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In general, anyone with a felony will have to apply for an exception to the regular passport policy from their office of National Passport Services. The good news is that the NPS is required by law to review all applications on a case-by-case basis. The bad news is that they can take up to six months to review and approve your application if they feel it has merit. They also tend to be more lenient toward those entering the country than leaving it. So make sure you start the process early if you plan on traveling internationally.
The answer to getting a passport is not exactly straightforward, but yes, you can get a passport if you have a felony.
A felony alone is not one of the reasons that would get your application denied. If your application to receive or renew your passport is denied for any reason, you will not be able to appeal it. You can reapply once the reason for denial no longer applies.
If you have a felony and are interested in traveling outside of the United States, your first step should be to check with the embassy or consulate of your destination country to see if they will permit your entry. If they do permit you to travel there, then you can begin the process of applying for or renewing your passport.
In What Way Does A Felony Charge Affect A Passport Application?
Felony charges are serious crimes punishable by time in a prison facility. These crimes range from murder, assault, and robbery to sex crimes, drug offenses, and theft.
The applicant must fill out a form and provide proof of citizenship with either a birth certificate or naturalization papers to obtain a passport. Some other forms of documentation may also be necessary for certain applicants.
Anyone who has been convicted of a felony may have their passport application denied. This is especially true if the applicant has a pending criminal case or is not eligible for international travel due to an outstanding arrest warrant.
A restricted passport can be issued to allow the holder to leave the country while on probation or parole and return after completing these terms. In some cases, restricted passports may only allow the holder to travel within the United States and its territories, but not internationally. Any restrictions will be noted on the front of the passport, and those restrictions must be followed at all times.
What Felonies Disqualify You From Getting A Passport?
It can be difficult to find a definitive answer to this question. The good news is a felony conviction will not necessarily prevent you from traveling abroad. It all comes down to how the court handled your felony conviction.
If you were imprisoned for more than a year or were convicted of two or more felonies during the same proceeding and received sentences of five years or more. Even if they were served concurrently. Then you probably won’t be able to get a passport.
Other felonies can also affect your ability to get a passport. In particular, if you have been convicted of international drug trafficking, you may not be able to obtain one.
Additionally, if the State Department has declared that it will deny passports to citizens of countries where civil strife prevents them from leaving safely, then the same rules apply to citizens with felony convictions who are in that situation.
If you have questions about whether your felony conviction will affect your ability to travel abroad, we urge you to contact your local authorities with your questions.
How To Get A Passport With A Felony Conviction?
The best way to get a passport with a felony conviction is by applying at the courthouse. The procedures you must follow will depend on which court your case was heard in. For example, if you were convicted of a felony in District Court or Circuit Court, then you can apply for a passport at that court. If you were convicted of a felony in the Supreme Court, you need to apply for a passport through the Department of Justice (DOJ).
You should also contact the Department of State, which oversees the issuance of passports and travel documents. You may be able to obtain a waiver from them if there are extenuating circumstances that justify issuing your travel documents.
Other Instances That Affect Your Ability To Get A U.S. Passport
U.S. passports are issued by the U.S. Department of State and are essential travel documents when traveling outside of the United States. A passport is required to enter most foreign countries. While it can also be used as a form of identification in the U.S.
While you may think that only criminals and felons have their passports denied or revoked, there are several other instances where you may find yourself unable to get a passport or have your passport application denied.
Not everyone who applies for a U.S. passport gets approved. In fact, thousands of applications are rejected for a wide variety of reasons each year.
If you are currently facing a criminal charge, or if you have been convicted of a crime in the past, it can affect your ability to obtain a U.S. passport, as well as your ability to renew an existing one. However, other instances can cause problems with receiving or renewing your passport that have nothing to do with criminal charges or convictions. These include:
- Unpaid child support
- Outstanding federal debts
- Outstanding tax debts
- Inability to meet passport fees because of financial reasons
Can A Felon Get Their Passport Back?
The law allows the government to confiscate your passport if you have an outstanding warrant against you, are under arrest, or are being charged with a crime. Some exceptions exist as well.
With certain crimes, such as drug trafficking, human trafficking and sex tourism immigration officials can take your passport from you once they notice any of these crimes on your criminal record. Some felonies that involve violence and terrorism may also result in the confiscation of passports.
What Happens Next?
If the government has decided to confiscate your passport, it will typically receive a stamp that states “Cancelled by Order of the U.S. Government” to prevent it from being used again for travel out of the country. The stamp means that the Department of Justice is attempting to prevent you from leaving the country at this time.
Conclusion
Getting your passport will depend completely on what type of crime you have. If it involves a drug-related offense, the answer is easy – you can’t get one. But if it was a non-violent, non-drug-related felony, you should be eligible for a passport. It’s going to depend on your particular situation.
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