Can you leave the country with a felony?

The rules

• U.S. citizens need a valid U.S. passport to leave and re-enter the country, so whether you can get a passport decides most of the U.S. side.¹

  8 U.S.C. 1185(b) makes it unlawful for a citizen to depart from or enter the U.S. without a valid passport, subject to exceptions the President sets. A felony conviction by itself isn't a passport bar; see our passport page for the situations that are.

• If you are on probation, parole or supervised release, you generally need permission before leaving your area, and international trips need more than a routine OK.^2,3

  The standard federal condition is that you must not knowingly leave the federal judicial district where you are authorized to live without permission from the court or your probation officer. Federal judiciary guidance says probation officers should seek the court's express consent before allowing travel outside the U.S., and should first check with the destination country's consulate about any entry restrictions. For example, the Western District of Michigan's probation office says all international travel requests must be approved by the court. State probation and parole conditions are set by your sentencing court or parole board, so check your own conditions.

• A court order or probation or parole condition that forbids you to leave the U.S. is also a reason the State Department may refuse you a passport.⁴

  22 CFR 51.60(b)(2). An outstanding felony warrant is another (51.60(b)(1) and (b)(9)).

• Canada can refuse entry to people who have committed or been convicted of a crime, including impaired driving, theft, assault and drug offenses, but it has routes to overcome this.⁵

  Immigration, Refugees and Citizenship Canada (IRCC) lists three options. Deemed rehabilitation: enough time has passed that the crime may no longer bar you, depending on the crime, time since your sentence ended and whether there was more than one offense; it is only possible if the equivalent Canadian offense carries a maximum prison term of less than 10 years. Individual rehabilitation: you apply and an official decides; at least five years must have passed since the end of your sentence, including probation. Temporary resident permit: may allow entry if it has been less than five years or you have a valid reason to be in Canada; an officer weighs your need to enter against health or safety risks.

• A DUI or other impaired-driving conviction, even a misdemeanor in the U.S., can make you inadmissible to Canada for serious criminality.⁶

  IRCC says tougher impaired-driving penalties took effect in Canada on December 18, 2018, and that a conviction can make you inadmissible for serious criminality whether it happened in Canada or abroad. For offenses committed before that date, the penalties in force at the time apply, and deemed rehabilitation may be possible if at least 10 years have passed since the sentence ended. Otherwise you can apply for individual rehabilitation once five years have passed since the end of your sentence.

• Mexico's immigration authorities may refuse entry to a foreign national when, based on their record in Mexico or abroad, they judge that national or public security would be compromised.^7,8

  Ley de Migración, Article 43, fraction I: 'Cuando derivado de sus antecedentes en México o en el extranjero se comprometa la seguridad nacional o la seguridad pública' (as reformed January 7, 2021). This is discretionary ('podrán negar'), not an automatic bar on everyone with a record. The U.S. State Department's Mexico page also lists criminal history or charges as a reason Mexican authorities may deny you entry.

• U.S. citizens usually need a UK Electronic Travel Authorisation (ETA) to visit, and it must be refused if you received a custodial or suspended sentence of 12 months or more, or were convicted of any offense in the past 12 months.^9,10,11

  Immigration Rules Appendix ETA, paragraph ETA 2.2(a) and (b). An ETA can also be refused where your presence 'is not conducive to the public good', which explicitly can include convictions outside those two grounds (ETA 2.3). If you can't get an ETA you would need to apply for a visit visa, where the general suitability rules apply: Part Suitability SUI 5.1(a) lists a custodial or suspended sentence of 12 months or more as a mandatory refusal ground, and SUI 5.4 requires refusal of visitor applications for shorter or non-custodial sentences unless more than 12 months have passed (since the sentence ended for custodial or suspended sentences, or since conviction for non-custodial ones).

• The EU's ETIAS travel authorisation asks whether you were convicted of certain serious criminal offenses in the previous 10 years (20 years for terrorist offenses), and when and in which country.¹²

  Regulation (EU) 2018/1240, Article 17(4)(a); the offenses are those listed in the regulation's Annex. If an authorisation is refused you have the right to appeal in the Member State that decided the application (Recital 26). Without a valid authorisation, border guards are to refuse entry. Check the EU's official ETIAS site for whether ETIAS is operating yet before you travel.

What can stand in the way

• Traveling without permission while on probation, parole or supervised release can be a violation of your supervision.³

  The Western District of Michigan probation office warns that failing to get approval may result in a violation of your supervision.

• A U.S. misdemeanor can still be a serious problem abroad; Canada treats impaired driving as potentially serious criminality.⁶
• Holding a travel authorisation or permit doesn't settle whether you get in; the border officer still decides when you arrive.^10,12

  GOV.UK says having an ETA doesn't by itself secure entry to the UK. Under the ETIAS regulation, a border guard with a traveler who holds a valid authorisation still decides whether to authorise or refuse entry.

• If you are required to register as a sex offender, you must report intended travel outside the U.S. to your registration jurisdiction at least 21 days before you go.¹³

  28 CFR 72.7(f) (federal SORNA rule). Your state registry may have its own notice rules too; check with it before booking.

Waivers and exceptions

• Canada: apply for individual rehabilitation once five years have passed since your sentence (including probation) ended, check whether you are deemed rehabilitated, or ask for a temporary resident permit for a specific trip.⁵
• EU: a refused ETIAS authorisation can be appealed in the Member State that made the decision, under that country's law.¹²

  Regulation (EU) 2018/1240, Recital 26.

• U.S. supervision: ask your probation or parole officer (and, for federal supervision, the court) for written permission well before the trip.²

  Federal guidance has officers seek the court's express consent for travel outside the U.S.

How states handle it

Leaving the U.S. is governed by federal law (passport rules). What varies is your own sentence: state and federal courts and parole boards set travel conditions case by case, and each foreign country sets its own entry rules.

What to do next

1. If you are on probation, parole or supervised release, ask your officer whether international travel is allowed and get written permission, and court approval if required, before booking.
2. Make sure you can get a valid U.S. passport (see our passport page).
3. Check the destination country's own entry rules on its official government website, not a travel blog. Be ready to answer truthfully about your record on any visa or travel-authorisation form.
4. For Canada, read IRCC's 'Overcome criminal convictions' page and apply for rehabilitation or a temporary resident permit well ahead of your trip if you may be inadmissible.
5. For the UK, apply for an ETA; if your record means it will be refused, apply for a visit visa instead and expect the suitability rules to apply.
6. Carry certified court records showing the offense, sentence and completion date, in case a border officer asks.

Where to ask

• IRCC: Overcome criminal convictions (Canada)

  Deemed rehabilitation, individual rehabilitation and temporary resident permits.

• GOV.UK: Get an electronic travel authorisation (ETA) to visit the UK

  UK travel authorisation for U.S. and other visa-exempt visitors.

• EU official ETIAS site

  On October 21, 2026, the site said ETIAS was not yet in operation and that the EU will announce a start date several months ahead. Check it before you travel.

• State Department country information

  Example: Mexico page lists criminal history as a possible reason for denied entry; each country has a page.

Felony or misdemeanor?

Some of the rules on this page treat felonies and misdemeanors differently, and each state decides which crimes are which. See how your state grades crimes, or check a specific charge on Is it a felony?.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.