How Felony Convictions Impact Passport Applications

International travel can be a life-changing experience, offering new perspectives, cultural exposure, and opportunities for personal growth. For individuals with a felony conviction, however, obtaining a passport is uncertain. A frequent question is: Can a felon get a passport? The answer is not a simple one, as it depends on several factors, including the nature of the felony, legal restrictions, and current probation or parole status. This article delves into how felony convictions affect passport applications, addressing the rules, exceptions, and rights of individuals seeking to travel abroad.

A) Understanding What a Passport Is and Isn’t:

A passport is a government-issued document that certifies the identity and nationality of its holder, mainly for international travel purposes. It allows entry into foreign countries and guarantees re-entry to the issuing country. However, having a passport doesn't guarantee travel freedom. Countries have their own entry requirements, which may restrict individuals with criminal records from entering.

For felons, this is an important distinction to understand. It may be possible to get a passport, but travel to other countries might not be possible.

B) Can a Felon Get a Passport? General Eligibility:

Most of the time, a felony conviction does not automatically bar a person from receiving a passport. The U.S. Department of State, which issues passports, usually does not deny applications based on a felony record. However, there are huge exceptions and certain circumstances where restrictions do apply.

C) Legal Restrictions That Bar Felons from Getting a Passport:

1) Active Criminal Cases or Arrest Warrants:

Those with active criminal cases, arrest warrants, or investigations are not allowed to apply for a passport. The case has to be cleared before applying.

2) Court-Ordered Restrictions:

Some felonies have travel restrictions as part of probation or parole. In such cases, the individual cannot travel out of the country and, therefore, cannot use a passport even if they have one.

3) Convictions Related to International Crimes:

Felony convictions involving international drug trafficking are a major reason for ineligibility for a passport. Under federal law, a conviction for a drug trafficking offense can permanently bar an individual from obtaining a passport.

4) Child Support Arrears:

Although unrelated to felony convictions, owing more than $2,500 in unpaid child support will result in a denial of a passport application.

5) Probation or Parole Restrictions:

If a felon is on probation or parole, they may face restrictions on leaving the country, making a passport unnecessary during that period. Court approval may be required to travel internationally.

C) Steps for Felons Applying for a Passport:

For those eligible to apply, the process of obtaining a passport is the same as for anyone else. Here's a step-by-step guide:

1) Fill in Application Form (DS-11): 

Fill out form DS-11 if applying for a passport for the first time or renewing an expired passport that was issued more than 15 years ago.

2) Identification and Documentation:

Provide proof of citizenship such as a birth certificate or naturalization certificate. Provide a valid photo ID. Felons ensure all personal information is correct and current.

3) Pay the Application Fee:

Passport fees range from $130 for a standard passport book to additional costs for expedited processing. Fees are non-refundable, even if the application is denied.

4) Submit the Application:

Submit the completed application at an authorized passport acceptance facility, such as a post office or designated government office.

5) Check for Possible Denials:

If criminal problems exist which could result in a denial, talk to an attorney or obtain a ruling from the U.S. Department of State prior to your application.

D) Traveling Overseas with a Felony Conviction:

A felon traveling with a valid passport may also encounter restrictions at destination countries. Many countries require a visa and screen for criminal convictions at the time of application. Some countries policies toward criminals visiting their country:

1) Canada:

Canada has strict entry requirements for individuals with felony convictions, particularly for crimes involving violence or impaired driving. However, rehabilitation programs or temporary resident permits may allow entry.

2) United Kingdom:

The UK evaluates visa applicants based on the severity and recency of the offense. A single conviction may not automatically bar entry, but serious or recent offenses could result in denial.

3) Australia:

Australia's application for a visa contains a character assessment. Those with significant criminal offenses (such as those serving more than 12 months in prison) are usually barred from visiting.

4) European Union Countries:

The Schengen Area usually requires a visa-free visit for short-term stays by American citizens. However, background checks for long-term visas or work visas may disclose felony convictions.

E) Felons Trying to Re-Gain Passport Privileges:

In cases of felony conviction resulting in passport ineligibility, restoration can be made by following one or more of the following:

1) Completions of Sentences and Probation:

After all conditions of probation, parole, or other court-ordered restrictions are completed, a person's eligibility for obtaining a passport is also restored. In this regard, a letter or document showing clearance from court should be requested and obtained for proving that the legal obligations are over.

2) Expungement or Pardons:

Some crimes, even those that are considered felonies, can be expunged or pardoned in some jurisdictions, thereby removing them from a person's record. Even though this doesn't guarantee automatic eligibility for passports, it certainly removes obstacles and improves the chances of getting travel documents.

3) Seeking Legal Help:

Felons whose passports are denied or are uncertain of their eligibility status should seek help from an attorney who specializes in immigration or criminal law. The attorney can define rights and offer solutions based on the specific circumstances.

F) Exceptions for Humanitarian or Emergency Travel:

In some circumstances, felons are allowed to have a passport. For example, if someone has a serious humanitarian cause such as a family emergency overseas, he or she can apply for a temporary passport or special permission. Such applications are evaluated case by case and involve significant documentation to prove the cause for the request.

G) Myths Surrounding Felons and Passports:

Several myths surround the issue of felons getting passports. Let's debunk a few:

1) Myth 1:

All Felons Are Permanently Banned from Getting a PassportReality:

Most felons can apply for and obtain a passport, provided no specific legal restrictions apply.

2) Myth 2:

A Passport Guarantees Unrestricted TravelReality:

While a passport facilitates international travel, each country sets its own entry requirements, which may exclude individuals with certain convictions.

3) Myth 3:

A Felony Record Automatically Leads to DenialReality:

The U.S. Department of State considers only specific convictions, such as international drug trafficking, as automatic disqualifiers.

H) Key Takeaways:

Eligibility Varies: Felony convictions do not automatically disqualify someone from obtaining a passport, but specific legal restrictions may apply.

1) Country-Specific Rules:

Traveling abroad with a felony record requires understanding the entry requirements of the destination country.

2) Legal Guidance Helps:

Seeking legal advice can clarify eligibility and assist in overcoming barriers to obtaining a passport.

3) Plan Ahead:

Felons should address any potential legal or logistical issues well in advance of international travel plans.

The Final Words:

So, can a felon get a passport? The answer depends on various factors, including the nature of the felony, current legal obligations, and any court-imposed restrictions. While many felons retain the right to apply for a passport, international travel usually requires more preparation and knowledge about the regulations in other countries. With knowledge of the rules, satisfaction of legal obligations, and seeking professional advice, individuals with felony convictions can navigate the complexities of a passport application and potentially travel abroad.