Obtaining a Passport with a Criminal Conviction
Obtaining a passport with a criminal conviction is straightforward unless the terms of sentencing, probation, or parole deny explicitly deny the right to passports. Convicted criminals will not be able to obtain a passport if they are convicted of a treasonable offense, or if they are convicted of a federal or state drug felony and used their passport to cross an international border. Learn how to get a passport with a felony conviction in our free legal guide below.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Jul 15, 2023
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UPDATED: Jul 15, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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A criminal conviction will not prevent an individual from obtaining a valid passport. A passport is an identity document that certifies a person’s citizenship and nothing more. In fact, the passport application form does not include questions about the previous passport applicant’s criminal history or felony status and only requires the normal answers plus your passport photos. This goes the same for passport renewals. This means, most convicted criminals, including those with felony charges, may obtain passports unless the terms of sentencing, probation, or parole deny the person a right to a passport. Denial or approval of your application form does not hinge on your criminal status or criminal charges.
When can a criminal offense prevent you from getting a passport?
There are two exceptions to this rule. If an individual has been convicted of a treasonable offense, they are prohibited from obtaining passports. The second exception is if a person was convicted of a federal or state drug felony and used their passport to cross an international border or if the passport was used in some other way to further the offense. In the case of this type of felony conviction, the individual will not be issued a passport. This restriction only lasts while the convicted criminal is imprisoned or on probation/parole for this type of crime.
It is important to remember that you do not have to be a convicted criminal to be denied a passport. While a criminal record will not prevent you from obtaining a passport, you may still be denied for other reasons. If you owe more than $5,000 in back child support or if you have an outstanding arrest warrant, your passport application will be denied. Outstanding arrest warrants do not include parking tickets or civil infractions.
While a convicted criminal may obtain a passport and be permitted to leave the United States, the individual may have trouble gaining entry into their destination country. When entering other countries, foreigners must supply more than just a passport. Travelers to foreign countries must also obtain a visa. If the destination country runs a background check as part of their visa issuing process, your criminal record may prevent you from being granted entry. The safest thing to do in cases such as these is to obtain information about your destination country’s visa issuing process before booking your trip.
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Case Studies: Obtaining Passports With Criminal Convictions
Case Study 1: Overcoming Travel Restrictions for a Treasonable Offense
The story of John, who was convicted of a treasonable offense but seeks to obtain a passport to travel internationally. We delve into the legal hurdles he faces, potential implications of his conviction, and strategies he can employ to navigate the passport application process.
Case Study 2: Navigating Passport Application With a Federal Drug Felony
The journey of Sarah, who has a federal drug felony on her record and desires to obtain a passport for personal reasons. We delve into the specific challenges she encounters due to her criminal history, explore the requirements she must meet, and discuss possible avenues she can pursue to increase her chances of obtaining a passport.
Case Study 3: Rebuilding International Travel Opportunities After a State Drug Felony
The experiences of Mark, who served time for a state drug felony and is now seeking to rebuild his life, including the ability to travel internationally. We explore the potential limitations he faces, such as using his passport to cross borders, and discuss strategies he can employ to regain his travel privileges and overcome the obstacles posed by his criminal conviction.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.