Can You Have a Felony and Get a Passport?
Obtaining a passport is a crucial document for international travel, and it’s natural to wonder if having a felony record will affect your ability to get one. In this article, we’ll provide a direct answer to this question and explore the factors that influence your eligibility for a passport despite a felony conviction.
Can You Have a Felony and Get a Passport? The Answer
YES, you can have a felony and still obtain a passport. However, the process is more complicated and may require additional documentation and scrutiny.
Understanding the Process
The United States Department of State is responsible for issuing passports. When applying for a passport, you’ll need to fill out form DS-11, provide supporting documents, and pay the application fee. If you have a felony conviction, you’ll need to disclose it on the application form (question 12a). Even if your conviction is older or has been expunged, you’re still required to disclose it**.
What Types of Felonies May Affect Your Passport Application?
While a felony conviction won’t automatically disqualify you from getting a passport, some types of offenses may raise concerns or require additional information. Offenses that may raise red flags include:
• Fraudulent or financial-related crimes: Crimes related to identity theft, forgery, or financial fraud may trigger additional scrutiny.
• Violent or drug-related crimes: Crimes involving violence or drugs may raise concerns about your travel intentions and potential interactions with foreign authorities.
• Terrorism-related crimes: Crimes related to terrorism or extremism may lead to a passport application denial or additional questioning.
Additional Documentation May Be Required
In some cases, you may need to provide additional documentation to support your passport application, such as:
• Expungement or pardon documents: If your felony conviction has been expunged or pardoned, you may need to provide official documentation to prove this.
• Psychological evaluations: In cases where your felony conviction is related to a mental health issue, a psychological evaluation may be requested to assess your travel safety and well-being.
• Letter of explanation: You may need to provide a letter explaining the circumstances surrounding your felony conviction and how you’ve rehabilitated yourself since then.
Passport Denial
In rare cases, a passport application may be denied due to a felony conviction. The Department of State reserves the right to deny a passport application if it believes you may be a threat to national security or if your travel is not in the best interests of the United States.
Table: Factors Affecting Passport Denial
| Factor | Description |
|---|---|
| National Security Concerns | Your activities or beliefs may be considered a threat to national security. |
| Travel Purposes | Your travel plans may not align with U.S. foreign policy or interests. |
| Crime or Offense | Your felony conviction is related to a violent or drug-related crime. |
| Identity Theft or Fraud | Your conviction is related to fraudulent activities, such as identity theft or forgery. |
| Mental Health or Rehabilitation | Your felony conviction is related to a mental health issue, and there are concerns about your ability to travel safely. |
Conclusion
Having a felony conviction does not automatically disqualify you from getting a passport. While the process may be more complicated, it’s not impossible. Be honest and forthcoming about your conviction on the application form, and be prepared to provide additional documentation to support your application. Remember that the Department of State has the final say in issuing passports, and your application may be denied if deemed necessary.
Additional Resources
• United States Department of State: Passports and International Travel
• United States Department of State: Passports for Felony Convictions
• United States Citizenship and Immigration Services (USCIS): Criminal Records and Passports
