Can you travel out of state with an open case?
Asked by: Cecelia Parker | Last update: May 18, 2025Score: 4.6/5 (28 votes)
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 travel if you have an open case?
If you are released on a pre-trial release or a pre-trial release with bond, you are not allowed to leave the state and sometimes even the county without getting court's approval.
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 get on a plane with 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 you travel out of state with pending charges?
You may need to obtain permission from the court to travel out of state, even for a short period. Failure to comply with criminal proceedings and travel restrictions can result in a bench warrant being issued for your arrest.
Can I Travel While My Case Is Pending? Felony or Misdemeanor Charges
Can you leave the state while waiting for trial?
If an emergency requires you to travel out of state, the first step is to contact your attorney. They can help you file a motion with the court, seeking temporary permission to leave the state without jeopardizing your case.
Can you fly with a pending case?
Although you are usually free to travel if you have pending misdemeanor charges, there may be some restrictions. Do you have a prior criminal record? Are you charged with a felony committed at the same time as the misdemeanor charge? If you are facing felony charges, you are likely unable to travel outside the state.
Can you fly to another state with a warrant?
In the United States, both arrest warrants or individuals with arrest warrants are typically unable to fly, as the TSA can access a database of such individuals.
Can you travel to the states with pending charges?
The U.S. often denies travellers entry for both pending criminal charges and past convictions. Even if your charge is eventually dropped or withdrawn (or you are acquitted), the U.S. may also deny you entry if you are dishonest with them about your arrest record or even admit to the crime.
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.
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).
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.
What is considered an open case?
Open case: A case that has one or more issues outstanding that require active resolution by the court. OPN-CPSOpen case in INT/INVWhen an Open case is found involving an OPN-CPS the intake report is merged to the OPN-CPS case and primary responsibility for the report is assigned to the district where the case is open.
Can you travel during a court case?
Whether you can travel while on bail largely depends on the specific conditions set by the court. In some cases, you may be allowed to travel freely within certain boundaries, while in others, you might need explicit permission to leave your home area.
Can I travel within US while my case is pending?
Traveling within the U.S. with a pending Adjustment of Status application is allowed, but be sure to carry proper identification such as your EAD card or a state-issued ID. Starting in May 2025, REAL ID compliance will be required for state IDs and driver's licenses, so check now to ensure your ID is compliant.
Can I travel with dismissed charges?
Recent dismissals require strong documentation and a compelling narrative. For Older Dismissed Charges: If your dismissed charges occurred years ago, time can work in your favor. CBP may be more lenient, particularly if you've demonstrated a clean record since then.
Do pending charges show up in other states?
Most state laws are similar to California's, which means that most employers can expect to see pending charges on background check reports for any level of offense. Whether or not a pending charge will appear in a background check depends on how comprehensive the report is.
How can I find out if I can cross the border?
CBP has established an easy to use traveler compliance check that is available on the I-94 website. Travelers may check their admission status at https://I94.cbp.dhs.gov and clicking on the 'View Compliance' tab. E-mail notifications will come from travelercompliance@cbp.dhs.gov.
Do they run your name at the airport?
If you have an outstanding bench warrant, or an arrest warrant issued by a court, you may be detained or arrested at the airport. It is more common for your name to be checked against various databases when you are traveling internationally.
Can you go out of state with a warrant?
Warrant Validity Across State Lines: Arrest warrants issued in one state are not directly valid in other states, meaning that the authorities in the state with the warrant cannot simply cross state lines and arrest the defendant in another state.
Do ID scanners show warrants?
When law enforcement “runs” your ID, if the officer wants it to, it can reveal wants, warrants and criminal history.
Can you fly with a pending warrant?
The possibility of flying with a warrant depends on various factors. In the US, you can board a plane with an order in place, but airlines can deny you boarding if they suspect you're trying to avoid prosecution or disrupt an investigation. Flying with an outstanding warrant might be challenging.
Do pending cases show up on background checks?
California law permits the inclusion of all pending criminal charges in a background check, so even if you have not been convicted, the mere presence of charges against you might influence an employer's decision.
Can I leave the US with a pending court case?
ANSWER: Yes. But you should be careful not to appear to be running away from your charge. To that end, you should inform the district attorney and the court of your plans, and get written permission from them prior to leaving the US. If they respond that you should not do so, then you should not do so.