When it comes to getting a U.S. passport, people with criminal records, especially felony convictions, often have questions about their eligibility. A felony conviction can have severe implications for many rights and privileges, such as traveling abroad. The question is: Can felons get a passport? While a felony conviction does not automatically disqualify someone from obtaining a passport, there are specific conditions under which it can affect the application process.
Herein, we discuss the consequences a felony conviction has on passports, when a felon stands risk being denied a passport, and some recommendations regarding corrective steps persons holding such records could take.
A) General Passport Eligibility Requirements:
In order to know how a felony conviction would affect the passport application, one has to look at first at the general requirements of getting a U.S. passport. The U.S. Department of State issues passports to U.S. citizens and nationals subject to the following conditions:
1) Proof of U.S. citizenship:
The applicant must demonstrate they are U.S. citizens, most commonly through a birth certificate, naturalization certificate, or previous passport.
2) No outstanding legal issues:
The applicant should not have any legal impediments, including outstanding arrest warrants, child support payments, or certain legal restrictions.
3) Correct application:
The applicant should fill the right passport application form, attach supporting documents, and pay the required fee.
For most people, applying for a passport is an easy process if all the above conditions are fulfilled. For felons, though, the story can be a little different due to legal restrictions that have something to do with their crime history.
B) Felony Convictions and Passport Denial:
Most felons are able to receive a passport, but there are exceptions, depending on the type and level of the conviction along with one’s legal status. Sometimes, the particular criminal or legal restriction regarding your crime or status itself would preclude a felon’s application. The following are common causes of denial of pass travel port application among a felony-convicted group.
1) Oust standing warrants or fines:
If a felon has an outstanding arrest warrant or unpaid court fines associated with their felony conviction, they could be ineligible for a passport. Generally, the U.S. Department of State will review any active warrants or outstanding legal obligations while processing a passport application. If there are outstanding legal issues, especially involving their felony conviction, the passport application will likely be denied.
Another common issue for felons is back child support. If a person has a lot of back child support owed, the U.S. government can refuse to give them a passport, no matter what their criminal history is. Sometimes, an applicant will have to clear up these legal issues before they’ll be approved for a passport.
2) Felons on Parole or Probation:
For felons who are still serving their parole or probation period, there could be travel restrictions that bar them from traveling out of the country. U.S. probation officers or parole officers may impose travel restrictions that could affect the ability of a felon to obtain a passport.
Even when the U.S. Department of State grants a passport, the parole or probation office can place a hold on a person’s travel outside the United States. If you are under parole or probation and would like to travel abroad, you need to obtain permission from your supervising officer. Breaking this condition may lead to extreme consequences.
3) Drug Trafficking Offense Convicted Felons:
Convicted felons may have additional restrictions on their eligibility for a passport, especially those convicted of crimes related to international drug trafficking. International Parental Kidnapping Crime Act may bar international drug trafficking convicted felons from receiving a passport.
In these circumstances, the U.S. Department of State will take into account the seriousness of the offense, whether the conviction involved crossing international borders, and whether the applicant presents a flight risk. The government’s fear is that persons convicted of trafficking drugs or other international crimes might use a passport to leave the country or to engage in other illegal activities abroad.
4) Federal Limitations on Passports for Convicted Felons:
Specific federal laws may prohibit or restrict the right of a convicted felon to travel outside the country. A good example would be the felony offense related to terrorism, money laundering, and other serious criminal activities; it can impose certain restrictions on their eligibility for a passport. Under such circumstances, the U.S. Department of State can reject or even cancel their passport application.
Felons convicted of crimes that directly affect the national security or involve significant criminal organizations might also find it nearly impossible to receive a passport under the circumstances.
C) How to apply for a passport with felony conviction:
While a felony conviction complicates the process of acquiring a passport, it is not a guarantee that you will be denied. Serving your sentence, completing probation or parole, and having any outstanding legal issues resolved makes you eligible for a passport.
If you are a felon and want to apply for a passport, here are some things you can do to help improve your chances:
1) Ensure You’ve Resolved Legal Issues:
Before applying for a passport, make sure all legal issues tied to your felony conviction are resolved. This includes paying any outstanding fines, settling child support arrears, or resolving any warrants or legal holds. The U.S. Department of State will check for these issues during the application process, and failure to resolve them can result in denial.
2) Obtain Permission from Parole or Probation Officers:
If you are on parole or probation, you may need to get permission from your supervising officer before applying for a passport. In fact, international travel might be one violation of your parole or probation, depending on its terms. Communicate with your probation officer and obtain all the approvals needed.
3) Consult an Attorney:
If you have a felony conviction and are unsure of your qualification for a passport, the best thing you can do is consult with an attorney. An attorney can let you know all the legal restrictions tied to your conviction, which will further guide you in the process of applying. They can further help to solve any other legal issues that will be a constraint to you when applying for a passport.
4) Be Truthful with Your Application:
When filling out your passport application, be truthful about your criminal history. Falsifying information or omitting details about your felony conviction can lead to serious legal consequences and may result in the rejection of your application. Honesty is crucial to ensuring that your application is processed properly.
D) What to Do if Your Passport Application Is Denied:
If your passport application is denied because of a felony conviction or any other related legal issues, you are allowed to appeal the decision. The kind of denial may require working with an attorney to rectify the issues, for example, clearing outstanding warrants, paying fines, or permission to travel.
If the restrictions are based on federal law or there is a particular legal prohibition against traveling abroad, then legal counsel will be able to explain what options are available and whether any steps can be taken to have the restrictions lifted.
The Final Words:
To summarize, the answer to the question, can felons get a passport, is yes, but only if the specifics of the felony conviction allow for it. Other potential limitations when criminals or people in need try to apply for passports may also occur if felons haven’t resolved any pending charges or are under parole/probation and or a felon who is convicted for dangerous or serious offenses. Many other felons will simply not face any kind of a problem in receiving or trying for this. If you have a felon conviction and are applying for a passport, get all your legal matters settled and then consult a lawyer if necessary to fill out the application.
