Can a Person with a Felony Get a Passport?
The question of whether a person with a felony can obtain a passport is a common one, and the answer is not a simple yes or no. The process of obtaining a passport is governed by the U.S. Department of State, and individuals with felony convictions may face additional hurdles and requirements. In this article, we will explore the answer to this question and provide guidance on the process of obtaining a passport with a felony conviction.
What is a Felony?
Before we dive into the specifics of obtaining a passport with a felony conviction, it’s essential to understand what a felony is. A felony is a serious crime that is punishable by more than one year in prison. Examples of felonies include murder, rape, burglary, and drug trafficking.
The Passport Application Process
To obtain a passport, an individual must submit an application to the U.S. Department of State. The application process typically involves the following steps:
- Step 1: Fill out the application: The applicant must fill out form DS-11, which is the application for a U.S. passport. The application must be completed online and printed or filled out by hand.
- Step 2: Provide proof of citizenship: The applicant must provide proof of U.S. citizenship, such as a birth certificate or naturalization certificate.
- Step 3: Provide proof of identity: The applicant must provide proof of identity, such as a driver’s license or government-issued ID.
- Step 4: Provide a passport photo: The applicant must provide one passport photo that meets the Department of State’s requirements.
- Step 5: Pay the application fee: The applicant must pay the application fee, which currently stands at $110 for a U.S. passport book or $40 for a U.S. passport card.
Felony Convictions and Passport Applications
Individuals with felony convictions may face additional requirements and restrictions when applying for a passport. The Department of State considers felony convictions on a case-by-case basis and may require additional documentation or proof of rehabilitation.
Types of Felony Convictions
The Department of State considers the following types of felony convictions when evaluating an application:
- Violent felonies: Felonies that involve violence or the threat of violence, such as murder, assault, and battery.
- Drug-related felonies: Felonies related to drug trafficking, possession, or distribution.
- Property-related felonies: Felonies related to theft, burglary, or property damage.
- Other felonies: Felonies that do not fall into the above categories, such as fraud or tax evasion.
How Felony Convictions Affect Passport Applications
Individuals with felony convictions may face the following consequences when applying for a passport:
- Denial of application: The Department of State may deny the application if the felony conviction is considered serious or poses a national security risk.
- Additional documentation required: The Department of State may require additional documentation or proof of rehabilitation, such as a letter from a judge or a certificate of completion of a rehabilitation program.
- Waiver required: In some cases, the Department of State may require a waiver, which is a formal request for an exception to the normal requirements.
Table: Felony Convictions and Passport Applications
| Felony Conviction | Effect on Passport Application |
|---|---|
| Violent felony | Denial of application or additional documentation required |
| Drug-related felony | Denial of application or additional documentation required |
| Property-related felony | Additional documentation required or waiver required |
| Other felony | Additional documentation required or waiver required |
Rehabilitation and Restoration of Rights
Individuals with felony convictions may be able to restore their rights and obtain a passport by completing a rehabilitation program or demonstrating good behavior. The following options may be available:
- Clemency: The individual may be able to apply for clemency, which is a formal pardon or forgiveness of the felony conviction.
- Expungement: The individual may be able to apply for expungement, which is the removal of the felony conviction from their criminal record.
- Certificate of rehabilitation: The individual may be able to obtain a certificate of rehabilitation, which is a formal document that demonstrates their rehabilitation and good behavior.
Conclusion
In conclusion, individuals with felony convictions may face additional requirements and restrictions when applying for a passport. The Department of State considers felony convictions on a case-by-case basis and may require additional documentation or proof of rehabilitation. By understanding the process and requirements, individuals with felony convictions can take steps to restore their rights and obtain a passport.
