Can a Misdemeanor Stop You from Getting a Passport?
Contents
The Short Answer
Yes, a misdemeanor can potentially stop you from getting a passport. In the United States, the Department of State’s Bureau of Consular Affairs, which is responsible for issuing passports, has certain eligibility requirements that individuals must meet before they can obtain a passport. These requirements include being a U.S. citizen, providing proof of citizenship, and undergoing a background check.
The Eligibility Requirements for a Passport
To obtain a passport, you must meet the following eligibility requirements:
• Be a U.S. citizen: You must be a natural-born citizen of the United States or have been naturalized through the process of U.S. citizenship.
• Provide proof of citizenship: You must provide proof of your citizenship, such as a birth certificate or naturalization certificate.
• Provide proof of identity: You must provide proof of your identity, such as a valid driver’s license or government-issued ID.
• Provide proof of parental relationship (for minors): If you are applying for a passport for a minor (under the age of 16), you must provide proof of your parental relationship to the child, such as a birth certificate or court order.
How a Misdemeanor Can Affect Your Passport Application
A misdemeanor conviction can potentially stop you from getting a passport if it meets certain criteria. Certain misdemeanor convictions may render you ineligible for a passport, as the Department of State’s Bureau of Consular Affairs considers the conviction to be a "crime involving moral turpitude". This includes convictions for:
• Drug-related crimes: Convictions for drug-related crimes, such as possession, distribution, or trafficking, can be considered a crime involving moral turpitude.
• Domestic violence: Convictions for domestic violence or assault can be considered a crime involving moral turpitude.
• Crime of dishonesty: Convictions for crimes of dishonesty, such as forgery, theft, or fraud, can be considered a crime involving moral turpitude.
• Sex offenses: Convictions for sex offenses, such as rape or sexual assault, can be considered a crime involving moral turpitude.
Even if your misdemeanor conviction does not meet the above criteria, it may still affect your passport application if you are convicted of a crime while your passport is still valid. This is because the Department of State’s Bureau of Consular Affairs will revoke a passport if you are convicted of a crime while your passport is still valid.
How to Overcome a Misdemeanor Conviction on Your Passport Application
If you have a misdemeanor conviction that is preventing you from obtaining a passport, there are certain steps you can take to overcome it:
• Wait the appropriate amount of time: The Department of State’s Bureau of Consular Affairs typically will not consider a misdemeanor conviction to be a crime involving moral turpitude if the conviction is more than five years old.
• Get a pardon or expungement: If your misdemeanor conviction has been expunged or you have received a pardon, this may be sufficient to overcome the conviction on your passport application.
• Obtain a new passport book: If your passport book is still valid, but you have been convicted of a crime while it was still valid, you will need to obtain a new passport book.
• Consult with a passport expediting company: If you are having trouble overcoming your misdemeanor conviction on your passport application, you may want to consider consulting with a passport expediting company that specializes in handling complex passport applications.
A Table to Summarize the Key Points
| Misdemeanor Conviction Type | Eligibility for Passport |
|---|---|
| Crime involving moral turpitude | Ineligible |
| Drug-related crime | Ineligible |
| Domestic violence | Ineligible |
| Crime of dishonesty | Ineligible |
| Sex offenses | Ineligible |
| Misdemeanor conviction over 5 years old | May be eligible |
| Misdemeanor conviction with pardon or expungement | May be eligible |
| New passport book | Eligible |
Conclusion
In conclusion, a misdemeanor conviction can potentially stop you from getting a passport, but it is not an automatic disqualification. Certain misdemeanor convictions may render you ineligible for a passport, but others may be considered on a case-by-case basis. If you are having trouble overcoming your misdemeanor conviction on your passport application, it is recommended that you consult with a passport expediting company that specializes in handling complex passport applications.
