Can A Registered Sex Offender Travel Internationally?

If you are a U.S. citizen and have a U.S. passport, you are able to enter approximately 160 countries without first applying for a Visa. The good news is that means you don’t have to spend many hours before your trip to get approval from the other country you are interested in visiting. However, the bad news is that you will only know for a fact whether you can enter the country or not when you get to the customs checkpoint at the airport. If you are denied entry, the airline in which you used to enter the country must transport you back to your departure point.

There are many registered sex offenders that travel frequently and have not had any problems in the countries they have visited, however there are also many registered sex offenders who have been denied entry into those same countries without any explanation other than that they have a sex-related criminal history. Remember that one traveler’s experience may be different from another’s, so be sure to look at multiple accounts before you make your decision.

Therefore, one of the biggest problems a registered sex offender faces is knowing whether or not you are able to visit another country whether it be for work, vacation or making a permanent move. If you are thinking of traveling, we offer the following tips to help make that process a little more understandable.

1) There Is No Law Preventing You From Traveling

For the time being, anyone who has been convicted of a crime that requires him/her to register as a sex offender can still travel outside of the United States. There is nothing that prevents a registered sex offender from traveling, but Congress is working on a new law that may soon change the rules.

In 2013, the House passed H.R. 2848, which would place restrictions on sex offenders who wish to travel internationally and would revoke the passport of those convicted in foreign nations of similar crimes. ¹ In May of 2014, the House passed a second bill that applies to sex offenders convicted of crimes against children. ²

Both bills would change the passport issuing process so that sex offenders would be required to renew their passports every year instead of on the normal 10-year renewal schedule, which could lead to increased scrutiny on sex offenders who wish to travel. If either bill were to pass the Senate, it will then be sent to the President for his signature.

2) On Probation or Parole? Get Permission First

Probation and parole are conditional releases, meaning that the judge or the parole board can set restrictions on your traveling, such as requiring that you stay in California. If you need to travel (either inside or outside of the United States), you should check in with your probation officer or the court. It is best to get permission to travel in writing.

Be prepared to provide a reason for your travel and to ask for permission well in advance of your intended departure date. Some acceptable reasons for travel include for business, family-related events or emergencies and vacations. Keep in mind that whether you can gain approval for your travel will be dependent upon the circumstances of your case. Alternatively, you might be able to seek a modification of your probation to a less restrictive program that would allow you to travel more freely.

3) Inform Your Residence Jurisdiction

Even if you are not on probation or parole, the Sex Offender Registration and Notification Act (SORNA) is a federal law that requires registered sex offenders to “inform his or her residence jurisdiction of any intended travel outside of the United States at least 21 days prior to that travel.” ³

You must provide information related to your travel itinerary, your contact information in the country to which you will be traveling, and the crime for which you are registered.

4) Learn About Your Destination

Many countries will not accept visitors who have any sort of criminal record regardless of the crime. For example, Canada will refuse to grant entry to anyone with a felony conviction. ⁴

Other countries will allow persons with certain criminal backgrounds, but not those related to sex crimes. Before choosing your destination, do some research on the country’s visitation policies. Call the country’s embassy in the U.S. to get more clarification of their travel requirements and restrictions. There are 160 countries that do not require a Visa application prior to entering the country but there are also about 40 other countries that do require a Visa application such as Australia, Brazil, and China.

Once you have chosen a country that will allow you to visit, it is helpful to learn about that country’s local laws. Activities that would be illegal in that country may be legal in the United States, and vice versa. The U.S. State Department has a website that is helpful in learning about potential problems you may encounter once you enter a country.

5) Be Prepared for Your Return to the U.S.

Some sex offenders experience no issues while traveling internationally until they return to the United States. Often, travelers report that they have been delayed for hours and forced into secondary screening while waiting to get back into the United States because of their status. ⁵

If you feel you have been treated unfairly, and you are a person who travels frequently, consider filing a complaint with the Department of Homeland Security’s Traveler Redress Inquiry Program (DHS TRIP) to have the government review its information and make sure that you are not erroneously placed on a watch list. It’s also a good idea to carry your attorney’s contact information with you when you travel.

6) Apply to Be Removed from the Registry

It is possible that you may be eligible to have your name removed from the sex offender registry by:

a) Applying for a “Certificate of Rehabilitation and Governor’s Pardon”;

b) Applying for a “‘Traditional’ California Governor’s Pardon”; or

c) Applying for a “Presidential Pardon” if your sex crime was a federal crime.

The qualifications for these methods of removing your name from the list can be confusing, but working with an experienced attorney can help guide you through the process.

^{1. [https://beta.congress.gov/bill/113th-congress/house-bill/2848]↩}

^{2. [https://beta.congress.gov/bill/113th-congress/house-bill/4573]↩}

^{3. [http://www.smart.gov/international_travel.htm]↩}

^{4. [http://constitutionalfights.wordpress.com/2009/09/08/sex-offenders-banned-from-entering-canada/]↩}

^{5. [http://constitutionalfights.wordpress.com/international-travel/]↩}

Need help finding the proper contact information for the country you are thinking of visiting? Choose your country for more information below.