumptive Republican presidential nominee if jurors deem him sufficiently credible.

But politically, prosecutors’ reliance on a witness with such a checkered past — Cohen pleaded guilty to federal charges related to the payments and to lying to Congress — could be a boon for Trump as he fundraises off his legal woes and paints the case as the product of a tainted criminal justice system.

Either way, his role as star prosecution witness further cements the disintegration of a mutually beneficial relationship that was once so close that Cohen famously said he’d “take a bullet for Trump.”

After Cohen’s home and office were raided by the FBI in 2018, Trump showered him with affection on social media, praising him as a “fine person with a wonderful family” and predicting — incorrectly — that Cohen would not “flip.”

Months later, Cohen did exactly that, pleading guilty that August to federal campaign-finance charges in which he implicated Trump.

By that point, the relationship was irrevocably broken, with Trump posting on the social media platform then known as Twitter: “If anyone is looking for a good lawyer, I would strongly suggest that you don’t retain the services of Michael Cohen!”

Follow The Post’s live blog for the latest updates on Donald Trump’s “hush money” trial

Cohen later admitted lying to Congress about a Moscow real estate project that he had pursued on Trump’s behalf during the heat of the 2016 Republican campaign. He said he lied to be consistent with Trump’s “political messaging.”

Prosecutors are expected to elicit detailed testimony from Cohen about his past crimes in hopes of blunting the impact of defense lawyers’ questioning and showing that they’re not trying to hide his misdeeds.

But it’s unclear how effective that will be, given that defense lawyers will be prepared to exploit all the challenges that accompany a witness like Cohen.

In addition to painting Cohen as untrustworthy, they’re also expected to cast him as vindictive, vengeful and agenda-driven.

Since their fallout, Cohen has emerged as a relentless and sometimes crude critic of Trump, appearing as recently as last week in a live Tik Tok wearing a shirt featuring a figure resembling Trump with his hands cuffed, behind bars.

The judge on Friday urged prosecutors to tell him to refrain from making any more statements about the case or Trump.

“He has talked extensively about his desire to see President Trump go to prison,” Trump attorney Todd Blanche said during opening statements. “He has talked extensively about his desire to see President Trump’s family go to prison. He has talked extensively about President Trump getting convicted in this case.”

No matter how his testimony unfolds, Cohen is indisputably central to the case, as evidenced by the fact that his name was mentioned in the jury’s presence during opening statements more than 130 times — more than any other person.

Other witnesses, including former National Enquirer publisher David Pecker and former Trump adviser Hope Hicks, have testified at length about the role Cohen played in arranging to stifle stories that were feared to be harmful to Trump’s 2016 candidacy.

And jurors heard an audio recording of Trump and Cohen discussing a plan to purchase the rights to a story of a Playboy model, Karen McDougal, who has said she had an affair with Trump.

During a massive rally on Saturday in the southern New Jersey resort town of Wildwood, Trump revived his criticism of the case, wrongly blaming President Joe Biden for orchestrating the New York charges, calling the case a “Biden show trial.”

That argument ignores the reality that the hush money case was filed by local prosecutors in Manhattan who do not work for the Justice Department or any other White House office. The Justice Department has said the White House has had no involvement in the two criminal cases against Trump brought by special counsel Jack Smith.

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