Countries You Cannot Visit With A Criminal Record - Criminal Defence Lawyers Australia

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Can you travel overseas with a criminal record from Australia? Yes, a criminal record, otherwise known as a conviction, will restrict access for Australians to travel overseas, although the extent of restriction will depend on the contents of the criminal history, the country of destination and their laws and policies. This means that a convicted criminal may still be able to travel overseas from Australia.

Everyone loves to travel, however for individuals with a criminal record, international travel can be significantly more challenging. Various countries have strict entry requirements that can prevent those with criminal convictions from crossing their borders.

This blog will explore what a criminal record is, whether you can travel overseas with a criminal record, which countries restrict entry to individuals with a criminal record and whether you can have your record wiped clean.

Below is a summary outlining some of the laws on criminal records whilst answering some commonly asked questions by our criminal lawyers.

Table Of Contents

What is a Criminal Record?
List of Countries You Can and Cannot Travel To With a Criminal Record
Can I Clear My Criminal Record in Australia?

What is a Criminal Record?

A criminal record is a documented history of an individual’s interactions with the criminal justice system, specifically where they have been found guilty of committing a crime.

In New South Wales criminal records cover convictions for a range of offences, even if a person was not sentenced to a term of imprisonment. A person’s criminal record can include crimes such as murder, assault and sexual assault as well as serious driving offences such as driving with a disqualified license, drink driving offences, and even negligent driving resulting in harm to another person.

In most cases, any offence where an individual has pleaded guilty or been found guilty in court will appear on their criminal record, unless it is cleared under specific provisions such a spent convictions scheme.

List of Countries You Can and Cannot Travel To With a Criminal Record

Many countries around the world have strict immigration policies that prevent individuals with criminal records from entering. While each country has its own rules regarding the type of crime and the length of time since the conviction, a criminal record can significantly impact one’s ability to travel. The below are a few to mention.

Can You Go to America With a Criminal Record From Australia?

The United States generally refuses entry to anyone convicted of fraud, theft or violent crimes. Exceptions can apply and you may still be able to travel to America if you were sentenced for less than one year for the offence or you have gained special permission for entry.

Each case will be decided on its own merits.

Can You Go to Canada With a Criminal Record From Australia?

Canada generally refuses entry to anyone convicted of a crime within the last 5 years, even if a relatively minor crime. After 5 years, a person can apply for an exception to enter the country. Each case will be decided on its merits.

Can You Go to Japan With a Criminal Record From Australia?

Japan has a strict no-entry policy for individuals sentenced to imprisonment for more than one year and require anyone with a criminal history to apply for special permission before entering the country.

Can You Go to China With a Criminal Record From Australia?

China generally refuses entry to anyone with a criminal history and is deemed a ‘security risk’. Potential entrants will need to contact Chinese immigration authorities before attempting to enter the country.

Many other countries also have restriction on entry, and if you have a criminal record and are planning to travel it’s best to look at the immigration website of the country you wish to enter to be sure.

What happens if you are charged with a criminal offence in Australia? Click here for more on the Sri Lankan cricketer case.

Can I Clear My Criminal Record in Australia?

All jurisdictions in Australia have “spent conviction” schemes which allow you to clear your criminal record for domestic police checks. However, these will not necessarily mean your record is not accessible by immigration authorities in other countries.

For example, if you have been convicted of a crime in NSW, section 8 of the Criminal Records Act 1991 (NSW) allows for some criminal records to be cleared after a certain period of time has passed. This period is usually 10 years for adults and five years for juveniles, during which the individual must not have been convicted of another offence. However, some serious offences, such as murder, sexual offences, and serious driving offences, cannot be erased from a criminal record.

If you have been sentenced to imprisonment for more than 6 months, then your conviction will not be capable of ever being spent.

Some criminal records even if spent convictions are still required to be disclosed under sections 16 and 15 of the Criminal Records Act 1991 (NSW). These include circumstances of applying for a job as a Judge or Magistrate, lawyer, police officer, corrective services NSW officer, teacher or if you are subject to a risk assessment or applying for clearance for a working with children check.

By Jarryd Bartle and Jimmy Singh.

Published on 02/12/2024