If you’ve committed a felony, you might wonder: Can you get a passport with a felony? This concern is common for convicted felons who wish to travel outside the U.S. The answer depends on several factors, including your criminal background, the type of felony you committed, and your current legal status. Whether you’re planning a vacation, business trip, or relocation, it’s essential to understand the rules surrounding felonies and passport eligibility. This article explains everything you need to know about obtaining a U.S. passport as a convicted felon.
What Is a Felony?
Before we explore whether you can get a passport with a felony, it’s essential to understand it. A felony is a serious crime under U.S. federal law, which can lead to lengthy prison sentences and significant penalties. Common examples include drug trafficking, severe violent offenses, and fraud. These felony offenses can have long-term consequences, affecting various aspects of life, including the ability to travel internationally.
Can You Get a Passport with a Felony? The General Rule
In most cases, “yes,” is the answer to whether you can get a passport with a felony. Most convicted felons in the U.S. can obtain a passport after completing their sentencing. If you are a legal citizen, you are generally allowed to apply for a U.S. passport. However, it’s important to remember that having a U.S. passport doesn’t automatically mean you can travel to every country, as some may restrict entry to felons.
Exceptions: When a Felony Can Prevent You from Getting a Passport
While the general rule says most charged and accused felons can get a passport, there are notable exceptions where felons might be denied. Here are specific circumstances where the U.S. government may reject a passport application:
1. Active Criminal Proceedings or Warrants
You cannot get a passport if you are involved in an ongoing criminal offense case or have arrest warrants. This applies to both misdemeanor warrants and more severe felony warrants. Federal laws prevent individuals with outstanding charges from acquiring a passport until the case is resolved.
2. Probation, Parole, or Outstanding Felony Case
If you are currently on parole, probation, or involved in an ongoing felony case, you may face restrictions on travel. In such situations, permission from law enforcement agencies or courts is necessary. Your probationary period may affect whether you can apply for a passport or leave the country.
3. Drug Trafficking and International Felony Offenses
Felony drug offenses, especially those involving international trafficking, can disqualify you from obtaining a passport. U.S. federal laws prohibit felons convicted of these serious crimes from international travel. Felony charges related to drug trafficking are considered serious felony travel offenses and could lead to denial of passport applications.
4. Child Support Debt
Though this isn’t a felony-related issue, owing over $2,500 in child support can prevent you from getting a passport. The law is strict on this matter, and you won’t be able to travel abroad until the debt is cleared.
Also Read: Can You Get a Passport with a Felony? Discover the Facts
What Happens If You Apply for a Passport with a Felony?
If you apply for a passport with a felony record, one of two things can happen. You might receive your valid passport or get a denial letter from the U.S. Department of State explaining the reasons for the denial, such as active warrants or parole violations. Felony convictions don’t automatically disqualify you from passport acquisitions unless your legal condition falls under the exceptions outlined by federal law.
Can You Travel with a Felony?
Even if you can get a passport with a felony, traveling to certain countries may not be straightforward. Some countries, like Canada and Australia, have strict immigration rules that may prevent felons from entering. Immigration authorities in these countries often require additional documentation, like criminal background checks or temporary resident permits, to allow felons into their territories.
Countries That Restrict Entry for Felons
Countries like Canada, New Zealand, and the U.K. have laws that restrict entry to individuals with a profound felony conviction. If you plan to visit these countries, you should apply for a special visa or waiver. Always check the specific immigration rules of the country you plan to visit, as laws vary.
Improving Your Chances of International Travel
If you have a felony conviction but want to travel, there are steps you can take to improve your chances. Some countries offer temporary resident permits or waivers for felons. An immigration lawyer can help you navigate these legal pathways and increase your chances of getting approval to travel.
Can Your Passport Be Revoked After Being Issued?
Yes, in some cases, the U.S. government can revoke your passport after it’s been issued. Here are a few reasons why your passport may be taken away:
1. Drug Trafficking-Related Felony Conviction
As discussed earlier, felony drug offenses, particularly those involving international trafficking, are grounds for revoking a passport. This is a federal crime, and U.S. federal law strictly regulates felons involved in drug-related activities.
2. National Security Threat or Serious Crimes
Your passport can be revoked if you are considered a national security threat. Severe cases such as terrorism, espionage, or other flagitious offenses can result in losing travel privileges.
3. Federal Warrants or Parole Violations
If you have an outstanding federal warrant or violate the terms of your parole, your passport may be revoked. Law enforcement agencies monitor felons subject to arrest warrants, and your passport could be taken away if you’re found violating U.S. laws. Click here read more about Travel.
Steps to Apply for a Passport with a Felony
If you are a convicted felon eligible for a passport, here’s how to apply:
- Gather Citizenship Evidence: Collect documents like a birth certificate or other proof of U.S. citizenship.
- Complete the Passport Application Process: Fill out Form DS-11 and ensure all questions are answered accurately. This form is available at any passport office.
- Submit Passport Photos: Ensure you include current passport photos in your application.
- Pay the Fees: Include the necessary passport application fees. If you need expedited services, it may cost extra.
- Wait for Processing: Processing usually takes 4-6 weeks, but you can request faster processing if needed.