Being convicted of a sex crime carries wide-ranging consequences, such as becoming a registered sex offender, something that will follow you for life. As a sex offender, you might be barred from entering certain countries. However, registered sex offenders in the United States are not generally prohibited from traveling internationally.
For international travel as a registered sex offender, understanding the rules in the destination country is not just important, it's crucial. Entry approval varies from country to country, and being well-informed can significantly enhance your ability to prepare for your journey.
It's not always possible to predict whether a foreign country will allow you to enter with a sex crime conviction on your record because the decision to permit or deny someone entry is left up to authorities in that country.
Sometimes, people only find out whether they can enter a country once they reach the customs checkpoint at the airport in that country. The decision can depend on many factors, including the circumstances and severity of the crime.
You can check whether the foreign country permits individuals with a criminal record, including those convicted of felonies, to enter its borders. While not all sex crimes in California are charged as felonies, if you were convicted of a felony sex crime, this could bar you from entering many countries around the globe based on the felony alone.
Some countries that prohibit convicted felons from entering include China, Cuba, India, Iran, Israel, Japan, Kenya, New Zealand, South Africa, the United Kingdom, and Taiwan. Simply put, no law in the United States prohibits registered sex offenders from traveling abroad as long as they are not on probation or under restrictions that require them to stay in the country.
However, whether or not a country will allow you to enter with a sex crime on your record depends on the rules in that country. We can help you understand how a sex crime conviction may impact your future, including your ability to travel internationally.
How to Travel Internationally as a Registered Sex Offender
If a criminal case against you in California requires you to register as a sex offender, anticipate potential problems entering a foreign country. While this is not a guarantee, it is in your best interests to prepare as much as possible for this possibility. Here are some steps to consider before traveling:
- Research the laws in the country where you want to go. You can often find information about a country's entry requirements online. Some countries have published details on prohibiting registered sex offenders from entering, including Canada, the United Kingdom, China, Thailand, Japan, Australia, and Russia.
- Look for information posted by other registered sex offenders on travel websites and blogs. Some people have had no problem entering foreign countries as registered sex offenders, while others were barred from entering with the same or similar criminal histories.
- During customs interviews in a foreign country, it's not just important, it's crucial to be honest about your criminal history. Customs officers have access to your records, and any dishonesty can lead to denial of entry, even if you would have been allowed in as a registered sex offender. This responsibility is yours to uphold.
International Travel By Sex Offenders - Quick Facts
- In the United States, registered sex offenders are not typically prohibited from traveling internationally.
- While other nations have rules that can make the international travel process more difficult, it's important to remember that registered sex offenders can still obtain a passport and travel internationally.
- There are some restrictions, but with proper preparation and understanding of the rules, international travel is still possible.
- While registered sex offenders can obtain a passport and travel internationally, there are some restrictions regarding where they can go.
- Registered sex offenders can go anywhere that does not conduct a criminal background check before letting them enter.
- Most countries will not review a United States citizen's criminal history before allowing them to visit. Most countries only require a valid passport.
- Some countries might restrict sex offenders from entering once their customs agents observe the "sex offender" identifier on their passports.
- Some countries will refuse entry to a registered sex offender based on the registration itself.
- Some countries will refuse entry based on a criminal record, such as any felony convictions, regardless of the type of crime.
- There will likely be notification requirements to meet before leaving, and sex offenders might also receive extra screening on return.
- Sex offenders must typically notify authorities of their travel plans, especially overseas journeys. Being denied entrance into a foreign country can have serious implications. It can disrupt your travel plans, lead to financial losses, and even result in deportation back to the United States. It's important to be aware of these potential consequences and plan your travel accordingly.
- Regardless of the nature of your offense, having a criminal record may cause issues with visa eligibility or entry permits in some countries.
- Sometimes, the visa may be denied; in other cases, you may need to explain your offense and what you plan to do in that country.
- In certain countries, sex offenders must register with the authorities upon arrival, meaning reporting to a local police station or providing information about their itinerary.
- While the U.S. has a protocol for registered sex offenders to leave the country, it also reserves the right to deny entry to registered offenders.
- Even if you've followed all protocols and given the correct notifications, you should be prepared for intense screening and questioning upon re-entry.
- Sex offenders who travel abroad and are denied entry into their destination country must return to the United States with the same airline.
Which Countries Will Deny Entry?
The "Travel Matrix" indexes nations' current registrant entrance and treatment policies and practices, and which countries are currently turning away sex offenders. Certain nations simply won't permit a registered sex offender to enter the country. Some, not all, are listed below:
- Argentina
- Australia
- Brazil
- Canada
- China
- Columbia
- Costa Rica
- India
- Jamaica
- Japan
- Korea
- Mexico
- New Zealand
- Panama
- Peru
- Philippines
- Russia
- Singapore
- Thailand
- Ukraine
- United Kingdom
- Vietnam
What is the International Megan's Law?
International Megan's Law (IML) is a piece of legislation affecting the international travel of registered sex offenders. It was enacted in 2016 to prevent child exploitation and other sexual crimes by improving information sharing between nations. The IML mandates that the U.S. government inform foreign officials when a registered sex offender plans to travel to their country.
- The IML mandates that the U.S. government inform foreign officials when a registered sex offender plans to travel to their country.
- One of the conditions of IML is the "unique identifier" placed on the passports of registered sex offenders.
- This identifier alerts foreign immigration officers to the individual's sex offender status, potentially affecting their decision to grant entry. The purpose of this 'unique identifier' is to ensure that foreign authorities are aware of your status as a registered sex offender, as mandated by the IML.
- This "unique identifier" means you can only have a passport book, not a card.
- The law also requires sex offenders to report any intended travel outside the U.S. at least 21 days in advance.
The implications of IML for registered sex offenders are broad. The unique identifier on their passport can lead to heightened scrutiny, potential stigma, and even outright denial of entry in some countries.
Are Sex Offenders Required to Notify Law Enforcement?
The International Megan's Law (IML) amended the Sex Offender Registration and Notification Act (SORNA) in 2016. It requires registered sex offenders to report their intent to leave the country to their local sex offender registry.
This means registered sex offenders may be required to report their travel plans with a minimum notice of 21 days. Some information you might have to provide to the place of your sex offender registry includes:
- Dates and places of departure and arrival.
- Names of the countries to be visited.
- Purpose of the international travel.
- Proposed itinerary.
- Airline information and flight numbers.
- Address and contact information abroad.
If you fail to notify authorities of your intent to travel internationally, you can face criminal charges that can result in up to 10 years in prison. If you are a sex offender still on probation from a sex offense conviction, you should expect to face additional requirements and limitations.
Sex offenders must notify their probation officer before they leave the county, state, or country. You can leave the country if your probation officer approves travel. The reasons for the trip will determine whether it's approved or denied.
How Can You Navigate the Requirements?
For registered sex offenders seeking to travel internationally, navigating these legal requirements is crucial to avoid unexpected embarrassment. Thus, it would be best if you considered the following common-sense tips:
- Given the 21-day advance notification requirement under IML, planning your travel well in advance is crucial.
- Seek advice from an attorney to understand your rights and obligations under the law and the potential implications of your sex offender status in your destination country.
- Every country has rules and regulations regarding sex offenders. Familiarize yourself with these laws to avoid any legal complications.
- The best way to ensure you can travel to a particular country is to get legal guidance from the country's consulate or embassy in the United States.
Contact our California criminal defense lawyers for more information. Eisner Gorin LLP is based in Los Angeles, California.
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