Can Someone with a Felony Get a Passport?
In today’s globalized world, traveling is a vital part of both personal and professional life. However, obtaining a passport can be a daunting task, especially for individuals with a felony record. If you have been convicted of a felony, you may be wondering whether you are eligible to get a passport. The short answer is yes, but it’s not as straightforward as it seems.
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Background Check Required
According to the U.S. Department of State’s Bureau of Consular Affairs, all applicants for a U.S. passport must undergo a background check. This includes individuals with a felony record. The background check is conducted by the FBI using the applicant’s fingerprints to verify their identity and detect any criminal history.
What’s a Felony?
Before we dive deeper, it’s essential to understand what constitutes a felony. A felony is a serious crime that carries a maximum sentence of more than one year in a state or federal prison. Examples of felonies include murder, robbery, assault, and drug trafficking. Misdemeanors, on the other hand, are less severe crimes punishable by up to one year in a local jail or prison.
Prior Felony Conviction and Passport Eligibility
The Department of State has specific guidelines regarding passport eligibility for individuals with a prior felony conviction. If you have a prior felony conviction, you are not automatically ineligible for a passport. However, your application may be denied if you:
• Are currently serving a sentence or on parole or probation for a felony: In this case, you will not be eligible for a passport.
• Have been convicted of a felony that bears a direct relationship to national security: Examples include treason, espionage, or murder.
• Have a felony conviction that has been pardoned or expunged: In some cases, a pardon or expungement may render you eligible for a passport.
• Have completed a sentence or served probation/probation for a felony: If you have served your sentence and completed probation or parole, you may be eligible for a passport.
Fingerprint-based Background Check
To facilitate the background check process, you will need to submit your fingerprints along with your passport application. This process is called the Automated Fingerprint Identification System (AFIS). The FBI uses AFIS to verify your identity and detect any criminal history.
Applying for a Passport with a Felony Record
If you have a felony record and wish to apply for a passport, follow these steps:
- Gather required documents: You will need proof of U.S. citizenship (birth certificate or naturalization certificate), proof of identity (driver’s license or government-issued ID), and a photocopy of both sides of your ID.
- Download and complete Form DS-11: This is the application form for a U.S. passport book.
- Pay the application fee: The fee for a U.S. passport book is currently $110 for adults (16 and older) and $80 for children (15 and younger).
- Submit your application: You can submit your application in person at a Regional Passport Agency or mail it to a Passport Agency. Be sure to include a self-addressed, prepaid return envelope for the Agency to send your passport.
Passport Processing and Timeline
The processing time for a passport application with a felony record can be longer than usual. In some cases, it may take several months to verify your criminal history and receive a decision on your application. It’s essential to plan ahead and allow adequate time for processing.
Conclusion
In conclusion, while having a felony record can complicate the process of obtaining a passport, it is not necessarily an insurmountable hurdle. By understanding the specific requirements and guidelines outlined above, individuals with a felony record can take steps to ensure their eligibility for a passport.
Additional Tips and Considerations
- Expungement and Pardon: If your felony conviction has been expunged or pardoned, you may be eligible for a passport.
- Re-entry Permit: If you have a prior felony conviction and plan to travel to the U.S. with a foreign spouse or child, you may need to obtain a Re-entry Permit.
- Travel Warnings: The U.S. Department of State issues travel warnings and advisories for various countries. Check the State Department’s website for any travel warnings before planning your trip.
By following the guidelines outlined in this article and taking the necessary steps to ensure your eligibility, you can successfully obtain a passport and travel abroad.
Table: Passport Eligibility for Individuals with a Felony Record
| Criminal History | Passport Eligibility |
|---|---|
| Currently serving sentence or on parole/probation for a felony | Not eligible |
| Has been convicted of a felony that bears a direct relationship to national security | Not eligible |
| Has been convicted of a felony with a prior pardon or expungement | May be eligible |
| Has completed sentence or served probation/probation for a felony | May be eligible |
