Ahh, Mexico, our southern neighbor with warm weather, affordable prices, and nearly 6,000 miles of coastline. And who can forget the cuisine? Anyone who has eaten “authentic” Mexican food knows this country can cook! Of course, if you intend to stay at one of the mega-resorts, your dollars won’t stretch that far, but if a traveler knows where to go, then they will absolutely save money vacationing (or residing) in Mexico. So the question we need to look at is, can a felon travel to Mexico?

Crimes That Prevent a Felon From Travel to Mexico

No reason to tease you…YES, a felon can travel to Mexico! Sometimes.

We know that international travel can be a burden for felons, in some cases. Not all other nations are willing to allow entry for someone who has committed specific crimes, and a criminal background check can curb one’s vacation plans in a hurry. Canada, our northern neighbor, does indeed deny entry on the grounds of criminal inadmissibility.

Mexico may not be as strict some countries when it comes to crossing the border, but that doesn’t mean they’ll let anyone in. They do allow some felons to enter, and they are a bit more relaxed than Canada and the U.S., for that matter.

Again, it depends on the severity of the crime. If a felon was convicted of any of the following, serious crimes, they will probably not be allowed entry to Mexico:

• Human Trafficking
• Sex Offenses
• Murder
• Terrorism
• Aggravated Robbery
• Arms Smuggling

The above list is not all-inclusive and, as a general guideline, it is common sense to understand that the more severe the crime, the worse the odds for entry into Mexico.

The Mexican Immigration authorities will also consider crimes such as extortion, tax evasion, piracy, drug-related crimes, and naturally any crimes related to the exploitation of children. This list is not exhaustive, but we’ve got a fuller list below…

Minor offenses, by contrast, are usually overlooked, though. Mexico’s economy benefits from the influx of tourists from the U.S., and so it behooves them to allow in as many persons as possible while still screening to keep out persons who they deem potentially dangerous to their citizens, or persons who appear to present a greater than average propensity towards criminal activity.

In other words, they want to let in as many folks as they can, but they consider that some folks aren’t worth the risk. In fact, the murder rates in Mexico reached record highs last year.

It is a nation struggling with mounting crime statistics as it is, so they feel no need to exacerbate the problem.

What About DUI’s?

No country wants to let in someone with a conviction for drunk driving. Laws do change, and Mexico is no exception to that. Currently, if a traveler has a misdemeanor DUI on record, they can probably still get in, but a felony DUI will likely be a disqualifier.

It’s up to the immigration officials, so there’s no blanket policy that affects every situation. Mexico denies entry for “serious crimes,” and there is room for interpretation. Certain public blogs and discussion forums describe personal experiences, and experiences vary.

What About Parole and Probation?

You can probably guess the answer. Any felon still serving time on parole or probation, or anyone with an outstanding warrant will almost certainly be denied entry into Mexico…or exit from the U.S. for that matter.

Being on probation or parole limits one’s freedom of movement, and there are usually provisions requiring the person to check in with an officer periodically. Were someone in this situation to slip across the border into Mexico, they might never be found again. Thus, parole and probations officers keep tabs on the felons under their purview so that those tempted to flee will face a hard time doing so. Mexico isn’t going to enable such persons.

What About Pending Cases?

Nope. Felons desiring to travel to Mexico must also understand that the authorities are highly unlikely to allow entry if there’s any pending case involving a serious charge. The Mexican government maintains a strong working relationship with U.S. agencies to ensure that no one enters who isn’t authorized to. They do take each request for entry on a case-by-case basis, but naturally if the U.S. doesn’t want one of our citizens to leave our territory, then Mexico is likely to cooperate and to not allow that citizen entry.

What About the No Fly List?

America keeps a multimillion dollar “No Fly List,” which is “a list created and maintained by the United States federal government’s Terrorist Screening Center (TSC) of people who are prohibited from boarding commercial aircraft for travel within, into, or out of the United States.”

Persons on the No Fly List may not even know they are on it, and there have been many high profile examples of young children being barred from flights due to having the same name as someone on the list. But as the name implies, if you are listed, you aren’t going anywhere.

It is conceivable, but doubtful in this age of airport security, that a person unauthorized to fly might somehow slip through. But then this person could expect to be caught on the other side by immigration officials, in which case that person would be either detained or promptly returned home on the next flight. Thus if one suspects they are definitely not allowed to leave the country, it isn’t worth attempting to do so.

What About Expungement?

Clearly, having a criminal past doesn’t affect a person’s desire to travel. In fact it might increase that desire. Some felons just want to get away for a while, see the world, or maybe even live abroad for a few years. But the reality is that not all of them will have the chance to do so.

Having a conviction on one’s record is something that never goes away. But in some cases, a felon is able to apply to have their record expunged and, if successful, the expungement would certainly smooth the path for travel to other countries.

If expungement is an option for a felon, they should absolutely look into the process and give it their best shot if it appears that they might qualify. We even have an article explaining the expungement process!

An investment into hiring an attorney would be advisable in this case, because someone who understands how the laws and the system work can increase the odds of a positive outcome. But expungement is usually the exception, not the rule.

How Will They Know?

Mexican and U.S. law enforcement agencies share information about travelers. Our criminal database may also be accessed via INTERPOL. Thus if a traveler’s information is flagged in one system, that flag will be raised for other governments to see. And of course, as a person enters a country, their passport is scanned, and any relevant will National Crime Information Center (NCIC) will pop up, alerting the immigration official.

Check the Websites

We should also take a look at the State Department website, which offers up-to-date information to travelers. It isn’t ultra specific, but does cite that persons with prior criminal convictions “should be aware that Mexican law permits immigration authorities to deny foreigners entry into Mexico if they have been charged or convicted of a serious crime in Mexico or elsewhere.”

Okay, so the State Department was pretty vague this time. But the Mexican Embassy clarifies with this:

“Immigration authorities may decide to refuse the request to enter the country if the applicant is subject to criminal process or has been convicted of a serious crime as defined by national laws on criminal matters or provisions in international treaties or conventions that the Mexican State is party to, or if the applicant’s background in Mexico or abroad could compromise national or public security, in accordance with Article 43 of the Migration Law.”

They go on to state more specifics:

“According to Article 194 of the Federal Code on Criminal Proceedings, serious crimes include all crimes that have a significant, negative effect on the fundamental values of society.”

Their breakdown of serious crimes include:

“manslaughter; terrorism and international terrorism; sabotage; piracy; genocide; prison break; attacks on public thoroughfares; drug-related crimes; corruption of minors; child pornography; exploitation of minors; falsifying and counterfeit of currency; rape; highway robbery; trafficking in minors; trafficking in undocumented persons; aggravated robbery; vehicular theft; extortion; crimes against the environment, committed with intent; forced disappearance of persons; bearing arms reserved for the exclusive use of the Army, Navy or Air Force; smuggling into the country firearms not reserved for the exclusive use of the Army, Navy or Air Force; smuggling and comparable crimes, and; tax fraud and comparable crimes.”

A few more points on “can a felon travel to Mexico”

As the above list shows, Mexico doesn’t tolerate admittance of serious criminal offenders. But for those charged with lesser felony crimes, entering Mexico shouldn’t be too much trouble. Stay flexible and feel free to contact an immigration official in advance if you have further questions. It never hurts to ask them about updates to their policies. We hope this answers the question can a felon travel to Mexico.