visit america with 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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• Immigration

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

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

Quick Glance:

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

Understanding the Visa Application Process

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

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

Drug Offenses and DUIs

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

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

Waivers of Inadmissibility

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

The Visa Waiver Program and ESTA

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

Looking Forward

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

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

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

FAQ’s to know:

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

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

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

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

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

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

What did you learn? Answer below to know:

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

Did you Know?

Did you know.

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

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

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

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

Learn Today: Key Terms Explained

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Click here for the index of this page

• Aim of this page

Why is this important?

How do the embassy make their decision, deciding to issue a visa, waivers of ineligibility, what it looks like in your passport if you get a visa, personal experiences, discuss this with others, useful links, more information, get involved, aim of this information.

This section looks at how the Embassy makes their decision to either issue a visa or decline the application; it also provides examples of some success stories.

It forms part of our information on travelling to the US including:

• Do I need a visa?
• Travelling without a visa
• Will I get a visa?

Once you’ve submitted your visa application and attended the interview at the embassy the next step will be waiting to find out whether your application has been successful. Consular officers at the embassy probably won’t tell you on the day of the interview what their decision is likely to be. It helps to have an understanding of what factors they take into account when making a decision in order that you’re able to address any concerns they may have when you attend the interview. It is also important to know what options are open to you if you are found to be ‘permanently ineligible’.

Who is regarded as ineligible for a visa?

If you are ineligible to travel under the Visa Waiver Programme (VWP) then you will generally be regarded as being ineligible for a visa. However, the interview at the embassy will give you the opportunity for your case to be assessed by a consular officer.

For further information on those who are normally ineligible, see the Bureau of Consular Affairs website. This refers to section 212 of the Immigration and Nationality Act.

Who is likely to be granted a visa?

The consular officer will take certain important factors into consideration such as:

• the egregiousness (offensiveness or seriousness) of the crime
• the severity of the penalty
• other criminal activity
• how much time has elapsed between the time the offence was committed and the visa application.

The emphasis of the interview from your position should be to persuade the interviewing officer that you are an upstanding member of society who would not engage in further criminal activity within the US. For further information on how you can increase your chances of being successful go to our Information hub page, Travelling to US – Applying for as visa – STEP 5 – Attend the interview .

Below you will find links to various guidelines by the US authorities for dealing with applications. However, these are very much discretionary, and do not amount to blanket policies, hence the reason for an interview at the US Embassy. The US Department of State Foreign Affairs Manual Volume 9 – Visas also contains some useful information about how the US makes their decision as to whether to grant a visa, but very often it will simply be a case of making an application and awaiting the decision.

Generally inadmissible (1) – Crimes involving moral turpitude

The Immigration and Nationality Act states that, in general, anybody convicted of, or who admits to committing, or acts which constitute the essential elements of a crime involving moral turpitude (other than a purely political offence), is inadmissible.

There is an exception to this general inadmissibility if you have committed a crime involving moral turpitude where you only committed one crime and either:

• The crime was committed when you were under 18 years of age, and the crime was committed (and you were released from any prison sentence imposed for the crime) more than 5 years before the date of application for a visa; or
• The maximum penalty possible for the crime that you were convicted of did not exceed imprisonment for one year and you were not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Generally inadmissible (2) – Crimes involving controlled substances

The Immigration and Nationality Act states that, in general, anybody convicted of an offence relating to a controlled substance is inadmissible.

Generally inadmissible (3) – Convicted of two or more offences

You are generally inadmissible if you have been convicted of 2 or more offences (other than purely political offences), regardless of whether the conviction was in a single trial or whether the offences involved moral turpitude, for which the total aggregate sentences to prison were 5 years or more.

Having reviewed the information you’ve submitted and taken into account the details provided at the interview, the consular officer at the embassy will make a decision on whether to issue you with the visa you have applied for.

If you are successful, the consular officer will inform you verbally that:

• They will be granting you a visa; or
• They will be recommending you to the United States Department of Homeland Security Customs and Border Protection (DHSCBP) for a waiver of ineligibility.

If the consular officer decides that you are ineligible to receive a visa, your application will be denied. You will be informed verbally and in writing of the reason for the denial based on the applicable section(s) of law.

If the US Embassy finds you permanently ineligible to receive a visa, it will mean a lifetime exclusion from the United States unless you obtain a waiver of ineligibility from the United States Department of Homeland Security Customs and Border Protection.

The granting of a waiver by the US authorities is not automatic and is based on several factors, including nature of the crime committed, sentence served and the period of time which has elapsed since the conviction.

How do I get a waiver of ineligibility?

If a favourable recommendation is made to the DHSCBP for a waiver of ineligibility by the US Embassy, the application will take a minimum of eight weeks to process; some applications may take longer.

The Immigration and Nationality Act provides for waivers of ineligibility for visas and inadmissibility to the US for most non-immigrant visa classifications. The statute confers upon consular officers the discretionary function of recommending waivers of ineligibility to Department for Homeland Security (DHS), which has sole authority for granting or denying waivers. If a waiver if not recommended to DHS, a waiver will not be granted and the non-immigrant visa sought will not be issued.

In deciding whether or not to recommend a waiver, consular officers will consider the following factors, amongst others:

• The recency and seriousness of the activity or condition resulting in your inadmissibility;
• The reasons for the proposed travel to the US; and
• Any effect, positive or negative, of the planned travel on US public interests.

How do I apply for a waiver of ineligibility?

If you are inadmissible due to having committed a crime involving moral turpitude, you can apply for a waiver of ineligibility under Section 212(h) of the Immigration and Nationality Act if you can establish that:

• (a)  The activities for which you are excluded occurred more than 15 years before the date of your application for a visa; (b)  Your admission to the US would not be contrary to the national welfare, safety or security; and (c)  You have been rehabilitated; or
• In certain cases involving close relatives (see below); or
• If you are a Violence Against Women Act (VAWA) self-petitioner

No waiver shall be provided to those who have been convicted of (or has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture.

More information about waivers of ineligibility is available here .

Close relatives 

If you are the spouse, parent, son or daughter of a US citizen or an individual lawfully admitted for permanent residence in the United States, you may apply for a waiver if:

• It is established to the Secretary of Homeland Security’s (DHS) satisfaction that denial of admission would result in extreme hardship to the US citizen or lawfully resident spouse, parent, son or daughter; and
• The Secretary of Homeland Security (DHS) has consented to the application or reapplication for a visa for admission or adjustment of status to the United States.

Feedback that we’ve received about successful visa applications include:

I received a caution for possession of a controlled substance (Class A) in 2009. By mid-2010, I had applied for and been granted a visa which was valid for 10 years. I went suited and booted and they just asked me whether I was still misusing drugs. I think possession is extremely minor in the spectrum of drugs-related offences.

After my last visa attempt in London two years ago, I bit the bullet and tried again for my B2 visa applying to the US Consulate in Belfast. I arrived early and after being searched I walked to the back of the building and into a small office with three counters and an interview booth. I passed all my documents over and about 20 minutes later I was called to the interview booth and greeted by a really friendly American lady. She asked me lots of questions all the time typing away at her screen. Eventually she thanked me for being so upfront and honest and said “its my decision to grant you your visa for 10 years.” Now I’m just waiting for my passport to come back.

Just had my visa interview. I arrived early and made sure I dressed in a suit and tie. I gave all my documents to an official for registration and 30 minutes later I was called to a booth to speak with a US Immigration Officer. She asked me why I was travelling to the US and she wanted more details about my two convictions. She then told me to wait while she went to “check something”. Five minutes later she came back and said “Everything is fine, your visa has been approved”.  I won’t believe that I’ve overcome every hurdle until I set foot on American soil.

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

Embassy interview to travel to the US

USA – here I come (at the second time of asking)

Read and share your experiences on our online forum .

Key sections include:

• Applying for a visa

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

• US Embassy and Consulates in the UK – Provides information and advice on the visa application process
• For practical information – More information on travelling to the US
• To read personal stories – You can read stories about this posted on theRecord, our online magazine under the tag of travelling to the USA
• To discuss this with others – Read and share your experiences on our online forum
• Questions – If you have any questions about this, you can contact our helpline .

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

• Send your feedback directly to us
• Discuss your views and experience with others on our online forum
• Share your story by contributing to our online magazine, theRecord .

This page was last fully reviewed and updated in August 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to [email protected] .

Thank you for your the Waiver of Ineligibility information provided here. It has added to my knowledge, and the process, on the subject. Thanks aslo, to those who gave their Testimonials. This has given me great hope.

I overstayed in the covid time (on a B1/B2 visa). When I tried to return Dec ’23 they turned me around, and since then the US Embassy has confirmed the bar. I don’t know how long the appropriate time to wait is, but I shall look into the waiver

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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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Criminal Record Checks

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

Local Police Check

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

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

FBI Records Check

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

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

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

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

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

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

Getting Your Fingerprints Taken

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

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

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

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

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

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• 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.

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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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What are you looking for?

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

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

Traveling Outside the U.S. with a Criminal Background

(This may not be the same place you live)

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

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

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

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

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

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

What Are Some Effects of Having a Criminal Record?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Traveling with a Criminal Record: All Questions Answered

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

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

Apply Online

In this article…

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

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

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

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

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

💡 Tip: Buy travel health insurance before your trip.

Check out popular travel insurance plans and choose one that suits you.

Most plans only cost less than $20 a day.

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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Can felony convictions hinder trump’s international travel here’s what we know.

• Legal Issues

In this June 9, 2018, file photo, then-President Donald Trump speaks with world leaders during the G7 Leaders Summit in Quebec, Canada. (German Federal Government via AP)

Former President Donald Trump’s recent conviction on felony charges raised a host of other questions. 

Can Trump still run for president? Yes, he can . Can he vote in Florida? It’s likely .

But the answer to another question isn’t as clear: How will Trump’s felony conviction affect his ability to travel internationally? Social media users claimed there were dozens of countries that Trump can no longer enter because of his conviction.

Many countries have rules barring people convicted of felonies from entering. However, those rules vary widely and many leave room for exemptions. If Trump is again elected president and visits a country on official business, he would likely be granted entry, but it’s not guaranteed, experts said.

A Manhattan jury on May 30 found Trump guilty of all 34 counts of falsifying business records in a scheme to cover up a hush money payment to adult film actor Stormy Daniels before the 2016 presidential election. Trump is scheduled to be sentenced July 11. Judge Juan Merchan has the power to impose travel restrictions at that time, limiting Trump’s travel outside the U.S.  

Many countries singled out in the social media posts about Trump limit entry for foreigners who have been convicted of felonies. Factors considered in whether to grant entry include the type of crime, when it occurred and the sentence length.

For example, Australia’s visitor travel requirements stipulate that "you must not have any criminal convictions for which the sentences total 12 months or more, whether or not you have served the sentences." Because Trump hasn’t been sentenced, it’s unclear whether whatever sentence he receives would fall into this category. Many legal experts have said they doubt Trump will be sentenced to prison. 

Israel and the United Kingdom also can bar people convicted of felonies from visiting. The U.K. restrictions factor in the sentence length and conviction timing.

It’s unclear whether Trump's felony conviction will affect his ability to travel to Trump International Golf Links in Scotland, which is part of the United Kingdom. When asked about how a potential visit from Trump may be handled, the U.K.'s Home Office said it does not comment on individual cases.

Harold Hongju Koh, a Yale University international law professor, said Trump’s travel to other countries as a former, and potentially future, head of state "would depend on how that country chooses to administer its entry laws."

Even sitting heads of state, he said, don’t have "an affirmative right that entitles" them to enter a country, although Trump would have diplomatic immunity in other countries if he’s reelected.

"China, where President Xi Jinping has broad executive authority, could decide to admit him between now and November as a former U.S. president who also could be a future U.S. president," Koh said. "But that would be based on a discretionary act of the Chinese executive under Chinese law, not on any general rule of international law."

Evelyn Cruz, an Arizona State University law professor who directs the university’s immigration clinic, said all countries have admission rules and it’s possible Trump might need a waiver for any country he seeks to visit.

"Whether he needs to apply ahead or at the entry point will depend on the country’s policies," Cruz said. If Trump were to be reelected in November, "he would be traveling under the head of state diplomatic immunity, and therefore, the countries would let him in."

She noted the U.S. has a similar diplomatic policy and has let in people accused or convicted of war crimes to attend United Nations gatherings.

Diplomatic immunity holds that certain government officials are not subject to jurisdiction of local courts and other authorities for their official duties, a 2018 U.S. State Department guide said. In the U.S., a head of state automatically qualifies for an A1 visa , regardless of the visit’s purpose. 

Similar travel questions arose when former President George W. Bush ran for president in 2000. One news report said he was granted special permission to enter Canada because he acknowledged a 1976 misdemeanor DUI charge, for which he had pleaded guilty and paid a fine. A Canada Border Services Agency spokesperson told PolitiFact the agency doesn’t comment on individual cases.

To examine the travel challenges Trump might face, we also examined how the U.S.’ northern and southern neighbors handle convicted felons entering their countries.

Under Canadian law , a visitor with a criminal conviction can be barred from entering the country, a U.S. State Department webpage said .

Mario Bellissimo, a Canadian immigration lawyer, said Trump could be denied entry because of his conviction.

"He is inadmissible to Canada and would be eligible (to apply for a certificate of) rehabilitation five years after the completion of any sentence," Bellissimo said.

For certificates of rehabilitation, an immigration officer decides whether a foreign national poses a risk of reoffending, taking into account factors related to the crime and what the offender has done since to show he or she is not a risk, Bellissimo said.

However, there are exceptions to these procedures, Bellissimo said. Section 24 of  Canada’s Immigration and Refugee Protection Act affords immigration officers the leeway to grant a temporary resident permit.

"Someone like a former president or a Republican (presidential) nominee that might be coming here for official duties or official business, that would be a very strong factor that would weigh in his favor for entry to Canada," he said.

Luke Reimer, a Canada Border Services Agency spokesperson, said admission to Canada is decided case by case based on the information available at the time of entry about whether travelers meet entry requirements.

He said several factors determine whether a person can enter, including criminal history.

The Immigration and Refugee Protection Act lists multiple reasons a person can be found inadmissible to Canada, including being convicted outside Canada of a crime that would be an indictable offense in Canada. Trump’s conviction on falsifying business records is also a crime in Canada .

Mexican law also allows immigration authorities to deny foreigners entry if they were charged with or convicted of a serious crime in Mexico or elsewhere, the U.S. State Department said on its website . 

A frequently asked questions page from the Mexican Consulate in Miami about forms visitors to Mexico must fill out notes that a person with a criminal record could be denied entry for serious crimes. 

"There is no way to know about your case before you travel," the page said, recommending that travelers contact authorities in their own country to find out if they have shared information with other countries.

An Embassy of Mexico in Canada webpage about visiting Mexico with a criminal record says people could be denied entry for serious crimes. The crimes listed include "tax fraud and comparable crimes."

PolitiFact Staff Researcher Caryn Baird, Staff Writers Loreben Tuquero, Kwasi Gyamfi Asiedu and Sara Swann and Contributing Writer Sofia Ahmed contributed to this report.

Our Sources

Government of Canada, Immigration and Refugee Protection Act, Division 4: Inadmissibility , accessed May 31, 2024

Government of Canada, Criminal Code: Falsification of Books and Documents , accessed May 31, 2024

Government of Canada, Overcome criminal convictions , accessed May 31, 2024

Email interview, Luke Reimer, spokesperson for the Canada Border Services Agency, May 31 and June 4, 2024

Phone interview, Mario Bellissimo, Canadian immigration lawyer, May 31, 2024

Email interview, Evelyn Cruz, Arizona State law professor and director of the university’s Immigration Clinic, May 31, 2024

U.S. State Department, Mexico International Travel Information , accessed June 3, 2024

U.S. State Department, Canada International Travel Information , accessed June 3, 2024

U.S. State Department, Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities , Aug. 2018

U.S. State Department, Visas for Diplomats and Foreign Government Officials , accessed June 3, 2024

Embassy of Mexico in Canada, Travelling to Mexico with a criminal record , accessed June 3, 2024

Mexico Consulate in Miami, Frequent questions and answers , accessed June 3, 2024

Government of Mexico, Digital Multiple Migration Form (FMMd) , accessed May 2, 2023

Australian Government Department of Home Affairs, Electronic Travel Authority , accessed June 3, 2024

Australian Government Department of Home Affairs, Check visa details and conditions , accessed June 3, 2024

Israel Population and Immigration Authority, Reciprocal privileges for US citizens at border control , accessed June 3, 2024

Gov.UK, Immigration Rules Appendix Electronic Travel Authorisation , accessed June 3, 2024

Gov.UK, Grounds for refusal: criminality (accessible) , accessed June 3, 2024

Seattle Times, Canada can bar door for DUI , Aug. 19, 2002

ABC News, DUI Stops Bush From Freely Entering Canada , Nov. 3, 2000

Brennan Center for Justice, How Could Trump’s New York Hush Money Trial End? , May 14, 2024

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Can felony convictions hinder Trump’s international travel? Here’s what we know

Many countries have rules barring people convicted of felonies from entering. However, those rules vary widely and many leave room for exemptions.

Former President Donald Trump’s recent conviction on felony charges raised a host of other questions.

Can Trump still run for president? Yes,  he can . Can he vote in Florida? It’s  likely .

But the answer to another question isn’t as clear: How will Trump’s felony conviction affect his ability to travel internationally? Social media  users   claimed  there were dozens of  countries  that Trump can no longer enter because of his conviction.

Many countries have rules barring people convicted of felonies from entering. However, those rules vary widely and many leave room for exemptions. If Trump is again elected president and visits a country on official business, he would likely be granted entry, but it’s not guaranteed, experts said.

A Manhattan jury on May 30 found Trump guilty of all  34 counts  of falsifying business records in an alleged scheme to cover up a hush money payment to adult film actor Stormy Daniels before the 2016 presidential election. Trump is scheduled to be sentenced July 11. Judge Juan Merchan has the power to impose travel restrictions at that time, limiting Trump’s travel outside the U.S.

Countries have discretion about when and how to admit foreigners

Many countries singled out in the social media posts about Trump limit entry for foreigners who have been convicted of felonies. Factors considered in whether to grant entry include the type of crime, when it occurred and the sentence length.

For example, Australia’s visitor travel requirements  stipulate  that “you must not have any criminal convictions for which the sentences total 12 months or more, whether or not you have served the sentences.” Because Trump hasn’t been sentenced, it’s unclear whether whatever sentence he receives would fall into this category. Many  legal  experts  have said they doubt Trump will be sentenced to prison.

Israel  and the  United Kingdom  also can bar people convicted of felonies from visiting. The U.K. restrictions factor in the sentence length and conviction timing.

It’s unclear whether Trump’s felony conviction will affect his ability to travel to Trump International Golf Links in Scotland, which is part of the United Kingdom. When asked about how a potential visit from Trump may be handled, the U.K.’s Home Office said it does not comment on individual cases.

Harold Hongju Koh, a Yale University international law professor, said Trump’s travel to other countries as a former, and potentially future, head of state “would depend on how that country chooses to administer its entry laws.”

Even sitting heads of state, he said, don’t have “an affirmative right that entitles” them to enter a country, although Trump would have diplomatic immunity in other countries if he’s reelected.

“China, where President Xi Jinping has broad executive authority, could decide to admit him between now and November as a former U.S. president who also could be a future U.S. president,” Koh said. “But that would be based on a discretionary act of the Chinese executive under Chinese law, not on any general rule of international law.”

Evelyn Cruz, an Arizona State University law professor who directs the university’s immigration clinic, said all countries have admission rules and it’s possible Trump might need a waiver for any country he seeks to visit.

“Whether he needs to apply ahead or at the entry point will depend on the country’s policies,” Cruz said. If Trump were to be reelected in November, “he would be traveling under the head of state diplomatic immunity, and therefore, the countries would let him in.”

She noted the U.S. has a similar diplomatic policy and has let in people accused or convicted of war crimes to attend United Nations gatherings.

Diplomatic immunity holds that certain government officials are not subject to jurisdiction of local courts and other authorities for their official duties, a 2018  U.S. State Department guide  said. In the U.S., a head of state automatically qualifies for an  A1 visa , regardless of the visit’s purpose.

Similar travel questions  arose  when former President George W. Bush ran for president in 2000. One news report  said  he was granted special permission to enter Canada because he acknowledged a 1976 misdemeanor DUI charge, for which he had pleaded guilty and paid a fine. A Canada Border Services Agency spokesperson told PolitiFact the agency doesn’t comment on individual cases.

To examine the travel challenges Trump might face, we also examined how the U.S.’ northern and southern neighbors handle convicted felons entering their countries.

Canada’s rules about admission for people convicted of felonies

Under  Canadian law , a visitor with a criminal conviction can be barred from entering the country, a U.S. State Department  webpage said .

Mario Bellissimo, a Canadian immigration lawyer, said Trump could be denied entry because of his conviction.

“He is inadmissible to Canada and would be eligible (to apply for a certificate of) rehabilitation five years after the completion of any sentence,” Bellissimo said.

For certificates of rehabilitation, an immigration officer decides if a foreign national poses a risk of reoffending, taking into account factors related to the crime and what the offender has done since to show he or she is not a risk, Bellissimo said.

However, there are exceptions to these procedures, Bellissimo said.  Section 24  of  Canada’s Immigration and Refugee Protection Act affords immigration officers the leeway to grant a temporary resident permit.

“Someone like a former president or a Republican (presidential) nominee that might be coming here for official duties or official business, that would be a very strong factor that would weigh in his favor for entry to Canada,” he said.

Luke Reimer, a Canada Border Services Agency spokesperson, said admission to Canada is decided case by case based on the information available at the time of entry about whether travelers meet entry requirements.

He said several factors determine whether a person can enter, including criminal history.

The Immigration and Refugee Protection Act lists  multiple reasons  a person can be found inadmissible to Canada, including being convicted outside Canada of a crime that would be an indictable offense in Canada. Trump’s conviction on falsifying business records is also a  crime in Canada .

Mexico’s rules about admitting people convicted of felonies

Mexican law also allows immigration authorities to deny foreigners entry if they were charged with or convicted of a serious crime in Mexico or elsewhere, the U.S. State Department  said on its website .

A  frequently asked questions page  from the Mexican Consulate in Miami about forms visitors to Mexico must fill out notes that a person with a criminal record could be denied entry for serious crimes.

“There is no way to know about your case before you travel,” the page said, recommending that travelers contact authorities in their own country to find out if they have shared information with other countries.

An Embassy of Mexico in Canada  webpage  about visiting Mexico with a criminal record says people could be denied entry for serious crimes. The crimes listed include “tax fraud and comparable crimes.”

PolitiFact Staff Researcher Caryn Baird, Staff Writers Loreben Tuquero, Kwasi Gyamfi Asiedu and Sara Swann and Contributing Writer Sofia Ahmed contributed to this report.

This fact check was originally published by PolitiFact , which is part of the Poynter Institute. See the sources for this fact check here .

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Donald Trump Is Banned from 37 Countries as Convicted Felon, Including Major Allies Like Canada and U.K.

If elected president again, Trump would need special permission to enter several key countries for maintaining foreign relations

Donald Trump may face travel restrictions with his newfound felon status , potentially complicating his presidency if he were to win another term in office.

Thirty-eight nations, counting the United States, bar felons from entry, according to World Population Review . Those bans stand regardless of whether someone is allowed to retain their passport after conviction.

Countries that turn felons away include several of the United States' strongest allies, like the United Kingdom, Australia and Canada — the final of which will host the G7 summit of world leaders in 2025. The list also includes a number of nations at the center of pressing foreign policy issues, such as China, Israel and Mexico.

AP Photo/Alex Brandon

International governments can, and in some cases would, choose to make an exception for Trump if he requested special permission as president to make a visit.

George W. Bush , who was arrested for drunk driving in the 1970s, ran into issues with Canadian travel restrictions during his presidency while planning an official state visit and, after applying for a special waiver, he was ultimately allowed to enter.

Win McNamee/Getty

In Bush's case, which still proved tedious, the circumstances were a bit different: the crime happened decades earlier, was only categorized as a misdemeanor and was never tried in a court of law (Bush admitted to driving under the influence upon arrest and got off with a fine and temporary license suspension). It's hard to say whether Trump's new 34 felony convictions would be dealt with in a similar manner.

Countries That Deny Entry to Felons

• Dominican Republic
• New Zealand
• Philippines
• South Africa
• South Korea
• United Arab Emirates
• United Kingdom
• United States

If Trump were elected to another term in the White House and chose to apply for special travel waivers, the irony would not go unnoticed.

The former president has often characterized foreigners as "criminals," and has campaigned on a promise to tighten U.S. travel restrictions, which would include shutting down the border and instating travel bans on people of certain nationalities and ideologies.

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Donald Trump found guilty on all counts in historic NY hush money trial: Recap

In a verdict that shook the 2024 presidential campaign, former President Donald Trump was found guilty on all 34 counts in his New York criminal hush money trial . He was convicted of falsifying business records to hide a hush money payment to porn star Stormy Daniels ahead of the 2016 presidential election. Trump is the first former U.S. president convicted of a crime.  

Prosecutors charged Trump with falsifying business records. They alleged Trump falsified the records to conceal unlawfully interfering in the 2016 presidential election through the $130,000 hush money payment, making the falsification charges felonies. The crime carries a penalty of up to four years in prison, with sentencing scheduled for July 11, but legal experts previously told USA TODAY the presumptive Republican nominee is likely to get only probation or a shorter sentence .

Trump called the outcome a "disgrace" and vowed to keep fighting his conviction.

The more-than six weeks-long trial against the presumptive Republican presidential nominee − which featured dramatic clashes between lawyers and witnesses, the judge and Trump − was the first criminal trial in U.S. history against a former president.

Trump's conviction marks another historic moment, with an uncertain impact on the 2024 presidential election. He is not disqualified from running for office and while polls have suggested a conviction would harm his prospects, prominent Republican supporters quickly rallied to his side.

Prep for the polls: See who is running for president and compare where they stand on key issues in our Voter Guide

Follow along with USA TODAY's live coverage here:

Manhattan District Attorney Alvin Bragg: 'I did my job'

Manhattan District Attorney Alvin Bragg said he did not have any response to Donald Trump’s repeated attacks on the prosecutor and his staff, but he praised his office.

“I did my job. Our job is to follow the facts and the law without fear or favor. That’s exactly what we did here,” Bragg said. “I did my job. We did our job. Many voices out there. The only voice that matters is the voice of the jury and the jury has spoken.”

− Bart Jansen

Will Donald Trump go to jail?

Manhattan District Attorney Alvin Bragg dodged a question about whether he would seek jail time when Trump is sentenced July 11.

“We will speak at that time,” Bragg said.

Bragg also declined to say whether he would oppose a request from Trump to remain free while he appeals the verdict. Bragg said prosecutors would respond formally at sentencing July 11.

“I’m going to let our words in court speak for themselves,” Bragg said.

Trump still faces criminal prosecution in these other three cases

With Donald Trump guilty on all charges in his Manhattan hush money trial, he still faces criminal charges in three other cases, including two for allegedly trying to illegally steal the 2020 election he lost to President Joe Biden.

In all, Trump faced a combined 88 criminal counts, including the 34 in Manhattan that he was convicted of Thursday by a jury. That leaves 54 counts between the three other cases, two of them in federal court that were brought by special counsel Jack Smith on behalf of the Justice Department.

One of those involves the retention of classified documents. The other federal case overseen by Smith accuses Trump of trying to subvert the 2020 election results.

The fourth case, in Fulton County, Ga., accuses Trump and 14 co-defendants − including some of his former lawyers, and administration aides − of trying to overturn Trump's loss in the Peach State in 2020.

Trump has pleaded not guilty in all of the cases. None of them have trial dates scheduled, and legal experts largely concur that it's unlikely that any will begin before election day on Nov. 5, a likely rematch between Biden and Trump as the presumptive Republican nominee.

  −Josh Meyer

Watch DA Alvin Bragg's press conference live

Manhattan District Attorney Alvin Bragg Jr. will hold a press conference Thursday evening following the  conviction of Donald Trump.

The press conference is scheduled to be held at 6:30 p.m. ET at the 8th Floor Training Room in New York, the DA's office said in a release.

You can watch his comments live here.

− Anthony Robledo

What was Trump found guilty of?

Trump was found guilty of 34 counts of falsifying business records.

Each count is tied to a different business record that prosecutors argued Trump was responsible for changing in order to either conceal or commit another crime .

Those records include 11 checks paid to former lawyer  Michael Cohen , 11 invoices from Cohen and 12 entries in Trump's ledgers.

The jury found that Trump authorized a plan to reimburse Cohen for the $130,000 hush money payment issued to  Stormy Daniels and spread the payments across 12 months disguised as legal expenses.

− Kinsey Crowley

'Trump is in a deep hole here': Former federal prosecutor reacts to verdict

Kevin O’Brien, a former federal prosecutor now practicing at Ford O’Brien Landy, said Trump could appeal whether the evidence was sufficient to convict him . But Trump can no longer challenge the credibility of witnesses such as former lawyer Michael Cohen and porn actress Stormy Daniels because the jury believed them, O’Brien said.

“Trump is in a deep hole here,” O’Brien said. “It’s not like he gets to start over. That’s not how the appeal system works.”

The jury weighed the evidence and decided that witnesses such as former lawyer Michael Cohen and porn actress Stormy Daniels were credible.

The counts each carry maximum sentences of four years, but legal experts say Judge Juan Merchan could give him probation or a shorter sentence as a first-time offender to a non-violent offense. The felony convictions don’t prohibit Trump from campaigning or potentially winning the White House.

“He could still easily wind up president of the United States,” O’Brien said. “There’s nothing that would prevent that from happening.”

Can Trump run for president now?

Yes, even after being convicted on felony counts, the Thursday verdict does not impact Donald Trump's ability to seek another term in the White House. The Constitution is pretty clear − here are the qualifications to serve as president.

• Be a natural-born citizen of the U.S.
• Have lived in the U.S. for at least 14 years
• Be at least 35 years old

− Marina Pitofsky

What happens to Trump now? Trump sentencing date

Judge Juan Merchan has scheduled Trump's sentencing for July 11, and Trump is out free until then.

Because this is Trump's first felony offense, his sentence is likely to be as light as probation or home confinement. If he does receive a sentence , it would probably be less than a year.

Trump is likely to appeal the conviction. That would push any jailtime until after the election.

− Kinsey Crowley  

Who were the key witnesses in Donald Trump's historic trial

Former Trump lawyer Michael Cohen was a significant witness testifying that he submitted invoices for “legal expenses” that Trump knew were to reimburse him for paying $130,000 to silence porn actress Stormy Daniels before the 2016 election. But Trump lawyer Todd Blanche accused Cohen of lying on the stand when he testified he notified Trump about the payment to Daniels. In closing arguments, Blanche called Cohenthe “MVP of liars” and “the embodiment of reasonable doubt.” 

Daniels, whose real name is Stephanie Clifford, described the alleged sexual encounter in enough detail that Merchan questioned why defense lawyers didn’t object more to block her testimony. Trump has repeatedly denied he had sex with Daniels and Blanche argued the payment “started out as an extortion” whether the allegation was true or not. 

David Pecker, the former CEO of American Media Inc., which owned the National Enquirer, said he agreed in a meeting with Trump and Cohen in August 2015 to be the “eyes and ears” of Trump’s presidential campaign to buy negative stories about the candidate and never publish them. 

Pecker acknowledged paying former Playboy model Karen McDougal $150,000 for her story and then refusing to pay for Daniels because Trump hadn’t reimbursed him. Cohen provided a recording , which prosecutor Joshua Steinglass called “jaw-dropping,” of Trump mentioning the $150,000 figure. 

Can Trump go to prison?

Yes. Each felony count of falsifying business records − elevated to a felony because prosecutors proved their purpose was to commit or conceal another crime − carries a maximum sentence of four years. However, New York caps such sentencing the type of felonies Trump faced – Class E felonies –  at 20 years .

But given Trump doesn't have a criminal record and wasn't convicted of a violent crime, such a high sentence is very unlikely, according to legal experts. Several spoke to USA TODAY ahead of the trial about what could happen if Trump were convicted. Nearly all predicted that, if convicted, Trump would get a sentence ranging from just probation to up to four years in prison, and likely falling within the lower end of that range.

− Aysha Bagchi

Donald Trump reacts to guilty verdict

Donald Trump quickly reacted to the jury's decision finding him guilty on all 34 criminal counts.

“This is just a disgrace,” Trump told reporters in the hallway outside the courtroom. “We didn’t do anything wrong. I’m an innocent man.”

Trump ignored shouted questions about whether he would drop out of the presidential campaign.

“This is long from over,” Trump said. “We’ll keep fighting. We’ll fight to the end and we’ll win.”

People surrounding courthouse react

Outside the courthouse, anti-Trump demonstrators cheered and drivers honked their horns as news of the guilty verdicts spread. “Guilty!” several people shouted out.

− David Jackson

Jury reaches a verdict

The jury has reached a verdict in former President Donald Trump 's New York criminal hush money trial , which centers on allegations that he falsified business records to hide a hush money payment to porn star Stormy Daniels ahead of the 2016 presidential election.

Jurors confirmed that they had reached a verdict in a note signed by the foreperson at 4:20 p.m. local time. Jurors have requested an extra 30 minutes to fill out forms and take other steps, according to Judge Juan Merchan .

The former president, his attorneys, prosecutors reporters and others were waiting in near silence in the courtroom as the jury entered the courtroom.

A drama-filled trial  

The six-week trial featured dramatic clashes between lawyers and witnesses, the judge and Trump.  

The testimony included tense moments, such as defense lawyer Todd Blanche accusing Trump’s former lawyer Michael Cohen , of lying on the stand and former Trump spokesperson Hope Hicks breaking into tears . 

Meanwhile, Judge Juan Merchan threatened to jail Trump if he continued to violate a gag order against talking about witnesses participating in the case. Merchan also scolded Blanche for an “outrageous” statement in closing arguments that the jury shouldn’t “send someone to prison” based on Cohen’s testimony. 

A flock of Republican surrogates showed up to support Trump, and one conspiracy theorist set himself on fire outside the courthouse. 

Correction: A previous version of this story quoted Trump as saying "this is far from over."