Can People with a Felony Get a Passport?
The question of whether people with a felony conviction can obtain a passport is a common one. The answer is not a simple yes or no, as it depends on various factors and requirements. In this article, we will delve into the details and provide a comprehensive answer to this question.
Can People with a Felony Get a Passport?
The short answer is: it’s possible, but not necessarily easy. The U.S. Department of State’s Bureau of Consular Affairs (CA) is responsible for issuing passports, and they have specific guidelines for felons.
Felony Convictions and Passport Eligibility
The CA has a strict policy regarding felony convictions and passport eligibility. In general, a felony conviction can affect your ability to obtain a passport, but it’s not an automatic disqualification. The decision to issue a passport is made on a case-by-case basis, taking into account the nature and severity of the conviction, as well as other factors.
Types of Felony Convictions
The CA categorizes felony convictions into two main categories:
- Crimes of Moral Turpitude: These are offenses that involve dishonesty, fraud, or moral decay, such as embezzlement, fraud, or sexual offenses. Passports may be denied or revoked if the conviction is related to a crime of moral turpitude.
- Non-Crimes of Moral Turpitude: These are offenses that do not involve dishonesty, fraud, or moral decay, such as drug-related offenses, property crimes, or violent crimes. Passports may still be issued, but the CA may require additional documentation or information.
Factors Affecting Passport Eligibility
In addition to the type of felony conviction, the CA considers several other factors when determining passport eligibility, including:
- Length of Time Since Conviction: The longer it has been since the conviction, the more likely it is that a passport will be issued.
- Type of Sentence: A sentence of probation or community service may be viewed more favorably than a sentence of imprisonment.
- Compliance with Probation or Parole: Failure to comply with probation or parole requirements may affect passport eligibility.
- Criminal Record: A history of multiple felony convictions may make it more difficult to obtain a passport.
The Passport Application Process for Felons
If you have a felony conviction and want to apply for a passport, you will need to follow the standard passport application process, which includes:
- Fill out Form DS-11: The application form for a U.S. passport.
- Provide Proof of Identity: You will need to provide a valid government-issued ID, such as a driver’s license or state ID.
- Provide Proof of Citizenship: You will need to provide proof of U.S. citizenship, such as a birth certificate or naturalization certificate.
- Provide Proof of Name Change: If your name has changed since your last passport, you will need to provide proof of the name change, such as a marriage certificate or court order.
- Pay the Application Fee: The application fee for a U.S. passport is currently $110 for adults (16 and older) and $80 for children (15 and younger).
- Passport Photo: You will need to provide one recent, color photograph that meets the Department of State’s requirements.
Additional Documentation for Felons
In addition to the standard application materials, felons may need to provide additional documentation, such as:
- Certificate of Completion: A certificate showing that you have completed your sentence, including probation or parole.
- Letter of Explanation: A letter explaining the circumstances surrounding your felony conviction.
- Criminal Record Check: A copy of your criminal record, which may be required if you have multiple felony convictions.
Table: Passport Application Requirements for Felons
| Requirement | Description |
|---|---|
| Form DS-11 | Completed application form |
| Proof of Identity | Valid government-issued ID |
| Proof of Citizenship | Birth certificate or naturalization certificate |
| Proof of Name Change | Marriage certificate or court order |
| Application Fee | $110 for adults, $80 for children |
| Passport Photo | Recent, color photograph |
| Additional Documentation | Certificate of completion, letter of explanation, criminal record check (as required) |
Conclusion
In conclusion, while a felony conviction can affect your ability to obtain a passport, it’s not an automatic disqualification. The decision to issue a passport is made on a case-by-case basis, taking into account the nature and severity of the conviction, as well as other factors. By understanding the requirements and process for applying for a passport as a felon, you can better navigate the system and increase your chances of obtaining a passport.
Additional Resources
- U.S. Department of State: Bureau of Consular Affairs (CA)
- U.S. Department of State: Passport FAQs
- Federal Bureau of Investigation (FBI): Criminal Record Check
