Obtaining a passport is essential for international travel, and for most U.S. citizens, it’s a straightforward process. However, for individuals with a criminal record, particularly those convicted of felonies, the situation becomes more complicated. While not all felonies automatically disqualify a person from getting a passport, certain crimes can result in restrictions or even a complete ban on passport issuance.
In this article, we will explore the relationship between felonies and passport eligibility, identifying which felonies disqualify individuals from obtaining a U.S. passport. We will also cover exceptions, the process of applying for a passport with a felony conviction, and answer some frequently asked questions about this topic.
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What Felonies Can Disqualify You From Getting A Passport?
Several criminal convictions can affect an individual’s ability to obtain a passport, particularly those involving international travel restrictions, federal offenses, or other serious crimes. Below are the main categories of felonies that can disqualify you from getting a passport:
Felony Convictions Related to Drug Trafficking
One of the most common felonies that can affect passport eligibility is a conviction for drug trafficking. Under U.S. law, individuals convicted of trafficking illegal drugs are often barred from receiving a passport. This is particularly true if the conviction was federal in nature or involved international trafficking.
If you were convicted of drug trafficking involving foreign countries or if you are under federal parole for such an offense, the U.S. Department of State may deny your passport application. However, convictions for drug possession without trafficking intent generally do not affect passport eligibility.
Child Support and Court-Ordered Financial Obligations
While this may not seem like a typical felony, individuals who owe significant child support or other court-ordered financial obligations may be at risk of passport denial. According to the U.S. Department of State, if you owe over $2,500 in child support or arrears, your passport application could be denied or your passport revoked. This is done to ensure that individuals are fulfilling their financial responsibilities before they are allowed to travel internationally.
Felonies Involving Violations of U.S. Immigration Laws
Anyone convicted of violating U.S. immigration laws, particularly crimes that involve fraud or illegal entry, could face restrictions on passport issuance. This includes individuals who are involved in crimes like human trafficking, smuggling, or attempting to fraudulently obtain U.S. citizenship or immigration status.
In cases involving immigration fraud or severe violations of immigration law, individuals may not only face a denial of a passport but could also be subject to deportation or other immigration penalties.
Felony Convictions for Terrorism-Related Offenses
If you have been convicted of a terrorism-related felony, you will likely be ineligible for a passport. The U.S. government has strict measures in place to prevent individuals involved in terrorist activities from traveling internationally, as they may pose a risk to national security.
Terrorism convictions may include offenses such as providing support to a terrorist organization, engaging in acts of terrorism, or plotting an attack against the U.S. or other nations. People with such convictions are typically barred from obtaining a U.S. passport.
Felony Convictions for Federal Income Tax Evasion or Fraud
Another category of felonies that can disqualify individuals from receiving a passport involves federal tax crimes, such as tax evasion or tax fraud. If you are convicted of a felony related to income tax fraud, especially on a large scale or with international implications, you may face a passport restriction.
Felonies Related to Sex Offenses
Felony convictions related to sex offenses can also prevent you from obtaining a passport, particularly if the crime involves minors or was committed internationally. Certain sex offenders may be restricted from traveling to specific countries or may face passport revocation to prevent them from engaging in illicit activity abroad.
The laws in place for sex offenders who want to travel internationally can vary depending on the severity of the crime, and certain convicted sex offenders may face further restrictions to prevent them from entering countries with stricter laws regarding sex crimes.
Can You Get A Passport With A Felony Conviction?
In most cases, felony convictions alone do not automatically disqualify someone from obtaining a passport. However, the circumstances surrounding the conviction and the nature of the crime are critical factors in the decision-making process.
Non-Federal Convictions
If your felony conviction is non-federal, it is unlikely to prevent you from obtaining a passport. For example, if you were convicted of a felony under state law and there are no outstanding legal issues or warrants, you may still be able to obtain a passport. However, you must not be under any court order that restricts international travel.
Probation and Parole
If you are serving probation or parole for a felony conviction, this may impact your ability to get a passport. In some cases, individuals on probation or parole may be restricted from traveling abroad without prior approval from their probation officer or the court.
Outstanding Warrants or Fines
Having an outstanding arrest warrant or unpaid fines can also disqualify you from getting a passport. It is essential to resolve any pending legal issues before applying for a passport to avoid potential complications in the application process.
How To Apply For A Passport If You Have A Felony Conviction
If you have a felony conviction, obtaining a passport is still possible, but you may need to take additional steps to ensure that you meet all eligibility criteria. Here is a step-by-step guide on how to apply for a passport with a felony conviction:
Step 1: Check for Any Legal Restrictions
Before you apply, you should determine if there are any legal restrictions placed on your travel. This can include parole conditions, outstanding legal issues, or unpaid fines. You can contact the court that sentenced you or your probation officer to confirm whether there are any restrictions that could affect your passport application.
Step 2: Ensure You Are Not Owing Child Support or Other Court-Ordered Payments
If you owe over $2,500 in child support or other court-ordered payments, you must resolve these financial obligations before you can obtain a passport. The U.S. Department of State will not issue a passport to anyone with significant overdue child support.
Step 3: Complete Your Passport Application
Once you have confirmed that there are no legal restrictions on your travel, you can proceed with completing the passport application form (DS-11 for first-time applicants or DS-82 for renewals). You will need to provide your criminal history as part of the application process if requested.
Step 4: Submit Your Application and Await Approval
After submitting your passport application, it will be reviewed by the U.S. Department of State. If there are no issues with your criminal record or legal standing, your application should be approved. If there are concerns or restrictions, you may need to attend a hearing or provide additional documentation to address these issues.
What Happens If Your Passport Is Denied?
If your passport application is denied due to a felony conviction, you will receive a notification outlining the reasons for the denial. You may be given the opportunity to address the issue, such as resolving outstanding child support payments or providing evidence that your parole has been completed.
In some cases, if your passport was previously revoked due to a felony conviction, you can apply for a passport renewal once you have met all the necessary requirements. However, if the denial was based on national security concerns, such as terrorism-related offenses, it is unlikely that you will be able to obtain a passport in the future.
Conclusion
While having a felony conviction can complicate your ability to obtain a U.S. passport, it is not an automatic disqualification in all cases. The type of felony, its relation to international travel or national security, and whether there are any outstanding legal obligations are all factors that determine your passport eligibility. If you are unsure whether your felony will affect your passport application, it’s wise to consult with an attorney or the U.S. Department of State for further guidance.
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FAQs
What is a felony?
A felony is a serious crime that is typically punishable by imprisonment for more than one year or by death. Felonies include crimes such as drug trafficking, armed robbery, and murder.
Can a convicted felon get a passport?
Yes, a convicted felon can get a passport, but it depends on the nature of the felony and any restrictions placed on their travel. Felonies like child support violations, drug trafficking, or terrorism offenses can result in passport restrictions.
Do unpaid child support payments affect passport eligibility?
Yes, if you owe more than $2,500 in child support, the U.S. Department of State may deny your passport application until the arrears are paid.
Can I travel internationally if I have a felony conviction?
It depends on the nature of your conviction. Some felony convictions, such as those related to terrorism or drug trafficking, can prevent you from traveling internationally.
Can I apply for a passport while on probation or parole?
You can apply for a passport while on probation or parole, but you may need permission from your probation officer or the court if there are travel restrictions in place.
