visit america with a criminal record

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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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

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US Canada Border Crossing Guide

Crimes that will make you inadmissible to the U.S.

Both the U.S. and Canada make it very difficult for anybody with a criminal record to cross the border. You can be barred from entry for a very wide variety of criminal offenses – even if they seemed to be minor when you were charged. You should also realize that border officers are not trained as lawyers. It is therefore certainly possible that they may misinterpret the law or misapply it to your situation.

The list of criminal acts that will bar you from the U.S. is long and complex. You can read through the U.S. Customs and Border Protection discussion of what it takes to enter the U.S. with a criminal record . If you are still confused, you can call the U.S. Customs and Immigration Service for guidance.

However, unless it is pretty obvious that you fall under a clear exception, none of these steps may give you the answers you need. It is very possible you will want to consult an attorney who specializes in this field to determine if you will have a problem crossing the border. We have a separate pages that discuss how to resolve criminal inadmissibility to the U.S.

Crimes that will make you Inadmissible to the U.S.

Below is a very basic list of crimes that will make you inadmissible to the Unites States. This list is by no means complete. You should also note that not all of these crimes require an actual conviction in court to make the applicant inadmissible.

• This includes any attempt or conspiracy to commit such a crime.
• This does not include crimes committed when the person was under 18, as long as the person was released from jail more than five years before applying for a visa or other immigration benefit.
• It also excludes crimes for which the maximum penalty did not exceed one year in prison, if the person was not sentenced to more than six months in prison.
• This includes trafficking and any conspiracy to commit such a crime.
• This includes a single offense of simple possession for a small amount of THC residue or for “drug paraphernalia.”
• It also includes the spouse, son, or daughter of the inadmissible applicant if that person has, within the last five years, received any financial or other benefit from the illicit activities, and knew or reasonably should have known where the money or benefit came from.
• No actual conviction is required to trigger this inadmissibility.
• Convictions for two or more crimes for which the prison sentences totaled at least five years . It does not matter whether the convictions came from a single trial, or whether or not the offenses arose from a single scheme of misconduct.
• Prostitution or commercialized vice .
• A serious criminal activity for which immunity from prosecution has been received.
• Human trafficking offenses.
• Almost anything that has to do with money laundering .
• Do not even attempt to enter the U.S. if you have been previously deported without a proper visa . This is considered a serious felony under U.S. law and can result in extended jail time.

Crimes of Moral Turpitude

The definition of moral turpitude is “an act or behavior that gravely violates the sentiment or accepted standard of the community.” As you can tell, this definition is very broad, so we’re listing the most common examples of this type of crime below.

The actual offenses are ever-changing. Some of them may be minor, such as shoplifting, while others can be very serious, such as murder. The actual penalty for the conviction does not matter when you’re trying to enter the country.

• Passing bad checks
• Assault causing bodily harm, or with intent to cause harm
• Assault with a weapon
• Assault with intent to cause bodily harm
• “Aggravated felony” is even worse, though these also have a very loose definition, and therefore the offences can change over time. However, there is absolutely no relief, and anyone deported or excluded for this reason cannot ever enter the US.
• Sexual assault
• Trespass with intent to commit a crime involving moral turpitude
• Endangerment and actual injury
• Child abuse, in some cases
• Benefiting from illicit drug trafficking
• Prostitution and commercialized vice
• Involvement in serious criminal activity, where the person has asserted immunity from prosecution, departed the United States as a result, and not subsequently submitted to the jurisdiction of the relevant U.S. court
• Human trafficking, whether inside or outside the United States
• Laundering or aiding or abetting monetary instruments

Crimes that Shouldn’t Prevent Entry to the U.S.

Not all crimes will result in being denied entry to the U.S.

• the crime was committed when the individual was under 18 years of age, and the crime was committed more than five years ago
• the crime did not exceed one year of imprisonment
• the individual was convicted of the crime, but the individual was not sentenced to imprisonment for a term greater than six months
• Offences like failure to appear, causing a disturbance, common assault, and impaired driving are not ordinarily considered in determining your admissibility to the country. In addition, multiple convictions involving crimes which are NOT classified as crimes involving moral turpitude ordinarily do not block your entry.
• The U.S. does not deny entry to persons with a conviction for “Driving Under the Influence” (DUI / DWI), despite how seriously Canada takes this type of offense . However, if there are multiple convictions for this and / or other misdemeanors, you could be denied entry.

Acquittals and Non-Convictions

As we explained on our general page about Prior Criminal Offenses , if you have an arrest record for a crime and were charged but never convicted, or if you were acquitted, you should technically be able to enter the United States. However, this information will be on your criminal record, and the U.S. Customs and Border Protection will have access to this information when you try to cross the border.

If the border agent is concerned about something on your criminal record, even if it is not a conviction, you may have a problem gaining entry into the United States.

Pardons and Expungements

Canada and the United States generally do not recognize each other’s pardon and expungement policies. This means that having a record extension (expungement), for a Canadian offense will not erase the conviction for the purposes of entering the United States. If you have not already read it, see our page on Prior Criminal Offenses for more discussion on this topic. A Canadian pardon may prove useful as evidence of rehabilitation in a U.S. Waiver Request , but that is all.

The United States also treats a Conditional Discharge as a conviction. Even withdrawn charges remain in the law enforcement database, and may lead to problems at the border. This means that any person who has had a charge withdrawn should be prepared to produce proof of the withdrawal when they attempt to enter the United State

Admitting to Drug Use or Arrest at a U.S. Port of Entry

If you committed an offense but were never convicted, you could still be denied entry to the United States. The most common examples of this are when the Port of Entry Officer asks “have you ever smoked pot?” or “have you ever been arrested, charged or fingerprinted?” If you answer yes, and describe anything which would suggest that you may have committed an serious offense, you can be deemed inadmissible even if there is nothing in your database record.

There are also examples of people being prevented from visiting the country when they had made prior public acknowledgements of illegal drug use, and those statements ended up in their FBI or RCMP record.

You should also realize that U.S. state and federal laws differ in many aspects. U.S. Customs and Border Protection officers are federal agents and enforce U.S. federal laws. State laws are different. Just because the state you are trying to enter has legalized pot means does not mean the border protection considers the possession or use of pot okay. If you admit to using drugs you can be turned away. If you are caught with possession of marijuana you can be arrested. See our pages on marijuana at the U.S. / Canada border for more information.

How Being Named in a Police Report Can Affect Your Travel Plans

Access to Canada’s RCMP’s Criminal Record database also gives the U.S. Customs and Border Protection access to police reports from across Canada. On some occasions, travelers are unexpectedly detained at border crossings and/or barred from entering the U.S., even when they have no criminal record or have never been charged with an offense.

For example, police records are created for some types of medical emergencies, such as suicide attempts or traffic accidents, even if no charges are ever filed. If you have even the slightest idea that your name may appear in a police report, it is best to contact your local police, RCMP and/or the CBP before travel to the U.S. to confirm that you won’t have problems at the border.

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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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• Information and Advice

Travelling to the US

Bringing together links to information, personal stories, faqs and useful links, travelling to the usa, in brief..

• There is a lot of misleading information around travelling to the USA with a criminal record. It’s important to note that having a criminal record does not automatically bar you from travelling to the USA.
• Anybody travelling to the US for less than 90 days will be able to travel under the Visa Waiver Programme (VWP). However, if you’ve been arrested or convicted of certain offences, you are ineligible to travel under the VWP and will need to apply to the US Embassy for a visa.
• The process of applying for a visa to the US can be a long (and expensive) one. However, we regularly receive reports of people being successful in their applications, so if you are serious about travelling to the US, you shouldn’t be put off by the process.
• People with convictions also travel to the US on a daily basis, choosing to lie on the ESTA form (i.e. declaring that they’ve never been arrested or convicted) instead of applying for a visa, and are generally able to travel with no difficulties.
• However, our experience suggests that this option is only really suitable for people who are willing to take the risk, as it is technically a criminal offence, and for most people choosing to go to the US for a leisurely holiday, it is not normally a risk they wish to take.

Travelling under the visa waiver programme

You can travel under the VWP if you have received an authorisation to travel through the Electronic System for Travel Authorisation. The ESTA process asks questions regarding criminal convictions. If you answer ‘yes’ to the questions that are asked, you will be told that you are not eligible to travel under the VWP and will instead have to apply for a visa.

• Do I need a visa?
• Travelling without a visa
• Applying for a visa

The process of applying for a visa can be quite long and expensive. You will need to complete an online application form, obtain official confirmation of your criminal record and attand an interview at the US Embassy.

• Identifying whether your offence is a crime involving moral turpitude
• Will I get a visa?
• Police certificate

Frequently asked questions

What is a 'crime involving moral turpitude'.

Moral turpitude is a legal concept in the US that refers to conduct that is considered contrary to community standards of justice, honesty or good morals. More information can be found  here .

How long does it usually take to get a visa?

A minimum of 12 weeks and anything up to six months or longer. It’s recommended that you’re in receipt of your visa before booking your trip to the US. See our applying for a visa  section.

I have an old conviction for a minor offence. Given the US authorities don't have access to the PNC, why should I disclose my convictions?

Many people with convictions travel to the US every year from the UK, they do not disclose their convictions and they travel without any issues. However, to do this, you will need to  lie as part of the ESTA application process  and by doing this you are potentially committing a criminal offence under US law. We are not aware of anybody that has been prosecuted for this, but we are aware of instances where individuals have been questioned by officials and sent back to the UK on the next flight (at their own cost).

If your visit is for business, this could have implications on your future employment. Not knowing what would happen if you were questioned can be extremely worrying. For those who are travelling for a holiday, the anxiety could ruin your trip. If you think that it is better to lie on the ESTA, you will need to be prepared to continue the lie if you are questioned face to face by an Immigration Officer in the US. This can be quite a frightening experience.

How likely is it that I will get a visa to travel to the US?

We get mixed reports from people about their experiences of the US visa process. It’s undoubtedly quite a time-consuming process, and can feel quite intrusive. There are also no clear guidelines available to the public on  how the US Embassy will make their decisions , so it’s hard to know whether you will be successful until you actually apply.

From our experience, much will depend on the consular officer that deals with your case, and how you present yourself at the interview. Ultimately, if you decide that you need to apply for a visa, you’ve got nothing to lose by applying. We certainly hear of many people who have been successful in getting a visa and these include a range of convictions and disposals.

What can I do if I'm refused a visa?

If the consular officer denies you a visa and does not recommend a waiver of ineligibility, you may apply again if there is new evidence to overcome the basis for the refusal. In the absence of any new evidence, consular officers are not obliged to re-examine your case.

If you feel that you’ve omitted evidence material to the visa decision, you will need to reapply for a visa and appear at the embassy in person. See our  will I get a visa  section.

Useful links

Here you’ll find links to useful organisations and websites related to travel to the US that we refer to in our information and advice.

• ACPO Criminal Records Office – Prepares and issues police certificates for anybody applying for a visa to travel to the US
• US Embassy – Responsible for issuing visas for travel into the US and the Visa Waiver Program

Personal stories

Read personal stories from people with criminal records

• USA – here I come! (at the second time of asking)
• Embassy interview to travel to the US
• I tried again for my B2 Visa and was granted

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Traveling Outside the U.S. with a Criminal Background

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  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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Q683: i want to travel to america, but i have a conviction/been arrested. can i still travel there.

The USA have a visa waiver programme for any person holding passports from certain countries (United Kingdom passports are included) as long as that person has never been arrested and/or convicted.

If you have been arrested, you must declare it whether or not that arrest resulted in a conviction. The Rehabilitation of Offenders Act 1974 does not extend to the USA so you must declare all convictions regardless of whether they are classed as spent or not.

Most minor road traffic offences that were dealt with by way of fixed penalty (i.e. no arrest or court appearance) do not count and you will be eligible to travel under the visa waiver programme.

If you have been arrested/convicted, then you must apply for a visa from the US Embassy in London before you travel to the USA. Failure to have a visa means that you could be refused entry and returned home at your own expense. Have a look at the Visa Waiver Wizard (first link in Related Information) which only takes a minute to complete - it is just a guide for your own information, you do not have to enter personal details.

A conviction could mean that you are classed as permanently ineligible to travel to the USA, however, you may be able to apply for a waiver of permanent ineligibility from the Department of Homeland Security. This is not automatic and depends on several factors depending on the nature of the crime and when it was committed.

If you are unsure it is always better to check as you could be refused entry to the USA. In the current climate, it is highly likely that the USA authorities will be aware of your personal details before you travel to the USA.

Also, see the website in Related Information for more details.

Visa Wizard (state.gov) US Embassy - how to apply for a U.S tourism visa US Embassy - Non immigrant visa: ineligibilities and waivers (including arrests, cautions and convictions) GOV.UK - Criminal records checks for overseas applicants

Related questions

Q562: what is a caution and how long does it last.

A caution is a formal warning that is given to a person who has admitted the offence. If the person refuses the caution, then they will normally be prosecuted through the normal channels for the offence. Although it is not technically classed as a conviction (as only the Courts can convict someone) it can be taken into consideration by the Courts if the person is convicted of a further offence.

Cautions are covered by the Rehabilitation of Offenders Act 1974 and become spent immediately (apart from conditional cautions which will become spent after 3 months). Unless applying for particular types of work (see below), a person who has spent cautions does not have to disclose them to prospective employers and employers cannot refuse to employ someone on the basis of spent cautions.

However, when applying for particular types of employment, for example, working with children or vulnerable adults, certain professions such as law, health care and pharmacy, senior management posts within certain sectors and employment where matters of national security are involved, the application form will state that it is exempt from the Rehabilitation of Offenders Act 1974. In these situations, you may need need to disclose your caution and it may be disclosed on your DBS criminal records check. See Q89  for further guidance on whether your caution will be disclosed.

Cautions will always remain on a person's record. There are only exceptional circumstances when a caution could be removed from a person's record and it is anticipated that such incidents will be rare. Examples of such possible circumstances are that it was found that the original arrest or sample was unlawful or where it was found beyond all doubt that no offence existed. Any requests that fit the above criteria should be directed to ACRO Criminal Records Office. Please see the link in the Related Information for further details.

ACRO Record Deletion

Offences never filtered from a DBS certificate

Q760: What is a community resolution?

A Community Resolution is a method of restorative justice and is an alternative way of dealing with less serious crimes and incidents, allowing officers to use their professional judgement when dealing with offenders. It can be used for offences such as low-level public order, criminal damage, theft, and minor assaults, where the victim has agreed that they do not want the police to take formal action.

The use of Community Resolution will enable victims to have quick resolutions and closure to their crime, offenders will receive speedy justice and there will be reduced bureaucracy for police officers. Examples of a Community resolution could include a simple apology, an offer of compensation or a promise to clear up any graffiti or criminal damage.

Community Resolutions do not constitute a criminal record and are not currently recorded on the Police National Computer. They are however recorded locally on police information systems and can be accessed for intelligence purposes. A previous Community Resolution will be taken into consideration if further offences are committed.

Community Resolutions are not disclosed as part of a Disclosure and Barring Service (DBS) standard check. They might, however, be disclosed as part of an enhanced check for certain offences in the 'relevant information' section, i.e. the offence has a bearing on the kind of work you are applying for.

Q89: What does a spent conviction/caution mean?

A spent conviction is a conviction which, under the terms of Rehabilitation of Offenders Act 1974, can be effectively ignored after a specified amount of time. The amount of time for rehabilitation depends on the sentence imposed, not on the offence. The more serious the conviction, the longer the period of rehabilitation. For example, if you have received a prison sentence of more than four years, the conviction will never become spent, but cautions become spent immediately (apart from conditional cautions which will become spent after three months).

The Act aims to rehabilitate offenders by not making their past mistakes affect the rest of their lives if they have been on the right side of the law for some time. For details of the length of time before a conviction becomes spent, see the NACRO website in Related Information.

Unless applying for particular types of work (see below), a person who has spent convictions and cautions does not have to disclose them to prospective employers. Employers cannot refuse to employ someone with spent convictions.

However, when applying to work in certain types of employment, for example, working with children or vulnerable adults, certain professions such as law, health care, and pharmacy, senior management posts within certain sectors and employment where matters of national security are involved, the application form will state that it is exempt from the Rehabilitation of Offenders Act 1974. In these situations, you will need to disclose all your cautions and convictions, and they may be disclosed on your DBS criminal records check.

Where a post is exempt from the Rehabilitation of Offenders Act 1974, the law protects people from having some old and/or minor convictions and cautions disclosed to employers but sexual and violent offences will always be disclosed, as well as any convictions that resulted in a custodial sentence, and all convictions if a person has more than one conviction. Regarding any other convictions and cautions: convictions are not shown after eleven years (in relation to persons 18 or over) or five and a half years (in relation to persons under 18), and cautions are not shown after six years (in relation to persons 18 or over) or two years (in relation to persons under 18). In order to determine whether your caution/conviction needs to be disclosed and whether it will show on a DBS check, see the flow chart below:

Please be aware that the information that police forces disclose may differ from the above and particularly in relation to enhanced disclosures, any information that the Chief Constable feels relevant with regards to the reason for the check, can be disclosed.

Conviction Calculator Offences never filtered from a DBS certificate

Contact your local police force

Enter your town or postcode to see information from your local force, if you can't find the answer.

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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 .

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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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 You Travel With a Criminal Record? Here’s What Experts Say

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In this month’s "Dear Eugene," we answer the question of how having a criminal record could impact your travels.

Inspired by our intrepid founder, Eugene Fodor,  Dear Eugene  is a new monthly series in which we invite readers to ask us their top travel questions. Each month, we’ll tap travel experts to answer your questions with the hopes of demystifying the more complicated parts of travel. Send your questions to  [email protected]  for a chance to have them answered in a future story.

Dear Eugene, I have a felony on my record. Will that impact my ability to travel internationally?

Many travelers may have convictions on their records and rightfully wonder if that can prevent them from traveling. Because of the complexities of the law and the nature of security procedures, that’s not always a straightforward answer. Traveling internationally adds another layer of complexity, as many countries compare inbound passenger lists to international police databases and have varying rules on who can be admitted.

What Counts as a Felony?

It depends on the jurisdiction. Each state and the federal government classify crimes differently, so a felony in one state may not be a felony in another, but a criminal record is an overall picture.

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“The FBI keeps a national database, as does the Department of Justice, and states have their own,” noted Janet Portman, an attorney licensed in California and the executive editor of Nolo . So, a “criminal record” is simply a list of a person’s convictions. All convictions, felonies, and misdemeanors are in those databases, as are dismissals and arrests.”

But does a criminal record keep a passenger from flying? It depends on a number of factors.

Domestic Travel Considerations

When travelers purchase a plane ticket for domestic travel they don’t go through a lot of criminal records checks. Airlines collect Secure Flight data (a full name and birthdate) to compare with the Transportation Security Administration (TSA) Secure Flight watchlist. There’s not a lot of detail out there regarding what gets travelers on the list, but it’s not as simple as having a felony conviction or not. Certain serious federal crimes (like air piracy or hijacking) are a surefire way to get on the list, but those types of crimes aren’t as widespread.

“People with criminal records could end up on this list, called the Terrorist Screening Database, which is maintained by the Terrorist Screening Center and is intended to counteract potential threats of terrorism and risks to airline safety,” explained Portman. “Specifically, the No-Fly List prohibits the people on it from flying within the US or to the US.; and the Selectee List subjects its listees to enhanced screening before boarding a flight.”

Another consideration is court orders or parole. Courts may restrict a defendant’s movements during the trial, and parole officers may limit travel for offenders in their charge, but they don’t generally rely on transportation providers to enforce those orders for them. Most people with criminal convictions who are subject to travel restrictions will be well-informed about them, so there aren’t likely to be any surprises at airport security checkpoints.

Law enforcement can, however, alert the TSA in some cases when they’re pursuing a warrant and believe the suspect may attempt to flee by air. The TSA isn’t law enforcement, but it will alert law enforcement (airports have dedicated police battalions) when necessary.

“The  Transportation   Security   Administration  does not screen airline passengers for criminal records,” a TSA spokesperson told Fodor’s . “However, the agency does screen for prohibited items to ensure that airline passengers are not in possession of any threats to aviation  security .”

International Travel Considerations

While domestic travelers may not be subject to the scrutiny of their criminal records, international travelers typically are. Some countries are stricter on this than others, but a common example is American travelers who attempt to enter Canada with certain convictions for firearms, drug possession, or drunk driving.

“Several factors are used in determining admissibility into Canada, including involvement in criminal activity, human rights violations, organized crime, security, health, or financial reasons,” explained a spokesperson for Canada’s Border Service Agency. Under Canada’s immigration law, individuals who have committed or been convicted of a crime may be considered ‘criminally inadmissible’ and may not be allowed into Canada.

Strictly speaking, however, even entry restrictions in force by another country won’t prevent travelers with criminal convictions from boarding the flight. The spokesperson further explained that travelers won’t be aware they’re not admissible to Canada until they arrive at the border.

Canada’s perspective is relatively commonplace. Government border agencies only require airlines to verify that passengers have the travel documents necessary to board a flight to their country—they don’t screen criminal records until after the flight is complete. So yes, in most cases, it’s possible to fly with a felony conviction.

But what can travelers who suspect they may have difficulty entering another country do prior to travel? Thankfully, it’s not completely opaque. Again, using the example of Canada, travelers can check the government’s website to find out reasons they might not be admitted . Travelers with convictions can also find out how they might overcome their convictions under Canadian immigration law—that is, they have to demonstrate to immigration officials that their past convictions don’t make them a threat to the security and safety of Canadians. It can be a time-consuming process, and there’s no guarantee applications will be successful.

The European Union, however, has less strict rules and allows most travelers with minor infractions to enter the Schengen Area (the E.U.’s common border) without much difficulty. Travelers with criminal records—particularly those with felonies or serious crimes—should still check with the embassy or consulate of the E.U. country they’re planning to enter to make sure they won’t have difficulty. Travelers with convictions may need to apply for a separate visa to enter the country.

Can Traveler’s Insurance Cover Denied Entry Into a Country?

How can travelers insure against the nightmare scenario where they fly for hours to reach a foreign border, only to be turned away? In short—they can’t—not even with travel insurance. Travel Insurance policies only cover unforeseen events, and travelers are mostly aware of their own criminal records. Insurers expect travelers to have their admissibility to the countries on their itinerary sorted prior to travel, so being turned away at the border won’t be covered by an insurer.

However, travelers who are going through the visa process to mitigate their criminal record to enter a foreign country have another option. These travelers can purchase a Cancel For Any Reason policy, which allows them to cancel their trips and receive a refund for any reason (not just the covered reasons like illness or bereavement). This allows travelers with criminal records who ultimately have their visas or exception requests denied to claim refunds for their nonrefundable expenses.

In short, airlines won’t typically bar passengers with basic criminal records from traveling, and passengers with felonies can also travel internationally—usually after a significant amount of homework.

I always like any information on how criminal convictions impact travel, but most articles, including this one don't even mention that sex offenses are a completely different challenge altogether.  There are many hundreds of thousands of people in the US with sex offense convictions, some very minor and yes, some serious, but as far as the US government is concerned, all should be punished for a lifetime.  If I travel from the US to any other country, the US sends a notice to the other country and tells them about my very old conviction and any counttry who recieves these notices with a few exceptions will turn you away.  There are too many people with these types of convictions to write an article like this and fail to mention that yes, felonies can be problemmatic for travel, but any type of sex offence convition, even a 20 year old misdemeanor will be a major problem.  Contacting your destination country in advance will not accomplish anything with a sex offense.  Even if the country responds favorably, the border agent is likely to refuse your attemted entry, potentially due to the notice that the US sends

I had a 16 hour layover at Singapore Airport on my way to Thailand. Had no idea about these laws  I had an 8 pack of Dentine Gum, 2 vape pens and a carton of Marlboros. They actually had an outside smoking area on the roof of the transit area. I definitely chewed my gum and smoked my vape inside the airport. Glad I didn't get caught. Those fines would have ruined my vacation. 

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.

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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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Applying for a U.S. Work Visa With a Criminal Record

If your criminal record renders you inadmissible, depending on the crime, you may still be able to ask the u.s. government to overlook ("waive") the crime for the purpose of obtaining legal employment in the united states..

If you have a job offer in the United States and an employer willing to help you acquire a temporary (nonimmigrant) U.S. employment visa in order to accept it, but you have a criminal record, it is likely you are inadmissible . That means you would be ineligible for a work visa (or any other visa or green card) with which to enter the United States. This holds true even if you don't have a formal conviction or even a formal arrest on your record.

The good news is, if your criminal record renders you inadmissible, depending on the crime, you might still be able to ask the U.S. government to overlook ("waive") the crime for the purpose of obtaining legal employment in the United States. The not-so-good news is that you'll almost certainly need to hire a good immigration lawyer, which will add to the cost of the process .

How Do I Know Whether My Crime Makes Me Inadmissible to the U.S.?

The list all of the crimes that can cause someone to become inadmissible for a visa is a long one, and we cannot simply summarize it here. Because of the strict U.S. immigration laws, even the most non-serious of illegal activity can trigger inadmissibility, such as admitting that you once experimented with marijuana.

You can find several helpful discussions about types of inadmissibility and learn more about the different categories of crimes in this article on crimes and immigrant inadmissibility .

If I Am Inadmissible to the U.S., What's Next?

If you suspect that you might be found inadmissible, or if a U.S. embassy, consulate, or other immigration official tells you that you are inadmissible, you might be able to ask for a nonimmigrant waiver of inadmissibility. This is called a 212(d)(3) nonimmigrant waiver.

However, some serious crimes cannot be waived . In that case you would not be eligible for the waiver or for a work visa.

Which Crimes Can Be Waived for Visa Application Purposes?

Many factors determine whether or not a criminal record or history can be overcome, such as the nature of the crime, the number of incidences, and the amount of time the person was imprisoned. To start, crimes that cannot be overcome are:

• a conviction for an offense involving drugs, with the exception of a single offense of possession of less than 30 grams of marijuana
• an attempt or conspiracy to commit murder or a criminal act involving torture, and
• a previous false claim to U.S. citizenship, for example, when the person filled out forms for unauthorized employment in the U.S., to obtain a passport, or even just made a verbal response to inquiry by a government official or a police officer. (Note: In this situation, absent a finding of a lack good moral character, the relief of cancellation of removal might still be available).

(This is why any foreign national facing criminal proceedings would be wise to consult an immigration attorney early on, to perhaps negotiate for a conviction that doesn't become an absolute bar to immigration.)

Applying for a 212(d)(3) Nonimmigrant Waiver of Inadmissibility

The 212(d)(3) nonimmigrant waiver is discretionary, meaning that the decision of whether or not to recommend it in your case will depend on whether or not you have convinced the officer assigned to you that you are deserving of the waiver. There is no special form to file with the visa application.

After you submit your visa application, the consular officer will schedule an interview for you and ask questions about your criminal history and the circumstances surrounding the crime (among other questions). The officer will decide whether a waiver should be granted. The decision will be based on:

• the risk of harm to society if you are admitted to the U.S.
• the seriousness of the your prior criminal law violations, and
• your reasons for wishing to enter the U.S.

After making a decision, the consular officer will make a report to Department of Homeland Security (DHS). If the officer did not completely feel that you deserve a waiver and makes an unfavorable recommendation, your application for a U.S. work visa will in all likelihood be denied.

What If I Don't Reveal My Criminal Record When Applying for a Visa?

Lying (making a misrepresentation) on a visa application is a fraud against the U.S. government. That act in itself triggers inadmissibility and ineligibility for a visa . If your failure to disclose the crime is discovered, your visa application will definitely be denied.

And then if you attempt to file another visa application in the future, you will find that your troubles are compounded. You will have two violations to overcome instead of just the original crime.

What Are My Chances of Getting a Waiver of Inadmissibility?

It is not possible to predict the outcome of your immigration case without an analysis of your crime and the facts surrounding your individual situation. You would be well served by consulting with an experienced immigration lawyer to discuss your situation before filing your application.

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Travelling from the UK with a criminal record

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• 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.

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• Travel insurance guides

Where can I travel with a criminal record?

A criminal record could jeopardise your chances of working, studying or going on holiday abroad. 

The implications vary between countries. But there are lots of popular locations that might not let you get a visa if you have a criminal record. Here’s everything you need to know.

Can you travel abroad with a criminal record?

It’s possible to travel abroad with a criminal record. But you might find there are some countries you’re not allowed to visit.

Typically, if you require a visa to enter the country, you need to disclose if you have a criminal record or conviction. Visa applications are exempt from the Rehabilitation of Offenders Act 1974 so you need to state any spent and unspent convictions.

But, if you're on licence, you need permission to travel outside the UK. This is rarely provided and is often only given in exceptional circumstances. 

Can you go to America with a criminal record?

If you don’t declare your convictions, you might be barred from travelling to the United States.

The Rehabilitation of Offenders Act 1974 doesn’t apply to US visa law. Even spent convictions might have an impact on whether you’re allowed to enter the United States. 

UK travellers looking to travel to the US  can usually apply for an Electronic System for Travel Authorisation (ESTA)  rather than a visa. But if you’ve got a conviction or caution on your criminal record, it could prevent you from using the visa waiver scheme.

When applying for a visa, a consular officer should determine your qualifications.

Applicants are required to get an Association of Chief Police Officers Police Certificate issued within 6 months of the date of the visa interview.

Information on getting the police certificate is available from the Association of Chief Police Officers Criminal Records Office website. But, due to Royal Mail issues, they're unable to send any certificates using Royal Mail International Tracked shipping. They say customers should expect significant disruption and allow more time to process their applications.

You’re also required to complete the personal data form VCU1 and provide as much detail as possible concerning your:

You might be able to travel to Australia with a criminal record if you can apply for a full tourist visa. 

UK citizens need to get an electronic visitor visa to travel to Australia , either as a tourist or on business. But if you have a criminal conviction that resulted in a prison sentence, you might need to apply for a full tourist visa.

While these are usually granted automatically, there could be delays if you have a criminal record.

In certain cases, your application might be referred to the Australian High Commission – the Australian Embassy in London. If you’ve got a criminal record, you might also have to apply for a police certificate. This could take up to 49 days.

All Australian visa applicants have to satisfy the ‘character test’, which is set out in Section 501 of the Migration Act 1958 . You might not pass the character test if you’ve got a substantial criminal record.

It's unlikely that a conviction for something like a drink-driving  offence would prevent you from getting a visa to enter Australia. But it might delay your application.

Can you go to Dubai with a criminal record?

You can enter Dubai and the United Arab Emirates (UAE) with a criminal record. But, the crime must not have been committed in Dubai and you need to have served the entirety of the sentence. 

If you have a British passport, you may be able to get a tourist visa when you enter the UAE. But, as the UAE embassies don't issue visas, you need to apply at a UAE-based airline.

If you travel to Dubai with a criminal record and stay for more than 30 days, your criminal record might be checked after this time.

If you plan to stay in Dubai long-term, know you may not be able to get a job with a criminal record. You need to have a background security check and get a certificate of good conduct. 

Can you go to Europe with a criminal record?

UK travellers typically don't need a visa to enter the EU short-term. Travellers who don’t need visas usually aren’t asked about criminal records and criminal conviction checks aren’t typically carried out at borders.

But, from November 2023, UK travellers visiting participating EU countries  have to get a European Travel Information and Authorization System (ETIAS) waiver.

If you’ve got a criminal record, you should be able to apply for an ETIAS and potentially discuss the circumstances around your conviction. If you’re denied an ETIAS, you might be able to appeal to the country that made the decision.

To apply for an ETIAS, you need:

• A valid passport
• An email address
• A credit or debit card to pay for the application fee 

What countries can I travel to with a criminal record?

While you might be able to travel to some countries with the appropriate visa, there are several that don’t ask about criminal convictions at all.

Unlock says that, based on feedback, the following countries either don’t require a visa or don’t ask about criminal convictions on their entry forms:

• The Philippines

But it's important to note that this information is based on leisure and tourism travel. Policies may be different for longer stays or business trips.

Countries you cannot visit with a criminal record

These are the countries you can't travel to if you're convicted of a serious crime, according to VisaGuide.World : 

• New Zealand
• South Africa
• The United Kingdom
• United States

Any other country that requires a visa for entry might ask you whether you’ve got a criminal conviction.

For instance, Canada sets out all kinds of criteria to demonstrate an offender has been rehabilitated before they may enter the country.

Russia asks about criminal convictions and you could end up being denied a visa. Unlock says there’s little information on what types of offence would lead to an application being refused. But most visas are approved and people are typically only declined in exceptional cases.

India is another country that asks about criminal records on its e-visitor applications. If you answer yes, you might be asked to provide further details about your conviction and a police certificate with more information. The visa officer should then decide whether to give you a visa.

Always check before you travel

If you’re travelling abroad and worried that your criminal record could result in you being refused entry, check the country’s policy first.

If you need to get a visa or use a visa waiver scheme, make sure you’ve checked to see what you could be asked. Leave yourself plenty of time, as you might need to provide extra information and police reports.

Declare any criminal convictions you may have in your application before travelling, regardless of how minor you think they are.

What happens if I’m refused entry to a country?

You might not be allowed to board a plane if you don’t have the right documentation, including the necessary visas or evidence of Covid vaccination. Sometimes your airline can arrange fast electronic travel authorisation, but this isn’t guaranteed. 

You’re unlikely to be denied entry to a country once you’ve arrived at the airport. This is because you should have all your necessary documentation checked before you get on the plane. 

In these rare instances, you’re likely to be sent home on the next flight - potentially at your own expense. But exactly what happens depends on the nature of the situation and the airline you're with.

Can I claim on my travel insurance if I’m refused entry to a country?

No. If you’re refused entry to a country, it’s often due to not having the necessary visas to enter. 

In this case, travel insurance  can’t help because you should make the necessary applications and organise the appropriate documentation beforehand.

Travel insurance covers unforeseen losses. Most insurers believe it's the traveller's responsibility to ensure they have the appropriate documentation and comply with the entry rules of the country. 

If you're refused entry, it's likely due to your own error or lack of research - something many travel insurance policies don't cover. 

Travel insurance is designed to provide peace of mind while you’re on holiday, both abroad and in the UK. Most policies cover you if:

• Your travel plans are cancelled or delayed
• You or someone you're travelling with falls ill and can’t travel
• Your airline goes bust
• Your items are lost or stolen while on holiday
• You need to pay medical expenses while abroad or in the UK

You may also be covered for any pre-existing medical conditions, though this depends on your insurer and specific policy. 

Compare travel insurance

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• ESTA Requirements
• Visa Waiver Program

Getting a US Visa with a Criminal Record

Updated: Oct 14, 2022  | Tags: Visa with Criminal Record , ESTA

Introduction

If you have been denied an ESTA due to previous criminal history, your next option for obtaining a travel authorization to the United States would be to apply for a U.S. Visitor Visa. Visitor Visas can be one of three types: B-2 Tourist Visa, B-1 Business Visa or B-1/B-2 Mixed-Use Tourism & Business Visa.

How can I apply for U.S. Visa with a criminal record?

The next most relevant travel authorization for denied ESTA applicants is a Visitor Visa. You may be eligible to apply for a B-2 or B-1 Visitor Visa for tourism, business, medical or transit purposes. Visitor Visas entail a lengthier and more costly application process, yet they do offer additional benefits such as longer period of validity and longer permitted durations of stay. For a full comparison, visit the do I need an ESTA or visa page. In addition to completing the DS-160 application form you'll need to complete a Criminal History Form, which varies based on your selected U.S. embassy.

What are the relevant questions related to criminal history on the DS-160 form?

The questions on the DS-160 form most relevant to individuals with non-terrorism related criminal history are as follows:

• “Are you or have you ever been a drug abuser or addict?”
• “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?”
• “Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?”
• “Are you coming to the United States to engage in prostitution or unlawful commercialized vice or have you been engaged in prostitution or procuring prostitutes within the past 10 years?”
• “Have you ever been involved in, or do you seek to engage in, money laundering?”
• “Have you ever committed or conspired to commit a human trafficking offense in the United States or outside the United States?”

Source: https://ceac.state.gov/genniv/

For each of the questions above, you will need to provide details regarding your personal situation and why you have been rehabilitated since the convictions for any related criminal activity arising from the above circumstances. You should be honest and truthful in your responses and support any claims with evidence. For example, activities that can be constituted as part of rehabilitation include no recurring criminal history, obtaining a job, starting a business or raising a family.

What do I do with the Criminal History Form?

The Criminal History Form will usually need to be completed / typed online and then printed out. After you have printed it out and hand-signed the form, you will need to scan it so you have a signed electronic copy. You will then need to email both the scanned signed electronic copy of your questionnaire and local Police Certificate, to the local embassy email address.

You can obtain a copy of your Police Certificate by visiting the site for your local Police authority.

You will also need to bring the hard copy of your Criminal History Form and Police Certificate to your embassy interview (which you will schedule by following the steps below). More information regarding the details of this process can be found at our local U.S. embassy: U.S. embassy list

After submitting and obtaining proof of your completed DS-160, and obtaining your Criminal History Form and Police Certificate, you’ll need to schedule your US Embassy appointment. See this article for more information on scheduling your US Embassy Appointment

My conviction is considered spent, do I still need to get a Police Certificate?

Yes, you are still required to provide a Police Certificate when applying for a visa even if your conviction is spent.

What if I am denied a U.S. visa?

If you are denied a U.S. visa, you are provided a reason under what immigration law has been applied to justify the refusal. Before reapplying, you should prepare evidence that supports your claim the immigration rules that were previously used to refuse your U.S. visa application are no longer relevant to your subsequent application.

ESTA denial does not mean you will not be able to enter the United States. Visitor Visas such as the B-2 Tourist Visa and B-1 Business Visa are alternative travel authorizations that usually provide greater benefits than an ESTA, albeit at a lengthier and more costly application process.

• https://travel.state.gov/content/travel.html

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US Entry Waiver: How do you enter the USA with a criminal record?

by AllCleared | May 18, 2018

In order to enter the USA with a criminal record , you will usually need a US Entry Waiver. However, not every type of conviction requires a waiver, so if you have never been denied entry to the US, contact us first for a free consultation before applying.

If you have been denied or you already know you are inadmissible here’s how to get a US Entry Waiver to enter the US with a criminal record.

How to get a US Entry Waiver

Certified criminal record check.

First, you will need to get your fingerprints taken for the purpose of a waiver. This will allow you to get your certified criminal record from the RCMP . The RCMP requires your fingerprints to access the national database of criminal records. This helps to ensure that there are no instances of mistaken identity and the proper record is released.

Court documents

If you are doing the application yourself or working with a company other than AllCleared, you will need to wait for the record to come back before you can get your court documents.

If you choose AllCleared, we can expedite your request through our police partnership . This will save you up to four months on your application .

Personal statement

If you have a criminal record, the Department of Homeland Security (DHS)  requires a “ letter of circumstances .” This explains what happened that led to you committing a criminal offence. You will also talk about how you have changed and include information about why you want to travel to the US. For example, you may want to travel to:

• See family members
• Attend a conference
• Take the kids to Disney
• Stopover in the US on your way to other places

Whatever the reason is, the government wants to know that you have a valid reason for visiting and are not likely to overstay.

Supporting documents

Other documents you may require are:

• Letters of reference
• Proof of employment or income if you are retired or self-employed
• Drug tests if applicable
• Proof of citizenship

For Canadians with criminal records, the appropriate forms are the I-192 Form and the G-325A Form.

How to apply

Once you have gathered all the documents for your application, you need to attend a land border crossing or international airport. There you will submit the package and your $585 USD application in person to a US Customs and Border Protection (CBP) officer. Not all international airports and land crossings have the ability to accept your application.

If you work with us, we will provide you with a list, or you can get it from the CBP website.

You should call before you go. They may require you to make an appointment. The officer you speak to will not be making the decision on your application. He or she will forward it to the DHS for a decision which usually takes four to eight months, but can take up to a year.

AllCleared is here to walk you through the process and to ensure that all steps are met. Don’t risk a denied application due to missed steps or inadequate information. Contact AllCleared for a free consultation on how we can help you enter the US with a criminal record at 1-866-972-7366.

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Home Legal Answers USA Travel and Immigration Entering the USA with a Canadian Criminal Record (USA Entry Waivers) Can someone with a Canadian criminal record legally enter the USA?

According to American immigration laws, a person can be denied entry into the USA for many reasons, including:

• being convicted of a crime involving moral turpitude (CIMT)
• being convicted of a drug-related offence
• being convicted of two or more offences for which the total jail sentence was at least five years
• if a Customs and Border Patrol (CBP) Officer knows or has reason to believe that the individual has ever been engaged in (among other things) drug-trafficking, human-trafficking, money-laundering, espionage, terrorism, torture, smuggling other people into the USA

There are many rules regarding travelling to the USA as a visitor, student, or to work. To get help, call a lawyer now.

Under any of the above circumstances, it is illegal to enter the USA with a criminal record, unless a person is an American citizen, has Native American status (defined under article III of the Jay Treaty as 50% Aboriginal blood), or has received advanced permission from American Immigration such as a USA Entry Waiver.

The key thing to remember is that the CBP Officer has the authority to refuse someone entry for any reason that the Officer feels might be a threat to the USA. It is not necessary that the person have a conviction to be turned away at the border. In fact, no criminal record needs to exist to be denied entry. Determination as to who will be admitted are made at the discretion of the CBP Officers on a case-by-case basis in light of all the relevant and available facts. Their job is to keep the USA safe and to screen out all the undesirable people. That’s why they usually will not let anyone with a criminal record in. Instead, they will tell the person to make a formal application for a Waiver. This way, they are sure the application for entry will be thoroughly reviewed by their Admissibility Review Office.

There are many rules regarding travelling to the USA as a visitor, student, or to work, often involving Visas and travel permits. To get help, call a lawyer now.

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Convenience store chain with hundreds of outlets in 6 states hit with discrimination lawsuit

The Sheetz convenience store chain has been hit with a lawsuit by federal officials who allege the company discriminated against minority job applicants.

Sheetz Inc., which operates more than 700 stores in six states, discriminated against Black, Native American and multiracial job seekers by automatically weeding out applicants whom the company deemed to have failed a criminal background check, according to U.S. officials.

President Joe Biden stopped by a Sheetz for snacks this week while campaigning in Pennsylvania.

The Equal Employment Opportunity Commission filed suit in Baltimore against Altoona, Pennsylvania-based Sheetz and two subsidary companies, alleging the chain’s longstanding hiring practices have a disproportionate impact on minority applicants and thus run afoul of federal civil rights law.

Sheetz said Thursday that it “does not tolerate discrimination of any kind.”

“Diversity and inclusion are essential parts of who we are. We take these allegations seriously. We have attempted to work with the EEOC for nearly eight years to find common ground and resolve this dispute,” company spokesperson Nick Ruffner said in a statement.

The privately held, family-run company has more than 23,000 employees and operates convenience stores and gas stations in Pennsylvania, West Virginia, Virginia, Maryland, Ohio and North Carolina.

The lawsuit was filed in federal court on Wednesday, the day Biden stopped at a Sheetz market on a western Pennsylvania campaign swing , buying snacks, posing for photos and chatting up patrons and employees.

Federal officials said they do not allege Sheetz was motivated by racial animus, but take issue with the way the chain uses criminal background checks to screen job seekers. The company was sued under Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination on the basis of race, sex, religion and national origin.

“Federal law mandates that employment practices causing a disparate impact because of race or other protected classifications must be shown by the employer to be necessary to ensure the safe and efficient performance of the particular jobs at issue,” EEOC attorney Debra M. Lawrence said in a statement.

“Even when such necessity is proven, the practice remains unlawful if there is an alternative practice available that is comparably effective in achieving the employer’s goals but causes less discriminatory effect,” Lawrence said.

It wasn’t immediately clear how many job applicants have been affected, but the agency said Sheetz’s unlawful hiring practices date to at least 2015.

The EEOC, an independent agency that enforces federal laws against workplace discrimination, is seeking to force Sheetz to offer jobs to applicants who were unlawfully denied employment and to provide back pay, retroactive seniority and other benefits.

The EEOC began its probe of the convenience store chain after two job applicants filed complaints alleging employment discrimination.

The agency found that Black job applicants were deemed to have failed the company’s criminal history screening and were denied employment at a rate of 14.5%, while multiracial job seekers were turned away 13.5% of the time and Native Americans were denied at a rate of 13%.

By contrast, fewer than 8% of white applicants were refused employment because of a failed criminal background check, the EEOC’s lawsuit said.

The EEOC notified Sheetz in 2022 that it was likely violating civil rights law, but the agency said its efforts to mediate a settlement failed, prompting this week’s lawsuit.

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Record numbers in the US are homeless. Can cities fine them for sleeping in parks and on sidewalks?

A challenge brought by Grants Pass, a small rural city in southern Oregon, is the most significant case in decades before the U.S. Supreme Court about homelessness. The case could upend how cities interact with people living in the streets. (AP Video by Claire Rush, Manuel Valdes)

FILE - A woman gathers possessions to take before a homeless encampment was cleaned up in San Francisco, Aug. 29, 2023. The Supreme Court will hear its most significant case on homelessness in decades Monday, April 22, 2024, as record numbers of people in America are without a permanent place to live. The justices will consider a challenge to rulings from a California-based federal appeals court that found punishing people for sleeping outside when shelter space is lacking amounts to unconstitutional cruel and unusual punishment. (AP Photo/Jeff Chiu, File)

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FILE - The Supreme Court is seen in Washington, March 7, 2024. The Supreme Court will hear its most significant case on homelessness in decades Monday, April 22, as record numbers of people in America are without a permanent place to live. The justices will consider a challenge to rulings from a California-based federal appeals court that found punishing people for sleeping outside when shelter space is lacking amounts to unconstitutional cruel and unusual punishment. (AP Photo/J. Scott Applewhite, File)

WASHINGTON (AP) — The most significant case in decades on homelessness has reached the Supreme Court as record numbers of people in America are without a permanent place to live.

The justices on Monday will consider a challenge to rulings from a California-based appeals court that found punishing people for sleeping outside when shelter space is lacking amounts to unconstitutional cruel and unusual punishment.

A political cross section of officials in the West and California, home to nearly one-third of the nation’s homeless population, argue those decisions have restricted them from “common sense” measures intended to keep homeless encampments from taking over public parks and sidewalks.

Advocacy groups say the decisions provide essential legal protections, especially with an increasing number of people forced to sleep outdoors as the cost of housing soars.

The case before the Supreme Court comes from Grants Pass, a small city nestled in the mountains of southern Oregon, where rents are rising and there is just one overnight shelter for adults. As a growing number of tents clustered its parks, the city banned camping and set $295 fines for people sleeping there.

The 9th U.S. Circuit Court of Appeals largely blocked the camping ban under its finding that it is unconstitutional to punish people for sleeping outside when there is not adequate shelter space. Grants Pass appealed to the Supreme Court , arguing the ruling left it few good options.

“It really has made it impossible for cities to address growing encampments, and they’re unsafe, unhealthy and problematic for everyone, especially those who are experiencing homelessness,” said lawyer Theane Evangelis, who is representing Grants Pass.

The city is also challenging a 2018 decision, known as Martin v. Boise, that first barred camping bans when shelter space is lacking. It was issued by the San Francisco-based 9th Circuit and applies to the nine Western states in its jurisdiction. The Supreme Court declined to take up a different challenge to the ruling in 2019, before the solidification of its current conservative majority.

FILE - A woman gathers possessions to take before a homeless encampment was cleaned up in San Francisco, Aug. 29, 2023. (AP Photo/Jeff Chiu, File)

If the decision is overturned, advocates say it would make it easier for cities deal with homelessness by arresting and fining people rather than helping them get shelter and housing.

“In Grants Pass and across America, homelessness has grown because more and more hardworking people struggle to pay rent, not because we lack ways to punish people sleeping outside,” said Jesse Rabinowitz, campaign and communications director for the National Homeless Law Center. Local laws prohibiting sleeping in public spaces have increased at least 50% since 2006, he said.

The case comes after homelessness in the United States grew by 12%, to its highest reported level as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more people, according to federal data. Four in 10 people experiencing homelessness sleep outside, a federal report found.

More than 650,000 people are estimated to be homeless, the most since the country began using the yearly point-in-time survey in 2007. People of color, LGBTQ+ people and seniors are disproportionately affected, advocates said.

Two of four states with the country’s largest homeless populations, Washington and California, are in the West. Officials in cities such as Los Angeles and San Francisco say they do not want to punish people simply because they are forced to sleep outside, but that cities need the power to keep growing encampments in check.

FILE - The Supreme Court is seen in Washington, March 7, 2024. (AP Photo/J. Scott Applewhite, File)

“I never want to criminalize homelessness, but I want to be able to encourage people to accept services and shelter,” said Thien Ho, the district attorney in Sacramento, California, where homelessness has risen sharply in recent years.

San Francisco says it has been blocked from enforcing camping regulations because the city does not have enough shelter space for its full homeless population, something it estimates would cost $1.5 billion to provide.

“These encampments frequently block sidewalks, prevent employees from cleaning public thoroughfares, and create health and safety risks for both the unhoused and the public at large,” lawyers for the city wrote. City workers have also encountered knives, drug dealing and belligerent people at encampments, they said.

Several cities and Democratic California Gov. Gavin Newsom urged the high court to keep some legal protections in place while reining in “overreach” by lower courts. The Martin v. Boise ruling allows cities to regulate and “sweep” encampments, but not enforce total bans in communities without enough beds in shelters.

The Justice Department also backed the idea that people shouldn’t be punished for sleeping outside when they have no where else to go, but said the Grants Pass ruling should be tossed out because 9th Circuit went awry by not defining what it means to be “involuntarily homeless.”

Evangelis, the lawyer for Grants Pass, argues that the Biden administration’s position would not solve the problem for the Oregon city. “It would be impossible for cities to really address the homelessness crisis,” she said.

Public encampments are not good places for people to live, said Ed Johnson, who represents people living outside in Grants Pass as director of litigation at the Oregon Law Center. But enforcement of camping bans often makes homelessness worse by requiring people to spend money on fines rather than housing or creating an arrest record that makes it harder to get an apartment. Public officials should focus instead on addressing shortages of affordable housing so people have places to live, he said.

“It’s frustrating when people who have all the power throw up their hands and say, ‘there’s nothing we can do,’” he sad. “People have to go somewhere.”

The Supreme Court is expected to rule by the end of June.

Kim Kardashian meets with VP Kamala Harris to talk criminal justice reform

WASHINGTON — Kim Kardashian joined Vice President Kamala Harris at the White House on Thursday to discuss criminal justice reform and President Joe Biden 's use of pardons and clemency . 

The reality TV star and businesswoman, who has used her platform to draw attention to individual inmates she feels were wrongfully convicted , joined Harris, four people who received pardons from the Biden administration on Wednesday, and Steve Benjamin, director of the White House Office of Public Engagement, for a roundtable event.

Kardashian's visit to D.C. comes during the same week Biden pardoned 11 people convicted of non-violent drug charges and commuted the sentences of five others he deemed worthy of "the chance at building a brighter future for themselves beyond prison walls."

"I am super honored to be here to hear your stories today and I think it's so important to share them and amplify them because there are so many people that are in your position that could use the inspiration," Kardashian told the recently pardoned recipients attending the event: Beverly Holcy, Jason Hernandez, Bobby Darrell Lowery, and Jesse Mosley. "I'm just here to help and spread the word."

During her remarks, Harris confirmed the finalization of a Small Business Administration rule she first announced in January, which removes most restrictions on loan eligibility based on a person’s criminal record. 

"We have convened today to talk about the power of individuals — when supported by community, by society — the power they have to do extraordinary things that benefit all kinds of people," Harris said. "Reducing that restriction is going to mean a lot in terms of second chances and the opportunity for people to excel."

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The annual event, which takes place in April, aims to highlight how government and service providers can "build meaningful second chances for people returning from incarceration," according to the U.S. Department of Justice. 

"During Second Chance Month, we recommit to building a criminal justice system that lives up to those ideals so that people returning to their communities from jail or prison have a fair shot at the American Dream," Biden said in a proclamation released by the White House. 

Last month, Harris convened a separate roundtable on marijuana reform featuring pardon recipients, rapper Fat Joe, and other politicians.

White House Press Secretary Karine Jean Pierre said the roundtable aimed to highlight Biden’s commitment to “second chance” policies. During his administration, Biden has commuted the sentences of 122 people and granted pardons to 20 others who committed non-violent drug offenses. 

“Many of you had heard me say it. I just don’t think people should have to go to jail for smoking weed,” Harris said.

Thursday’s roundtable discussion was not the first time Kardashian visited the White House. In 2020, she  met with former president Donald Trump to thank him for commuting the sentences of three women and discuss change she said the U.S. justice system “desperately needs.”

"It was actually in this very room that I was in years ago, my first clemency meeting, that really inspired me to take a journey," Kardashian said. "I didn't know a whole lot, and I was inspired to go to law school and really further my education to see what I can do to help."

"The Kardashians" star has also gotten involved in the cases of some convicted celebrities. In 2020, she called for the early release of Corey Miller , a rapper who she believes was wrongfully convicted of murder. In 2019, she brought rapper A$AP Rocky , who a Swedish court found guilty of assault, to Trump's attention. 

Around the same time, Kardashian released a documentary called "The Justice Project" centering around her criminal justice reform work and announced she had passed the "baby bar" exam.

Rachel Barber is a 2024 election fellow at USA TODAY, focusing on politics and education. Follow her on X, formerly Twitter, as @rachelbarber_