If you’re planning a trip with a record hanging over your head, you might be feeling anxious and wondering can you fly if you have a felony?
So many misconceptions surround this topic! Let’s clear those up so you can book your journey with confidence.
We’ll explain what information the TSA has access to, and how parole, probation, outstanding warrants, and the No-Fly List might affect your travel plans.
Can You Fly If You Have A Felony in 2024?
Can felons fly on planes? Short answer: Yes. Having a felony doesn’t automatically result in losing your right to board a plane for domestic or international travel. But there are a few specific situations that could leave you grounded:
- Being on the No Fly List
- Parole or probation conditions that prohibit travel
- Having an outstanding warrant
The TSA and Criminal Background Information
The Transportation Security Administration (TSA) is responsible for the safety and security of air travel in the United States.
The TSA’s primary concern is making sure passengers and their belongings don’t pose a threat to the safety of the flight. But does the TSA know about your felony conviction?
TSA Screening Process
The TSA’s screening process involves verifying your identity, scanning your luggage, and making sure you don’t carry prohibited items onto the plane.
While the TSA carries out identity checks as part of its Secure Flight Program, these checks are focused on finding individuals who pose security risks, such as those on the No Fly List. They don’t run a criminal background check before clearing you to board your flight.
Felons And The No-Fly List
A big concern for anyone with a felony record is whether they might end up on the No Fly List.
Maintained by the Terrorist Screening Center (TSC), the No-Fly List includes individuals who are prohibited from boarding commercial aircraft for flights within the United States and flights into or out of the country.
Airlines send passenger lists to the TSA for screening. If your name is flagged on the No Fly List, you will be subject to further scrutiny and security measures or denied boarding depending on your status on the list.
Are Felons Automatically On The No Fly List?
Having a felony conviction doesn’t result in automatic inclusion on the No Fly List.
The No Fly List is for individuals considered a potential threat to national security, and typically includes people suspected of terrorism or related activities.
Even so, certain felonies, especially those involving explosives or threats to aviation safety, could increase the likelihood of being added to the list.
Can You Check If You’re On The No-Fly List Before You Travel?
Unfortunately, there’s no way to check if you’re on the No Fly list before you travel.
If you’re denied boarding, you have the right to submit an inquiry to the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP). DHS TRIP will then send you a letter confirming your status.
If you believe you’ve been mistakenly placed on the list, you can submit extra information to challenge your No Fly List status. The government will review your submission and notify you of the outcome.
Parole and Probation Flight Restrictions For Felons
Can you fly with a felony charge if you’re still on parole or probation? Maybe. Parole and probation often come with conditions that include limitations on where you can go, and whether you need permission to travel.
The same is true for bail conditions. If you’ve been charged with a felony and released on bail, your bail conditions will generally restrict your movements. To leave the jurisdiction of the court, you’ll need permission from both the court and your bail bond agent.
Domestic Travel
For domestic travel (travel within the United States) most parole or probation conditions require you to notify your parole or probation officer and receive approval before you leave your county or state.
Failure to obtain approval is a violation of supervision conditions and can result in serious consequences, including having your parole or probation revoked.
International Travel
International travel is even more complicated. Often, felons on parole or probation are not allowed to leave the country without explicit permission from the court or parole board.
The application process can be lengthy and approval is by no means guaranteed, particularly if your offense is considered serious or if there’s a perceived flight risk.
What Happens If You Violate Travel Restrictions?
Traveling without the proper permissions while on parole or probation can lead to arrest, revocation of parole or probation, and additional charges that could result in a longer prison sentence.
See Also: Can You Fly With A Misdemeanor Warrant?
Can A Felon Fly On A Plane With An Outstanding Arrest Warrant?
Yes, you can fly on a plane with an outstanding warrant, but you risk arrest at the airport. The risk of arrest is much higher if you’re taking an international flight.
Extraditable and Non-Extraditable Warrants
Some felony arrest warrants are only enforceable in the state they were issued. These are known as non-extraditable arrest warrants.
If that’s the case with your arrest warrant, flying from an airport in a different state won’t put you at risk of being arrested.
While you may be detained while the warrant details are confirmed, you will be released, although you could miss your flight.
Other arrest warrants are extradictable warrants. These warrants allow you to be arrested anywhere, held in custody, and transported back to the state that issued the warrant.
Felony arrest warrants are more likely to be extradictable, but it depends on the offense. It’s sensible to find out which type of felony warrant you have.
- Full extradition
- Limited extradition (from specified states)
- Extradition from bordering states only
- No extradition
International and Domestic Flights
For international flights, airlines must share passenger lists with U.S. Customs and Border Protection. These passenger name records (PNR) are screened for outstanding warrants and law enforcement is alerted if a felony warrant pops up.
With domestic flights, the risk of arrest is lower because passenger lists aren’t screened for warrants.
However, you could still face arrest if you come into contact with police officers at the airport. If you’re stopped for suspicious behavior, an altercation or dispute, or because you’re carrying prohibited items, law enforcement will likely run your name and discover your warrant.
So Can Felons Fly?
You shouldn’t face any issues boarding a plane once your sentence is complete. Just make sure you’ve obtained immigration clearance before you travel. Some countries like Canada, Australia, and the United Kingdom restrict entry to felons.
If you’re still on probation or parole and your conditions restrict travel, you must get permission from your parole officer or the court before you make your trip.
Felons with an outstanding arrest warrant may be able to fly domestically without detection, but booking an international flight will alert law enforcement, meaning arrest at the airport is likely on your departure or return.