Can a Felon get a Passport?

A felony conviction can have a significant impact on many aspects of life, including the ability to travel. One common question for those with a felony record is whether they are eligible to obtain a U.S. passport. While the short answer is generally yes, there are important exceptions and considerations that felons need to understand. Below is a comprehensive look at the factors that determine whether a felon can get a passport, as well as the potential travel restrictions they may face.

Passport Eligibility for Felons

In most cases, convicted felons can obtain a U.S. passport, but certain legal restrictions may apply depending on the nature of the crime and the individual’s legal status. A felony conviction does not automatically prevent someone from getting a passport.

Most U.S. citizens, regardless of their criminal history, are eligible to apply for a passport. However, there are important exceptions where felons may be denied or restricted from obtaining a passport. 

What Felonies Disqualify You from Getting a U.S. Passport?

Felons may face certain restrictions when applying for a passport in the United States. The types of felonies that may disqualify you from getting a passport include:

1. Drug Trafficking Convictions

According to federal law (22 U.S. Code § 2714), individuals convicted of international drug trafficking are ineligible to receive a passport. This means that if someone has been found guilty of drug trafficking offenses that involve cross-border activities, they will be denied a passport. 

2. Financial Felonies

Certain financial felonies can disqualify you from getting a passport, including:

• Federal loans in default (e.g., student loans, mortgage loans)
• Fraud or embezzlement convictions
• Tax evasion or fraud
• Money laundering
• Counterfeiting

3. Felony Arrest Warrants

If you have an outstanding felony arrest warrant, you may be disqualified from obtaining a passport. This includes warrants related to:

• Violent crimes (e.g., murder, assault, robbery)
• Sex offenses
• Drug-related crimes
• Other serious felonies

4. Unpaid Child Support

If you owe $2,500 or more in child support payments, you won’t be eligible for a passport until the debt is paid.

5. Unpaid Federal Student Loans

If you have an unpaid federal student loan, the State Department may deny your passport application.

6. Incarceration or Trouble with the Law

If you’re currently incarcerated or have an outstanding warrant, you won’t be able to obtain a passport. Additionally, certain criminal convictions, such as:

• Violent crimes
• Sex offenses
• Drug-related crimes
• Other serious felonies

may also disqualify you from getting a passport.

Keep in mind that these restrictions can vary, and not all felons will be disqualified from obtaining a passport. The severity of the offense and individual circumstances will be taken into account.

What is the Passport Application Process for Felons?

The passport application process for felons in the U.S. is similar to the process for any other U.S. citizen, but there are some additional considerations based on legal status and restrictions. Here’s a step-by-step guide to the process:

Gather Required Documents

Felons applying for a passport will need the same documents as any U.S. citizen, including:

• Proof of U.S. Citizenship: A birth certificate, certificate of naturalization, or a previous U.S. passport.
• Government-Issued ID: A driver’s license, state ID, or military ID.
• Passport Photo: A 2×2 inch passport photo that meets the U.S. Department of State’s guidelines.

Fill Out the Application

• First-time applicants will need to complete Form DS-11. If renewing a passport, use Form DS-82.
• This form asks for personal details, such as name, date of birth, and address, as well as details regarding prior passports or applications.

Submit Your Application In Person

First-time applicants and felons must apply for their passport in person at an official passport acceptance facility (such as a post office, library, or passport agency). You will need to provide all the required documents and pay the appropriate fees.

Pay the Application Fees

The standard passport book fee for adults is $130 (plus a $35 execution fee for first-time applicants). Expedited processing is available for an additional fee.

Wait for Approval

The processing time for a passport typically takes 8-11 weeks, or 5-7 weeks with expedited service. If there are any issues with the application, such as outstanding legal restrictions or unpaid child support, you will be notified.

 Legal Restrictions to Consider

Most felons can get a passport, but it depends on the nature of their criminal record. If you’ve completed your sentence, were legally set free, or had the charges dropped, you can apply.

Can a Non-Violent Felon get a Passport?

Yes, a non-violent felon can get a passport, but the approval process may be more complex and time-consuming. The U.S. Department of State considers each application on a case-by-case basis. Non-violent felonies that may be considered for passport approval include:

• White-collar crimes (e.g., fraud, embezzlement)
• Property crimes (e.g., theft, burglary)
• Drug possession or use (not trafficking)
• Probation or parole violations (not related to violent crimes)

However, even with non-violent felonies, additional documentation and legal documents may be required, such as:

1. Court records and sentencing documents
2. Proof of completion of sentence, probation, or parole
3. Letters from law enforcement or the court confirming the non-violent nature of the crime

It’s essential to note that the U.S. Department of State may still deny a passport application if:

• The non-violent felony is deemed to be “morally turpitudinous” (contrary to social norms)
• The applicant’s conduct or actions abroad would violate U.S. law or compromise national security

To increase the chances of approval, non-violent felons should:

1. Ensure all legal requirements are met
2. Provide thorough documentation
3. Demonstrate rehabilitation and a clear understanding of their actions

Consulting with a legal professional or the U.S. Department of State can provide guidance on the application process and potential outcomes.

Can a Dui Felon get a Passport?

Yes, a DUI (Driving Under the Influence) felony conviction does not automatically disqualify someone from obtaining a U.S. passport. According to U.S. Department of State regulations under 22 CFR § 51.60, a felony DUI conviction generally does not disqualify a person from obtaining a passport unless other legal restrictions, such as probation or parole conditions, apply.

Can a class A felony get a Passport?

In the United States, a Class A felony is considered a serious offense, and obtaining a passport may be more challenging. While it’s not impossible, the U.S. Department of State will closely review your application and consider the nature of the offense, your criminal history, and other factors.

Class A felonies typically include offenses such as:

1. Murder
2. Rape
3. Kidnapping
4. Arson
5. Aggravated assault
6. Felony drug trafficking

However, it’s not a blanket denial. You may still be eligible for a passport if:

• You have completed your sentence, including probation or parole
• You have obtained a presidential pardon or a gubernatorial pardon (if convicted at the state level)
• You have a valid reason for international travel (e.g., business, family emergency)

Can a Class B felony get a Passport?

A Class B felony conviction in the US may impact passport eligibility, but it’s not an automatic denial. The US Department of State considers each case individually, weighing factors like:

• Nature of the offense (e.g., drug distribution, burglary, fraud)
• Criminal history
• Rehabilitation efforts
• Reason for international travel

While some Class B felonies may be deemed “morally turpitudinous”, others may not. Providing thorough documentation and evidence of rehabilitation can support the application, but approval is not guaranteed. Consult a legal professional or the US Department of State for guidance.

Can a Class C Felony get a Passport?

Yes, a Class C felony conviction in the US can still obtain a passport, although the application may face additional scrutiny. The US Department of State considers individual circumstances, including:

1. Nature of the offense (e.g., felony theft, drug possession)
2. Criminal history
3. Rehabilitation efforts
4. Reason for international travel

Providing thorough documentation and evidence of rehabilitation can support the application. While approval is not guaranteed, Class C felonies are generally considered less severe than Class A or B felonies, increasing the likelihood of passport approval. Consult a legal professional or the US Department of State for guidance.

Why Can Having a Passport Benefit Felon-Friendly Job Opportunities?

For many individuals with a felony conviction, exploring felon-friendly jobs is a top priority. Certain industries, such as international trade, logistics, and travel, often require employees to have a valid passport. By obtaining a U.S. passport, felons can expand their job prospects, including work opportunities that involve travel.

Can Felons Leave the Country?

Felons can generally leave the country if they have a valid U.S. passport, but there are restrictions. Felons on probation or parole, or with certain convictions (like drug trafficking), may be denied a passport. 

Additionally, many countries, such as Canada, Australia, and Japan, have strict entry rules and may deny felons entry based on their criminal record. Always check the destination country’s entry requirements before planning travel.

Which Countries Do Not Allow Entry to Felons?

Several countries have strict entry restrictions for individuals with felony convictions. Here are some key nations that may deny entry to felons:

1. Canada

Canada has strict policies on criminal records. Felons are typically inadmissible, especially for serious crimes. However, felons can apply for a Temporary Resident Permit (TRP) or Criminal Rehabilitation after a certain period.

2. Australia

Felons may be denied entry if they have been sentenced to imprisonment for 12 months or more. Australia’s Migration Act requires individuals to pass a “character test,” and criminal records can affect this.

3. Japan

Japan is known for denying entry to individuals with felony convictions, particularly those related to drugs, violence, or serious crimes. Visitors are typically asked about criminal records when applying for entry.

4. United Kingdom

The UK may deny entry to individuals with felony convictions, particularly for serious crimes. The decision is often made based on the severity of the offense and how long ago it occurred.

5. New Zealand

New Zealand can deny entry to individuals who have been sentenced to prison for 12 months or more. They also consider the nature of the offense and the time elapsed since the conviction.

6. Mexico

Mexico can deny entry to individuals with serious criminal records, especially if the offense is deemed to impact national security or public safety.

7. United Arab Emirates (UAE)

The UAE may refuse entry to individuals with felony convictions, particularly for drug-related or violent crimes.

Felons must research the specific entry requirements of the country they plan to visit and, if necessary, apply for special permissions or visas. Some countries may allow entry through specific processes, such as waivers or rehabilitation applications.