Can Someone Convicted of a Felony Get a Passport?
Many people are unaware of the passport application process and whether they are eligible to receive a passport despite having a criminal record. In the United States, the Department of State handles passport applications, and they have specific guidelines for convicted felons.
Direct Answer:
Yes, someone convicted of a felony can still get a passport, but there are certain requirements and restrictions that apply.
Contents
Passport Requirements for Felons
To obtain a passport, you must first meet the basic requirements. These include:
- Proof of U.S. citizenship, such as a birth certificate or naturalization certificate
- Valid photo identification, such as a driver’s license or government-issued ID card
- Proof of identity, such as a social security card or driver’s license
- A valid form of payment, such as a check or credit card
As a convicted felon, you will need to provide additional documentation to demonstrate that your conviction does not pose a threat to national security, public safety, or international relations.
Type of Felony and the Passport Application Process
The type of felony you were convicted of can impact your ability to obtain a passport. In general, felonies involving moral turpitude are more likely to be considered a national security risk and may deny you a passport. Some examples of felonies that may be considered involving moral turpitude include:
- Drug trafficking: This type of felony may be considered a national security risk due to the involvement of illegal drugs.
- Fraud: Any type of fraud, such as identity theft or wire fraud, may be seen as a threat to international relations and national security.
- Violent crimes: Crimes such as robbery, assault, or manslaughter may be considered a risk to public safety.
Passport Issuance for Felons: The Decision-Making Process
The Department of State uses a tiered system to assess the risk posed by felons seeking a passport:
- Tier 1: Felons with no prior convictions for violent or drug-related offenses are generally eligible for a passport.
- Tier 2: Felons with one prior conviction for a non-violent offense may be considered for a passport, but will need to provide additional documentation to demonstrate that the conviction does not pose a threat to national security, public safety, or international relations.
- Tier 3: Felons with multiple prior convictions for violent or drug-related offenses are generally not eligible for a passport.
Certain Felonies that are Automatically Denied a Passport
In some cases, certain felony convictions will automatically deny an individual a passport. This includes:
- Narcotics trafficking: The production, distribution, and sale of illegal drugs.
- Terrorist activities: Any involvement with terrorist organizations or activities that support terrorism.
- Espionage: The stealing or selling of classified government information.
- Tax evasion: Willful attempts to evade paying taxes.
- Money laundering: The concealment of criminal proceeds.
Petition for a Waiver
In some cases, even if you are denied a passport due to a felony conviction, you may be able to petition the Department of State for a waiver. This may involve providing additional documentation, such as:
- A letter from your employer explaining your need for a passport for work-related purposes.
- A letter from your healthcare provider explaining your medical need for a passport to travel for treatment.
- Documentation showing that you are planning to travel for education or cultural exchange purposes.
Table: Passport Waiver Petition Requirements
| Requirement | Description |
|---|---|
| Letter from employer | Explain need for passport for work-related purposes |
| Letter from healthcare provider | Explain medical need for passport to travel for treatment |
| Documentation for education/exchange | Show plans for travel for education or cultural exchange purposes |
Conclusion
In conclusion, someone convicted of a felony can still get a passport, but there are certain requirements and restrictions that apply. It is essential to provide accurate and complete information during the application process and be prepared to provide additional documentation if necessary. If your passport application is denied due to a felony conviction, you may be able to petition the Department of State for a waiver. Ultimately, the decision to issue a passport to a felon is made on a case-by-case basis and may involve a review of various factors, including the nature of the felony, your rehabilitation efforts, and any other relevant information.
