Can You Get Your Passport If You Have a Felony?
About Passports and Felonies
When it comes to international travel, having a passport is a crucial document. However, for individuals with a felony conviction, getting a passport can be a challenging and complex process. In this article, we will explore the answer to the question "Can You Get Your Passport If You Have a Felony?"
Felony Convictions and Passport Applications
To understand the process of getting a passport with a felony conviction, it’s essential to know how the State Department views felony convictions. According to the U.S. Department of State’s Bureau of Consular Affairs, a felony conviction can prevent you from receiving a passport. The State Department defines a felony as a crime punishable by more than one year of imprisonment.
<h2Types of Felonies that Affect Passport Applications
Not all felony convictions are created equal when it comes to passport applications. The State Department distinguishes between controlled substance offenses and other types of felonies.
- Controlled Substance Offenses: If you have been convicted of a controlled substance offense, including drug trafficking, possession with intent to distribute, and drug-related offenses, you may not be eligible for a passport. This is because the State Department is required to adhere to international treaties and laws related to drug trafficking and drug-related offenses.
- Other Felonies: If you have been convicted of a non-drug-related felony, the State Department may still consider your application for a passport. However, this decision is made on a case-by-case basis and depends on various factors, including the nature of the offense, the length of time since the conviction, and your criminal history.
<h2The Passport Denial Process
If you have a felony conviction and apply for a passport, your application may be denied. Here are the steps that the State Department takes when processing passport applications for individuals with felony convictions:
- Review of Application: The State Department reviews your application to determine if you have been convicted of a felony. If you have, they will flag your application and send it to the Advisory Committee on Passports.
- Advisory Committee Review: The Advisory Committee on Passports reviews your application and considers the nature of the offense, your criminal history, and the length of time since your conviction. They may request additional information or documentation before making a decision.
- Denial of Passport: If the Advisory Committee determines that you are not eligible for a passport due to your felony conviction, your application will be denied.
<h2Appealing a Passport Denial
If your passport application is denied due to a felony conviction, you can appeal the decision. Here are the steps you can take:
- Request for Review: Submit a written request for a review of the denial, explaining the reasons why you believe your application should be approved.
- Providing Additional Information: Include any additional information or documentation that may support your request, such as a pardon or expungement, or evidence that you have rehabilitated since your conviction.
- Re-Review by the Advisory Committee: The Advisory Committee on Passports will re-review your application, considering your additional information and documentation.
- Appeal to the Department of State: If the Advisory Committee reaffirms the denial, you can appeal the decision to the Department of State’s Passport Services.
<h2Conclusion
In conclusion, having a felony conviction can make it more challenging to obtain a passport. The State Department considers felony convictions on a case-by-case basis, and the decision to deny or approve a passport application is made based on various factors. If your passport application is denied due to a felony conviction, you can appeal the decision by requesting a review and providing additional information.
