Can a Felon Get a Passport? Felony Passport Guide [2023]

Passport for Convicted Felon

If you have plans to travel overseas, you should apply for a passport way ahead of your trip. One reason to do so would be if you encounter problems, you can delay your trip plans until you can get a passport. For most people without a criminal record, the process can be flawless. However, for those who are convicted felons, the process can be complicated. Nevertheless, a convicted felon can still get a passport.

Highlights

  • Yes, according to a study by the US Federal Bureau of Investigation, most felons who are charged or accused are eligible to obtain a passport without facing any repercussions.
  • Ex-felons can restore their reputations through felony rehabilitation. The US, Canada, the UK, and Australia can issue felonies with a passport for business and leisure once they have completed their rehabilitation program.

Can a Felon Get a U.S. Passport?

According to a study by the US Federal Bureau of Investigation, most felons who are charged or accused are eligible to obtain a passport without facing any repercussions. While some countries will deny entry to anyone with a felony conviction, many countries are more lenient. In general, felons will need to obtain a waiver from the country they’re planning to visit before they can be issued a passport.

The waiver process can be time-consuming and expensive, but it’s often worth it for the chance to travel abroad. So, if you’re wondering, “Can a felon get a passport?” the answer is yes – but it may take some extra effort.

Which Countries Do Not Accept Felons?

In certain nations, felonies are considered serious offenses and, therefore have different laws regulating those who commit them. It is important to be aware of the criminal policies in any country you plan to visit or move to before making this decision.

  • Canada
  • Cuba
  • United States
  • Argentina
  • Australia
  • Austria
  • Germany
  • United Kingdom
  • China
  • India
  • Iran
  • Saudi Arabia
  • Israel
  • Japan
  • Kenya
  • Macau
  • New Zealand
  • South Africa
  • Taiwan

What Disqualifies You From Getting a Passport?

Being convicted of a crime can have serious repercussions. One is getting a passport. This type of offense can make you ineligible to get a passport. Here are some reasons that will prevent you from getting your traveling documents.

  • Felony drug convictions (International drug trafficking.)
  • Certain other drug convictions (Distribution of controlled substances)
  • Child support cases (Owing more than $2500.00 US)
  • Unpaid Federal taxes or loans
  • Being a minor who does not have parental consent to obtain a passport

Felony Drug Conviction

Under federal law 22 U.S.C. 2714, the U.S. government will not issue a passport to anyone if convicted of a felony or federal or state drug offense while using a passport or crossing international boundaries during the commission of that crime. They would also revoke any existing passport in these cases. This disqualification is in effect throughout your imprisonment in jail, stay in a halfway house, or parole.

Other Drug Convictions

If you are a convicted felon because of dealing with or distributing any controlled substances, your chance of getting a passport can be slim or nonexistent. The law about this type of conviction is kinder murky.

Nonetheless, it may prevent you from traveling abroad if you are denied a passport.

The US Secretary of State may disqualify you if you have a conviction of a misdemeanor state or federal drug charges, except in cases of misdemeanor drug charges that involve only a first-offense possession of a controlled substance. Only the Secretary of State can grant exceptions in humanitarian circumstances.

Child Support Cases

If you have unpaid child support arrears over $ 5,000, you will not be allowed to get a passport. Before you apply, please make arrangements to pay it in its entirety or set up a payment plan. Once you can do either, the US Department of Health and Human Services can only remove your name from a list of outstanding arrears. An updated copy of the record is frequently sent to the US Department of State to verify who owes child support.

Unpaid Federal Taxes or Loans

Anyone who works legally in the US should be paying taxes to the government. If you fail to file your taxes and, worst, owe the Federal and State, you cannot get a passport. Also, if at some point you borrowed Federal loans to pay for your education and did not repay them back you are likely to be denied getting a passport.

To remove the denial, you must repay any outstanding balances to the IRS or loan providers by either setting up a payment plan or paying it off.

Minors

A minor under the age of 16 years cannot get a passport without the consent of both parents and guardians. A passport application requires both parent’s and guardians’ signatures and supporting documents before getting approval. The application will be denied if these documents are not part of the application.

Getting a Passport for a Convicted Felon

A first-time applicant must complete Form DS-11: Application for a U.S. Passport online or in person at a Passport Agency or Passport Acceptance Facility. This form is used if you have a passport that expired more than five years ago. To renew an expired passport less than 15 years old, complete Form DS-82. For a lost or stolen passport, complete Form DS-64. Be as honest as you can. Fill out the form entirely to avoid delays.

You must provide proof of citizenship, which can be a certified copy of your birth certificate, a previous passport, a naturalization certificate, a certificate of citizenship, or a consular report of birth abroad. Provide a copy of your photo identification, such as a driver’s license, current school, or military ID card.

Take two passport pictures of yourself in front of a white background. The photos should be current, within six months of passport application, clearly show your face, and be about 2 inches in size. Take the photos, documents, and application form in person to your nearest passport acceptance agent.

Gather your official court documents to show you are no longer on probation or parole. You may not need to show these documents, but you can save yourself quite a bit of time and aggravation if you need to present them.

What Will Disqualify You From Getting a Passport?

Have you ever wondered what it takes to be disqualified from getting a passport? Well, there are a few things to keep in mind. If you owe child support payments of over $2500.00, you won’t be able to obtain a passport.

In addition, if you have a warrant out for your arrest or have been convicted of a crime and are on probation or parole, your passport application will likely be denied. It’s important to remember that a passport is a privilege, not a right, and the government has the right to deny your application if they see fit.

Conclusion:

So, to answer the question “Can a Felon Get a Passport?,” the answer is yes and no. Generally, those convicted of serious felonies can be denied passage by the State Department until the sentence has been fully served and a pardon issued. In any event, it is best to speak with an attorney if your criminal record may be an issue as consulting one is essential to understanding all of your legal rights.