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A felony conviction can restrict your ability to travel. A few countries prohibit entry for peopleconvicted of a felony, while others grant restricted access. However, when it comes totraveling with a criminal record, there are still countries felons can visit.In general, European countries have less strict rules than the US and Canada.
In this guide, we will cover the European countries felons can visit and their entry criteria, aswell as a few other countries that allow felons. Generally, most countries require that you presenta police clearance certificate when applying for a visa or travel authorization. You can get thespecific requirements for each country on their official immigration websitesor the country’s embassy.
Traveling With a Felony: How Difficult Is It?
Curbing crime is a significant problem for many countries, so it’s no surprise most do not allowconvicted persons into their territories. The travel restrictions for felons vary country bycountry and often depend on the seriousness of the crime committed. The US, for example, can denyyou entry for what is considered a minor crime in your home country, irrespective of how longago you committed the crime.
Restrictions are more relaxed in Europe. There are no questions of previous criminal convictionsin the Schengen visitor/business visas. However, you might be required to provide clearance fromyour country if you apply for work or student visas. Citizens of countries in the Schengen visawaiver program now need an ETIAS to visit the Schengen zone, and the ETIAS application processincludes some background checks.
Crimes like human trafficking, smuggling, fraud, sex-related or drug-related offenses are consideredserious crimes and can make international travel difficult for you. Keep on reading to learn aboutthese restrictions and how you can navigate them. We’ll discuss the travel restrictions felons facein Europe later in this article.
List of European Countries That Allow Felons
Felons face lesser trouble traveling to European countries than their North American counterparts.And while European Union immigration policies for criminals are generally less restrictive, somecountries have stricter rules than others.
Though you may not be required to provide a criminal record in your application, an immigrationofficer might ask you about them during your visa interview. They’ll typically not deny you entryif the crime committed is not very serious and you’ve served your jail time. It is important toanswer truthfully to avoid future problems. Here’s a list of the best European countries for felons.
1. France
France is a member of the Schengen region, so you’ll need a Schengen visitor or business visa tovisit the country. The Schengen visitor business application does not include questions oncriminal convictions, and French border agents do not often ask. However, this will change oncethe ETIAS visa takes effect. Visitors from third-world countries are usually subject tofurther scrutiny.
2. Germany
Germany has specific rules for visitors with criminal convictions. People convicted for crimesrelated to public order and sentenced to jail for over three years are often denied entry. Thesame applies to those who have served a jail term of over two years for drug and humantrafficking crimes.
3. Spain
Spain restricts felons based on the severity of the offense committed, where the crime was committed,and how long ago it was committed. The country does not refuse entry to those convicted of minorcrimes. However, if you have a criminal history of serious offenses or were recently sentenced,you may face further restrictions or travel bans depending on the severity of the crime.
4. Italy
Felons who have served their sentence and completed all probationary requirements will have no problemtraveling to Italy. Only those who have not done their sentence or probation are restricted fromentering the country. They are also prohibited from traveling through any of Italy’s major airports.
5. The Netherlands
People with past convictions can enter the Netherlands like every other person. The Netherlandsdenies entry to people wanted for felony and those on the Transportation Security Administration’s(TSA) no-fly list for terrorist suspects.
6. Poland
Poland’s policy for convicted travelers is the same as those of the Netherlands. The country doesnot restrict felons who have served a sentence imposed on them. People with active felony warrantsagainst them and those on TSA’s no-fly list for terrorist suspects are not allowed into the country.
Other Countries Felons Can Visit
Non-Schengen member countries like the UK have stricter immigration rules for felons. However,convicted criminals can still visit if they meet the requirements and are not considered a threat.Other countries felons can visit include.
United Kingdom
The United Kingdom Visa and Immigration policy has strict character concerns but makes provisionfor “spent convictions.” A conviction is spent if the prison sentence (6 to 30 months) was completedmore than ten years before the time of visa application. The ten years is known as a“rehabilitation period.” Sentences above 30 months cannot be spent, and you will be denied entry.
Short sentences (6 months and less) or fines have a shorter rehabilitation period of five years.Rehabilitation time starts counting from the date of completion of your last sentence if you’ve hadconsecutive convictions. And you’re not obligated to declare a criminal conviction thathas been spent.
New Zealand
New Zealand is a strict country. Its immigration rules require that you provide all criminal records,including spent convictions, when applying for a visa or entering Australia. You’ll be refused entryif you’ve been imprisoned for five years or more or if you’ve been sentenced for 12 months or morewithin the last ten years.
New Zealand does not also grant entry to persons that have been deported in the past from any countryand those suspected to have criminal tendencies. You may also be denied a visa if you pose a healthrisk or have a health issue that will deplete medical resources such as HIV or cancer.
Australia
Similar to UK’s policy, Australia has a “spent conviction” duration of 10 years for adult offendersand five years for juvenile offenders. Additionally, you must not have been involved in anymisdemeanor (not even a minor offense) during the ten years. The spent conviction provision also doesnot apply to criminal sentences of more than 30 months.
If you’re applying for an Australian work visa, you must provide background checks from the countriesyou’ve lived in for up to 12 months in the last ten years.
Felon Travel Restrictions to Be Aware of
There are several considerations to make when planning a vacation as a felon. Depending on thegravity of the crime committed and their specific circ*mstances, some offenders may not even beallowed to travel out of their home countries.
Can Felons Leave The United States?
The Fifth Amendment allows felons to travel outside the US once they’ve completed their prisonsentence and other probationary requirements. Travel restrictions (or bans) are placed on thosewith pending cases or the following persons.
- Persons who are forbidden from leaving the country by the court
- Persons with child support debt of up to $25,000
- Persons with impending court hearings for federal crimes or felonies
- Persons convicted of drug trafficking
- Persons on a supervised release program for possessing a controlled substance or committinga felony or federal crime
Crimes That Can Keep You From Getting Visa
Your eligibility for a visa as a felon depends on factors like the severity of the crime youcommitted or how long ago it happened. It also depends on the strictness or flexibility of theimmigration laws of the country. You will be unable to use your existing visa or obtain a newone in some countries if you’ve been convicted of a serious crime, such as:
- Human trafficking
- Smuggling
- Fraud
- Sex-related offenses
- Drug offenses
These crimes are often punished with sentences above two years and would limit your chances ofgetting a visa in certain countries. You can obtain a visa to many countries without difficultyin cases of more minor crimes provided you complete your sentence, abide by given rules, andmeet other visa requirements.
Requirements to Enter Europe
When planning a trip, felons must check their destination country’s immigration agency to ensurethey are not restricted from entry. The countries listed in this article are excellent choicesfor felons.
If all that is required for entry to your destination country is your passport or any valid IDdocument, you won’t encounter any problems. However, all non-EU citizens will need an ETIAS visato travel to the Schengen area by the end of 2023. And the ETIAS application includes backgroundchecks and criminal records.
ETIAS Application and Background Checks
ETIAS refers to the Electronic Travel Information Authorization System. It is a digital travelauthorization designed to control illegal immigration and secure Europe’s borders. Starting in 2023,all non-EU citizens visiting the Schengen region, Switzerland, and Iceland will need an ETIAS toenter the area. Citizens of countries not participating in the Schengen visa waiver program mustobtain a Schengen visa.
To apply for this travel authorization, simply create an account on the ETIAS portal and fill outthe online application form. The form asks for basic biometric details like name, date of birth,passport number, contact address, and a criminal background check.
The background check includes questions regarding your criminal record and places where your visawas rejected, and where you’ve been deported. The information submitted will be used to determineif it’s safe to grant you entry.
If you have a criminal record, it does not necessarily mean that you will get declined for an ETIAS.The ability to travel with a criminal record depends on the details of your criminal conviction andwhen it occurred. However, criminal history of repeated convictions and previous convictions forserious crimes can lead to the refusal of your application.
Typically, ETIAS approval is given online within 24 hours. However, it will be processed manuallywhen ETIAS needs further investigation of an applicant’s background. In such cases, it can take upto two weeks to receive a decision.
