Can a Person Convicted of a Felony Get a Passport?
Obtaining a passport is a crucial step for international travel, but for individuals with a felony conviction, the process can be more complex. The United States Department of State’s Bureau of Consular Affairs (CA) has specific guidelines for issuing passports to individuals with criminal records. In this article, we will explore the answer to the question: Can a person convicted of a felony get a passport?
The Short Answer
Yes, a person convicted of a felony can get a passport, but it’s not a straightforward process. The CA has strict guidelines for issuing passports to individuals with criminal records, and the outcome depends on the nature and severity of the felony conviction.
Felonies and Passport Eligibility
The CA uses a system called the Pardon and Parole Policy to determine passport eligibility for individuals with felony convictions. The policy considers the following factors:
- Nature of the offense: The type of felony committed, such as a non-violent or violent crime, can impact passport eligibility.
- Length of time since conviction: The amount of time that has passed since the conviction can influence the decision.
- Pardon or expungement: If the individual has received a pardon or expungement, it may improve their chances of obtaining a passport.
Types of Felonies and Passport Eligibility
The CA categorizes felonies into three groups:
- Non-violent felonies: These include crimes such as fraud, embezzlement, and drug-related offenses. Individuals with non-violent felony convictions may be eligible for a passport, but it’s not guaranteed.
- Violent felonies: These include crimes such as murder, assault, and robbery. Individuals with violent felony convictions are generally not eligible for a passport.
- Sex-related felonies: These include crimes such as sexual assault and child pornography. Individuals with sex-related felony convictions are generally not eligible for a passport.
The Application Process
To apply for a passport, individuals with felony convictions must submit an application to the CA. The application process involves the following steps:
- Application form: Fill out form DS-11, Application for a U.S. Passport, and submit it to a passport acceptance facility.
- Passport photo: Provide a passport photo that meets the CA’s requirements.
- Supporting documents: Submit supporting documents, such as a birth certificate, proof of citizenship, and proof of identity.
- Fingerprinting: If the CA requires fingerprinting, the individual will need to provide fingerprints as part of the application process.
- Passport eligibility review: The CA will review the application and supporting documents to determine passport eligibility.
Fingerprinting and Passport Eligibility
Fingerprinting is a crucial step in the passport application process for individuals with felony convictions. The CA uses the FBI’s Criminal Justice Information Services (CJIS) Division to verify the individual’s criminal history. If the individual has a felony conviction, the CA will review the FBI’s report to determine passport eligibility.
Table: Passport Eligibility for Individuals with Felony Convictions
| Felony Type | Passport Eligibility |
|---|---|
| Non-violent | May be eligible, but not guaranteed |
| Violent | Generally not eligible |
| Sex-related | Generally not eligible |
Appealing a Passport Denial
If the CA denies a passport application due to a felony conviction, the individual can appeal the decision. The appeal process involves submitting additional information or evidence to support their case. The CA will review the appeal and make a final decision.
Conclusion
In conclusion, a person convicted of a felony can get a passport, but it’s not a guaranteed process. The CA uses a strict set of guidelines to determine passport eligibility, and the outcome depends on the nature and severity of the felony conviction. Individuals with felony convictions should carefully review the CA’s guidelines and consult with a passport acceptance facility or attorney to determine their eligibility for a passport.
Additional Resources
- U.S. Department of State: Bureau of Consular Affairs (CA)
- FBI’s Criminal Justice Information Services (CJIS) Division
- U.S. Passport Acceptance Facility Locator
By understanding the passport eligibility process for individuals with felony convictions, you can better navigate the complex requirements and increase your chances of obtaining a passport.
