Can you leave the US with a pending felony?
Asked by: Prof. Toni Reichel MD | Last update: February 18, 2026Score: 4.6/5 (59 votes)
Generally, no, you cannot easily leave the country with a pending felony charge, as it often violates bail conditions or results in being stopped by border officials (CBP) and potentially arrested, especially for serious crimes, because you're seen as a flight risk; you must get explicit court permission, usually through your attorney, who can file a motion to allow temporary travel. Unauthorized travel can lead to bail revocation, new charges, or being detained upon return, with judges considering factors like the crime's severity and your criminal history when deciding.
Can you travel with a pending felony charge?
Most felony bail/bond prohibits you from leaving the state. First, check with your Crim Defense attorney as to whether you need a bond modification or if there is a bond restriction on leaving the state. I've had to seek bond modifications to allow a defendant to travel out of state for vacation.
Can you leave the US with a felony conviction?
Yes, felons can often leave the U.S. and get a passport, but travel is restricted if you're on probation/parole, have pending charges, owe significant child support, or were convicted of certain crimes like drug trafficking; you must also check the entry laws of the destination country, as many deny entry based on criminal records, especially for serious offenses like crimes involving "moral turpitude".
Can I leave the country if I have a case pending?
There is nothing that prevents someone from leaving the country with pending criminal charges unless the judge has ordered them to turn over their passport.
Can you travel if you have a pending court date?
If you do decide to travel, make absolutely sure you'll return well before your scheduled court appearance. The consequences of missing court often far outweigh the benefits of any trip, so proceed with caution and proper legal guidance to protect your future freedom and mobility.
Criminal Case Pending--Should You Leave the Country?
Can you leave the US with pending charges?
Traveling Internationally with Pending Charges
Traveling outside the United States with pending criminal charges is much more complicated — and riskier. First, if your case involves serious charges, international travel is typically prohibited outright as part of your release conditions.
Is a pending felony a conviction?
In criminal law, a pending charge refers to a situation in which an individual has been formally accused of a crime, but the legal case has not yet reached a conclusion. While the individual has not been convicted, the charge remains active within the judicial system.
What countries can I not travel to if I have a felony?
Felons face restrictions entering countries like Canada, Australia, Japan, the UK, and China, with rules varying by the country and crime's severity (e.g., Canada denies entry for DUIs; UK blocks sentences over a year). Taiwan also restricts entry for those with criminal records. Always check the specific immigration website for your destination, as policies depend on your record's nature, age, and the country's security concerns.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What charges prevent you from leaving the country?
Convictions for murder or criminal acts involving torture. A conviction for an “aggravated felony” is a special category of grave crimes defined by immigration law. Any offense related to drug trafficking, including a reason to believe you were a trafficker, even without a conviction.
What felonies prevent you from flying?
Felonies that prevent flying often involve terrorism, serious violent crimes (murder, kidnapping, rape, assault), espionage, treason, and drug/explosive offenses, especially those related to aviation security or controlled substances, with the Transportation Security Administration (TSA) and Federal Aviation Administration (FAA) having specific disqualifying criteria for security-related roles and pilot licenses, though many other felonies might affect hiring for airline jobs or international travel to certain countries.
How does Canada know if you have a felony?
If the misdemeanor or felony conviction appears on your FBI police report, you can almost guarantee it will be fully visible to Canada Border Services Agency officers when you attempt to enter Canada.
What felonies will deny a passport?
Felonies that often disqualify you from getting a passport involve drug trafficking, terrorism, treason, kidnapping, human trafficking, child sexual abuse material, or certain federal crimes related to fraud or espionage, especially if you are a fugitive or on probation/parole with travel restrictions, but most other felonies don't automatically prevent issuance; other disqualifiers include major child support arrears ($2,500+) or outstanding federal warrants, notes the U.S. Department of State.
Can you fly internationally if you have a felony?
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. That County's Customs and Immigration Laws will determine if you are able to safely enter.
Can I go to Canada with a pending felony?
There is no presumption of innocence at the border, so a traveler who is under indictment for felony charges or dealing with a pending case can also be turned away.
Can you get a passport if you have a pending felony case?
For most people facing criminal charges, applying for a U.S. passport is still possible. However, there are circumstances where your application may be denied or delayed due to pending legal matters. Under federal law, you may be denied a passport if: A court has restricted your travel.
What is the stupidest court case?
We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.
What's worse, felony 1 or felony 3?
A first-degree felony is significantly worse than a third-degree felony, representing the most serious level of felony crimes, often involving severe violence or premeditation, while third-degree felonies are less severe but still carry substantial penalties, with specific punishments varying by state, but generally involving years in prison. In most jurisdictions, the numbering goes from 1 (most serious) down to 3 or 4 (less serious felonies).
What is the most cleared crime?
Crime clearance rate U.S. 2023, by type of offense
In 2023, murder and manslaughter charges had the highest crime clearance rate in the United States, with 57.8 percent of all cases being cleared by arrest or so-called exceptional means.
Can you travel out of the country if you have a pending felony?
Traveling abroad while a criminal case is pending is very risky. You may be: Denied entry to another country due to pending charges. Denied re-entry to the U.S. (especially for non-citizens)
Why can't felons go to Canada?
Under Canadian law, individuals with felony convictions are deemed "inadmissible" and will almost certainly be denied entry unless certain steps are taken beforehand. This includes convictions for serious crimes such as: Assault. Drug trafficking.
How long does a felony stay on your record in the USA?
A felony conviction typically stays on your U.S. criminal record indefinitely, creating a permanent history, but specific states offer remedies like expungement or sealing after waiting periods (often 7+ years) and meeting strict criteria, though serious or violent felonies are often ineligible. Options depend heavily on your state, the crime's severity, and your behavior since, with some "Clean Slate" laws automatically sealing records.
Is it hard to get a job with pending felony charges?
Reputational risk: Even if an employer initially wants to proceed with hiring you, pending charges could affect their decision, especially if you interview for public-facing roles.
Do you go straight to jail for a felony?
No, you don't always go straight to jail for a felony; it depends on the crime's severity, your criminal history, and the judge's discretion, with outcomes ranging from probation and fines to prison, though serious felonies often lead to incarceration, especially for repeat offenders. Many first-time or non-violent felony offenders receive probation, community supervision, or alternative sentences instead of immediate jail time, but if imprisonment is part of the sentence, you're taken into custody immediately after sentencing.
What is the most common felony charge?
The most common felonies often involve drug offenses (possession/distribution), property crimes (theft, burglary), and DUI/DWI, though this varies by state; however, drug-related offenses consistently rank high, frequently comprising a large portion of total felony charges due to varying state laws on possession, trafficking, and sale. Property crimes like grand larceny and burglary also represent a significant chunk of felony cases, alongside aggravated assaults.