Can I Get a US Passport with a Felony?
Acquiring a United States passport is a straightforward process for many citizens, but for those with a felony conviction on their record, it may be more complex. As a result, it is essential to understand the steps and requirements for obtaining a US passport while having a felony conviction. In this article, we will explore the answer to this question in detail.
Felony Conviction and Travel Restrictions
The US government has rules in place for individuals who have been convicted of felonies, specifically regarding their ability to travel internationally. The Smuggler’s Oath under 18 U.S. Code § 112 provides that any individual who is convicted of a felony, has been sentenced, and served their sentence may be precluded from holding a government-issued ID, such as a US passport, for a specific period, typically 7-15 years.
However, in 2011, this law was relaxed, making it possible for individuals convicted of certain felony offenses, such as theft, bribery, or public corruption, to obtain a US passport after serving their sentence without restrictions.
**FBI Watchlist and Potential Denial of Passport
Another challenge individuals with felony convictions face is the FBI’s International Watchlist, also known as the TECS System. This system is maintained by the Federal Bureau of Investigation (FBI) and contains records of known or suspected criminals, fugitives, and individuals under investigation.
The FBI places individuals on this watchlist based on certain criteria, including:
- Notorious crimes, such as murder, treason, and espionage
- Habitual or persistent felony offenders
- Wanted fugitives
Being placed on this watchlist can lead to the denial of a US passport, as passport applications are scrutinized thoroughly by the State Department to ensure the individual is not a security risk.
**Passport Eligibility Factors
Several factors are taken into account when determining whether an individual with a felony conviction can obtain a US passport:
- The type and severity of the felony, including the classification of the offense (misdemeanor or felony) and the length of the prison sentence
- Whether the individual was convicted or merely accused of a crime
- Length of time since the completion of the sentence, considering the Smuggler’s Oath guidelines
- Any current or ongoing legal issues
**Renewal and Replacement Procedures
What happens if you already hold a US passport and subsequently receive a felony conviction or are placed on the FBI’s International Watchlist?
- Passport cancellation: If the State Department becomes aware of the conviction or watchlist placement, they may cancel your passport without notice. This is particularly true for individuals with certain types of felony convictions.
- Passport suspension: Depending on the severity of the conviction, your passport might be suspended, restricting your travel privileges temporarily.
- Passport replacement: Once the situation is resolved and the conditions for obtaining a passport have been met (e.g., the expiration of a sentence or completion of an appeal), a new passport can be replaced.
The Application Process with a Felony Conviction
Step-by-Step Instructions
The application process for a US passport with a felony conviction is more extensive and scrutinized than a standard passport application. Follow these steps to increase the chances of obtaining a US passport:
- Gather documentation: Accumulate all necessary documents, including:
- Certified copy of court records detailing the felony conviction
- Proof of completion of sentence (sentence completion letters, discharge papers, etc.)
- Proof of identity (e.g., driver’s license, Social Security card, etc.)
- Fill out the application form: Fill out Form DS-82 (Application for a US Passport by Mail) in its entirety and submit it to the relevant processing center with the required fees and supporting documentation.
- State the conviction on the application: Be upfront and disclose the felony conviction on the application, as you will be required to justify your eligibility to obtain a passport.
- Supply additional information: Be prepared to provide detailed information regarding the conviction, including:
- Dates of imprisonment
- Type and classification of the offense
- Court records demonstrating completion of the sentence
Table: Passport Requirements with a Felony Conviction
| Requirement | Description |
|---|---|
| Certified Copy of Court Records | Copies of court documents detailing the felony conviction and sentence completion |
| Proof of Completion of Sentence | Documents providing evidence of serving the complete sentence, including sentence discharge papers |
| Proof of Identity | Documents verifying applicant’s identity, such as driver’s license, passport, or other government-issued ID |
| Eligibility Statement | Applicant must state the conviction on the application and justify their eligibility for a US passport |
| Additional Documentation | Potential need for documentation regarding prison time, fines, restitution, or any other requirements related to the conviction |
Conclusion
Obtaining a US passport with a felony conviction is feasible, but the process can be more complicated and involve additional documentation requirements. When applying for a passport while having a felony conviction on your record, it is essential to be thorough and transparent about the conviction and subsequent sentence.
By understanding the application process and eligibility requirements, individuals can increase their chances of receiving a US passport despite having a felony conviction. As always, consult a professional for guidance to ensure a smoother and less stressful experience during the passport application process.
Reference:
- Code of Federal Regulations, 22 CFR Part 53.1 – Passport Rules
- U.S. Department of State – Bureau of Consular Affairs – Passport Applications
- Federal Bureau of Investigation – TECS System – International Watchlist
