Can You obtain a passport with a felony?

Can You Obtain a Passport with a Felony?

Many people are unaware that they can still obtain a U.S. passport even after being convicted of a felony. However, the process can be more complex and lengthy than for individuals without a criminal record. In this article, we’ll delve into the details and explore the possibilities of obtaining a passport with a felony conviction.

Can Felony Convictions Prevent Me from Obtaining a Passport?

The short answer is no, a felony conviction does not automatically bar you from obtaining a passport. However, the severity and nature of the conviction can impact the process. Here’s a breakdown of how different types of felony convictions might affect your ability to get a passport:

• Misdemeanors vs. Felonies: Misdemeanor convictions typically do not prohibit individuals from obtaining a passport, as they are usually less severe crimes. However, felony convictions that are considered "serious crimes" (more on this later) may carry stricter requirements or restrictions.

• Serious Crimes: The U.S. Department of State defines "serious crimes" as those that involve bodily harm, sexual abuse, drug trafficking, or certain white-collar crimes. Individuals convicted of these types of felonies may face more scrutiny during the passport application process.

• Certain Crimes: Some felony convictions may make it more challenging or impossible to obtain a passport, such as:

• Crimes involving fraud or theft
• Felonies related to identity theft or forgery
• Crimes involving terrorism or national security concerns
• Felonies resulting in imprisonment for more than one year

What Are the Steps to Obtain a Passport with a Felony?

If you have a felony conviction, you can still apply for a U.S. passport. The process may require additional documentation and could be more time-consuming than for individuals without a criminal record. Here’s an outline of the steps you can follow:

1. Gather Required Documents:

   • A valid government-issued photo ID (driver’s license, state ID, etc.)
   • Proof of citizenship (birth certificate, naturalization certificate, etc.)
   • Proof of identity (social security card, etc.)
   • Payment for the application fee ($110 for a standard adult passport book, with expedited service available)

2. Fill Out Form DS-11: Obtain and complete Form DS-11, Application for a U.S. Passport. Make sure to declare your felony conviction(s) on the application. This will help the Passport Agency review your application thoroughly.
3. Additional Documents for Felony Convictions:

   • If you have a serious felony conviction, you may need to provide:

     • A certified court record or judgment showing the details of your conviction
     • A notarized statement explaining your situation and any relevant rehabilitation efforts

   • For felony convictions related to drug offenses, you may need to provide proof of completing any required rehabilitation programs

Passport Agencies and Their Role

U.S. Passport Agencies and the Felony Conviction Process

When you apply for a passport with a felony conviction, your application will be reviewed by the U.S. Department of State’s Passport Agency. Here’s what you can expect during this process:

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• Initial Review: Your application will be reviewed by the Passport Agency to verify your identity, citizenship, and felony conviction(s). They may request additional information or documentation to support your application.
• Verification: The Passport Agency may conduct a background check or contact the court that handed down your felony conviction to verify the details of your conviction.
• Case-by-Case Review: In some cases, your application may be referred to the U.S. Department of State’s Bureau of Consular Affairs for additional review. This may happen if your felony conviction raises significant concerns or if the Agency requires further information.
• Approval or Denial: If your application is approved, you will be issued a passport book and/or passport card. If your application is denied, you will be notified in writing and will need to address the concerns outlined in the denial notice to reapply.

Conclusion

Obtaining a passport with a felony conviction can be a challenging and time-consuming process, but it is not impossible. By understanding the specific requirements and potential hurdles involved, you can better navigate the application process and make the necessary preparations to support your application.

Takeaway Points:

• Not all felony convictions will automatically bar you from obtaining a passport.
• Some felony convictions may require additional documentation or scrutiny during the application process.
• Honesty and transparency are essential when applying for a passport with a felony conviction – declaring your conviction(s) on the application is crucial.
• The U.S. Department of State reviews passport applications on a case-by-case basis, taking into account the nature and severity of the felony conviction(s).

Remember to gather the necessary documents, be honest and transparent about your felony conviction(s), and prepare for a potentially lengthier application process. By following these steps, you can increase your chances of obtaining a passport despite having a felony conviction.