Can Felons Travel Outside the US? Passports, Probation, and Entry Rules

A felony conviction affects jobs, housing, and gun rights. Many people also want to know whether they can still take a trip abroad, visit family in Mexico, or go on a cruise. This guide explains the federal passport rules, the Texas conditions that can keep you home, and what other countries look at. Peter M. Barrett has been licensed in Texas since 1994 and has tried more than 150 jury trials. He is a Past President of the Dallas Criminal Defense Lawyers Association (2005).

Can a felon get a U.S. passport?

In most cases, yes. The federal passport regulation, 22 CFR 51.60, lists the situations in which the State Department must or may refuse a passport. A felony conviction on its own is not on that list. Once your sentence is finished, the record alone does not stop you from applying.

The rules that do matter fall into two groups.

When the State Department must refuse a passport

• Child support debt. If you owe more than $2,500 in child support, federal rules do not allow a passport, and a valid one may be revoked.
• Certain drug felonies. See the next section.
• Covered sex offenders. A passport can be issued only with the identifier described below (22 CFR 51.60(a)(4)).

When the State Department may refuse a passport

• You are the subject of an outstanding federal, state, or local arrest warrant for a felony (22 CFR 51.60(b)(1), (b)(9)).
• A criminal court order, probation condition, or parole condition forbids you to leave the United States, where a violation could lead to a federal arrest warrant (22 CFR 51.60(b)(2)).
• You are the subject of an extradition request presented to another country (22 CFR 51.60(b)(5)).
• You received a federal subpoena in a federal felony prosecution or grand jury investigation (22 CFR 51.60(b)(6)).

Unpaid federal tax debt can also stop a passport. The State Department explains that process on its legal matters page.

The drug felony rule

One federal law targets drug convictions. Under 22 U.S.C. §2714, a passport may not be issued to a person convicted of a federal or state drug felony if the person used a passport or crossed an international border while committing the offense.

• How long it lasts. The bar applies while the person is in prison, or on parole or other supervised release after prison, for that conviction (§2714(c)).
• Existing passports. The State Department must revoke a passport the person already holds (§2714(a)(2)).
• Exceptions. A passport may still be issued in emergency circumstances or for humanitarian reasons (§2714(d)).
• Misdemeanors. The rule can reach some drug misdemeanors, but not a first misdemeanor conviction for simple possession (§2714(b)(2)).

A drug felony with no border crossing does not trigger this rule. If you are facing a drug charge now, see our page on Dallas drug crime defense.

Can you leave the country on probation, parole, or bond in Texas?

Often not without permission. For anyone with a recent case, this is the first thing to check.

• Probation. Texas calls probation "community supervision." A judge may impose any reasonable condition, and the listed conditions include requiring you to "remain within a specified place" (Tex. Code Crim. Proc. art. 42A.301(a), (b)(6)).
• Parole. A parole panel may impose any condition a court could impose on community supervision (Tex. Gov't Code §508.221).
• Bond. While a case is pending, a magistrate may impose any reasonable bond condition related to the safety of a victim or the community (Tex. Code Crim. Proc. art. 17.40(a)). Courts and police agencies sometimes hold a person's passport during a criminal case, which is why the State Department has a process for returning it.

If a magistrate finds a bond condition was violated, the bond is revoked and the person goes back into custody (art. 17.40(b)). Violating probation or parole conditions can also lead to revocation. Read your conditions, talk to your lawyer, and get written permission from your supervision officer or the court before you plan any trip. Our guides on community supervision in Dallas County and bail bonds in Dallas County explain how those conditions work.

Getting a passport on or after probation or parole

The State Department has a separate process for people on or after probation or parole, and for passports a court or police agency took.

• New passport. You apply in person and include a discharge notice or letter of termination from your probation officer, or a court order ending supervised probation or parole.
• Getting a valid passport back. You send a notarized request letter and an official letter from your probation officer authorizing the return. The State Department cannot return a passport that was revoked, has expired, or was reported lost or stolen.

Can a felon travel to Canada?

Canada may refuse entry. Canada's immigration department says a person who has committed or been convicted of a crime may be "criminally inadmissible." Its examples include theft, assault, manslaughter, dangerous driving, and driving under the influence of drugs or alcohol. A DWI can matter here too.

Canada lists three ways a person may overcome this:

• Deemed rehabilitation. Depending on the crime, how much time has passed since the sentence ended, and whether there was more than one crime, a person may no longer be barred. It is available only if the crime would carry a maximum prison term of less than 10 years in Canada.
• Individual rehabilitation. A person can apply once at least five years have passed since the end of the sentence, including probation.
• Temporary resident permit. This may allow entry if it has been less than five years since the sentence ended, or if there is a valid reason to be in Canada.

Canada decides these applications, not a U.S. court. Check the current rules on the Government of Canada website before you travel. See also can I get a U.S. passport with a DWI.

Can a felon travel to Mexico?

Often, but it is not guaranteed. Under Article 43 of Mexico's Ley de Migración, Mexican migration authorities may refuse a visa or entry when a person's record in Mexico or abroad would compromise national security or public security. The decision is made by Mexican officials. A U.S. passport does not guarantee admission.

Can a felon go on a cruise?

Many people can. On a closed-loop cruise, which starts and ends at the same U.S. port and stays in the Western Hemisphere, U.S. Customs and Border Protection allows U.S. citizens to use proof of citizenship, such as a birth certificate, plus a government-issued photo ID if 16 or older.

Two cautions apply. First, CBP notes that a country on the itinerary may require a passport, and the cruise line would then require one to board. Each port country also applies its own entry rules. Second, a cruise is still travel outside the United States, so probation, parole, and bond conditions apply. The State Department recommends that everyone on a cruise carry a passport book in case of an emergency flight home.

Registered sex offenders and passports

International Megan's Law adds rules for people who must register for a sex offense against a child. Under 22 U.S.C. §212b and the State Department's guidance:

• Applicants must self-identify as a covered sex offender.
• The passport book carries a printed statement: "The bearer was convicted of a sex offense against a minor and is a covered sex offender pursuant to 22 USC 212b(c)(1)."
• Covered sex offenders cannot get a passport card.
• A passport issued without the identifier can be revoked.

Registration duties also include reporting planned international travel. Our article on life after a Texas sex offense conviction covers that, and the Dallas sexual offense defense page explains the charges.

Before you book a trip

1. Check your case status. Is anything still pending, including a warrant, bond, probation, or parole?
2. Read every condition. Look for travel limits, a surrendered passport, or a requirement to stay in a specified place.
3. Get permission in writing from your supervision officer or the court if you are under supervision.
4. Check the passport rules, including child support, drug felonies, and sex offender rules.
5. Check the destination's entry rules on that country's official government website.

If an old record is the problem, ask a lawyer whether an expunction or order of nondisclosure is possible.

Common questions

This guide is general legal information, not legal advice about your case. Reading it does not create an attorney-client relationship. Travel and passport rules change, and foreign countries make their own entry decisions, so confirm the current rules before you travel. Request a free, confidential case review.