Can you leave the state with an open felony case?
Asked by: Prof. Trey Schaefer | Last update: June 6, 2025Score: 4.9/5 (26 votes)
You may be able to leave the state, but you will have to make your court appearances to defend against your criminal charges. A defense attorney familiar with the local legal system will be able to tell you about whether you can leave the state.
Can you travel with an open court case?
For civil cases, generally, there are no restrictions on travel unless specifically ordered by the court. However, if it's a criminal case, you may have conditions placed on your travel, especially if you've been released on bail or your travel could be seen as a risk of flight.
Can you leave the state if you have felony charges?
If you face criminal charges, you may be restricted from traveling out of state or internationally. You may need to obtain permission from the court to travel, and you will be required to comply with any conditions set by the court, including adhering to the specific criminal laws of the jurisdiction you are in.
Can you leave the state with an open case?
As a general rule you can move as long as your movement is not restricted by a court order. If you are under investigation and have not yet been charged, there probably is not an order yet. With that said, there can be ramifications for trying to avoid prosecution, of course, if that is the intent.
Can you travel out of state with an open case?
Your attorney can file a motion for you and petition the court to allow you to travel whether for work purposes or if you had a vacation planned out for a while.
Can You Leave The State With A Pending Felony? - CountyOffice.org
Can you fly if you have an open case?
While it's technically possible to board a flight with an open arrest warrant without TSA interference, risks abound. From local police presence at airports to CBP checks during international travel, the potential for arrest is real. It's crucial to consult with a legal expert to understand your options and risks.
Can I leave the state if I have a court date?
It is better to seek permission from the court. Even if the court does not give it, you will be able to point out to the court that you did what you could to comply. If you are not sure about intended travel plans, talk it out with your lawyer. Their job is to help you get through the process in the best way possible.
Can a felon travel out of state?
It would be impossible if the convict was abroad or in another state at the time of the meeting. If the felon wants to travel, they should get permission from their probation officer, who will approve it, considering the nature of the crime. Once the probation period is over, travel restrictions ease.
What happens if you leave the state with an open CPS case?
In general unless the CPS order itself states that you cannot relocate, you can move out even if CPS has an open investigation. You generally might not be permitted to move with the child if you have custody, and/or CPS of your state may contact CPS of the new jurisdiction and notify them of the investigation.
Can a pending felony be dropped?
A felony charge may be dropped before trial if new evidence comes to light proving innocence or casting reasonable doubt. It may also occur if the prosecutor decides the case is too weak to lead to a conviction.
Will a felony show up in another state?
If you are convicted of a felony in another state, you'll end up with a criminal record. The charge might follow you in the future and may have implications for future employment or other legal proceedings.
What states don't extradite for felonies?
South Carolina, Louisiana, and Mississippi are the states that have not signed the UCEA, making them non-extradition states. In non-extradition states like South Carolina, Louisiana, and Mississippi, the process of extraditing fugitives can be more complex and challenging.
Can you fly with a felony charge?
Can Convicted Felons Travel? Yes, but it depends on your country of citizenship. If you're a US citizen, then yes. You can travel to most countries worldwide as long as you have a passport and a visa (if necessary).
Can you leave the state with a felony charge?
You must remain in the state where you have the pending felony charge until the court allows you to leave the state. Some courts require that the accused remain in the state until the conclusion of the trial and the person is found innocent, at which time they may leave the state.
What is considered an open court case?
“Open court” refers to judicial proceedings to which the public has access. Public access includes the ability to attend courtroom proceedings, as well as access to court records and transcripts .
Can you travel outside the US with an open case?
Courts often order the person to obtain specific permission if they want to leave a specified area, and in most cases will not allow any travel abroad prior to the resolution of the case. In more serious cases, a person's passport will be seized by the Court.
Can I go on vacation with an open CPS case?
As long as there is an active CPS case and visitation has been suspended, yes.
Does an open CPS case show up on a background check?
If the CPS investigation is “founded,” and charges have been filed, it will appear on a criminal background check and CPS records. If the case finds no wrongdoing, it will not appear on a criminal background check but will remain on CPS records.
How do you get a CPS case off your record?
You should file a Petition with the circuit court in the county where your CPS case went to court. Unfortunately, there is no form to fill out. You would have to create a Petition to file.
Can a felon go on a cruise?
Cruise Line Background Checks
As a result, you could be denied boarding if you are a sex offender or have a violent felony conviction on your record, such as for armed robbery.
Can you leave the country if you have a felony in the US?
8. Can I travel abroad with a criminal conviction? Yes, you may leave the United States if you are not currently under supervision. However, you must check with the Country in which you want to travel to.
Can I go to Canada if I had a felony 20 years ago?
Can Felons Travel to Canada? Canada has one of the toughest borders in the entire world. Unfortunately, this means that an American with a felony record will typically have difficulty traveling there. Even a single conviction from a long time ago can result in a felon being denied entry by Canada.
Can you leave the state with a pending court case?
The judge may have released you on bail pending trial but subject to certain conditions. One of those conditions might be not leaving the state. If you haven't been arrested or detained, you can likely leave the state but you should talk to a local criminal defense attorney before doing so.
What is the best excuse for missing court?
- Medical Emergencies. Life can throw unexpected events at us. ...
- Unforeseen Accidents. Being involved in a car accident while on your way to court can also be a valid reason for an FTA. ...
- Transportation Issues. ...
- Unaware of the Court Date. ...
- Bereavement. ...
- Additional Information.
How do you know if a case is being built against you?
If if the state you refer to is in the US, you could try calling the local public defender's office for the county where the charges would likely be filed and see if they could run your name and find out if there's a case and/or a warrant out on you.