Most people are familiar with the sex offender and predatory offender registries that require those convicted of certain offenses to register for a period of time. One collateral consequence that many are not familiar with involves restrictions on international travel for those convicted of certain sex related offenses. This is the result of federal legislation that was signed into law on February 8, 2016 by President Barack Obama.
If you’re a registered sex offender, you should know your state laws regarding your status very well. However, during the summer you may be traveling or on vacation. If you plan to travel out of state, make sure you’re not breaking any state laws by either leaving your current state or staying a few days in another.
Probation and parole are conditional releases, meaning that the judge or the parole board can set restrictions on your traveling, such as requiring that you stay in California. If you need to travel (either inside or outside of the United States), you should check in with your probation officer or the court. It is best to get permission to travel in writing.
Be prepared to provide a reason for your travel and to ask for permission well in advance of your intended departure date. Some acceptable reasons for travel include for business, family-related events or emergencies, and vacations. Keep in mind that whether you can gain approval for your travel will be dependent upon the circumstances of your case. Alternatively, you might be able to seek a modification of your probation to a less restrictive program that would allow you to travel more freely.
The Sex Offender Registration and Notification Act is a federal law requires that registered sex offenders to inform his or her residence jurisdiction of any intended travel outside of the United States at least 21 days prior to that travel.
You must provide information related to your travel itinerary, your contact information in the country to which you will be traveling, and the crime for which you are registered.
Many countries will not accept visitors who have any sort of criminal record regardless of the crime. Other countries will allow persons with certain criminal backgrounds, but not those related to sex crimes. Before choosing your destination, do some research on the country’s visitation policies. Remember that one traveler’s experience may be different from another’s, so be sure to look at multiple accounts before you make your decision.
Once you have chosen a country that will allow you to visit, it is helpful to learn about that country’s local laws. Activities that would be illegal in that country may be legal in the United States, and vice versa. The U.S. State Department has a website that is helpful in learning about potential problems you may encounter once you enter a country.
Some sex offenders experience no issues while traveling internationally until they return to the United States. Often, travelers report that they have been delayed for hours and forced into secondary screening while waiting to get back into the country because of their status.
If you feel you have been treated unfairly, and you are a person who travels frequently, consider filing a complaint with the Department of Homeland Security’s Traveler Redress Inquiry Program to have the government review its information and make sure that you are not erroneously placed on a watch list. It’s also a good idea to carry your attorney’s contact information with you when you travel.v
