Can you travel outside the US with an open case?

Asked by: Dr. Elliot Kovacek  |  Last update: August 10, 2025
Score: 4.9/5 (30 votes)

You should have your lawyer petition the court for permission to travel. It happens quite often. Depending on YOU, your reason for travel and the charges, it may or may not be granted.

Can I travel internationally with an open case?

You can ask them to monitor the case status closely and seek any necessary court permissions on your behalf for travel outside California, if required. They can also keep you updated on any court appearances or developments in your case.

Can you leave the country with an open court case?

Criminal Lawyer: Angelo M. Esq. If you're considering leaving the country while you have an open case, the answer depends largely on the type of case and any conditions that may have been imposed by the court. For civil cases, generally, there are no restrictions on travel unless specifically ordered by the court.

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 leave the US with a pending felony?

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 I Travel To The United States With A Pending Charge?

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Can you fly if you have a pending felony?

Violating travel restrictions when you have pending felony charges is a serious matter. If you do not appear for any criminal proceedings because you left the state, the court may issue a bench warrant for your arrest. The judge will likely take further action against any defendant violating travel restrictions.

Can you leave the US with a felony 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. However, rules may differ in other countries, like Canada, where flying with it might be possible.

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 travel if you have a pending case?

Unless there are conditions of your release, that do not allow you to travel, it is at your discretion but you always want to confirm, with your attorney. As long as you return, prior to the court date there should be no issue but with felony cases it is always best to get permission, if there is concern.

Do airports know if you're on bail?

Airport security can access the Passenger Name Record, which might include additional information flagged by law enforcement agencies, especially if the person's bail conditions include travel restrictions.

Can you go to Canada with an open case?

Any person that has been charged with a minor crime in the United States but has not yet been convicted can gain entry to Canada with the help of a legal opinion letter.

What crimes prevent international travel?

In general it is very difficult, if not impossible, to travel to any country if you have a record of convictions for violent or sexual crimes, repeated convictions for felonies, or a recent conviction for a serious crime.

Can you leave the country with a court case?

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. That County's Customs and Immigration Laws will determine if you are able to safely enter.

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.

Can I travel if I have 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 I travel with a dismissed case?

Understanding Dismissed Criminal Charges and Their Impact

While this is certainly a positive outcome in the legal process, these charges don't just disappear. They can still appear in background checks, and U.S. Customs and Border Protection (CBP) will review them when determining your eligibility for Global Entry.

Can I travel outside US while I 130 is pending?

If you want to travel abroad while a concurrent I-130/I-485 application is being processed, you must have an approved advance parole to do so. Otherwise, you run the risk of the I-485 application being abandoned and denied.

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.

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 long can a custody case stay open?

It's hard to answer how long a custody dispute can take since many factors play into the process. Some cases wrap up in weeks, while others drag out for years – and that variance makes it impossible to average those two outcomes accurately.

Do airports check for warrants on international flights?

While domestic travelers may not be subject to routine warrant checks, international air travel often involves more stringent checks. If it is detected, the person with misdemeanor warrant may face legal consequences, including fines or potential arrest.

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 fly if you have a felony?

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).