Can You Get a Passport If You Have a Felony?
If you’ve been convicted of a felony, you may be wondering if you’re still eligible to obtain a passport. The answer is yes, but it’s not always a straightforward process. In this article, we’ll break down the requirements and consequences of having a felony and applying for a passport.
What is a Felony?
A felony is a serious crime punishable by more than one year in prison. It can include crimes such as theft, assault, drug offenses, and more. Depending on the jurisdiction and the severity of the crime, a felony conviction can result in significant consequences, including imprisonment, fines, and loss of certain rights, such as the right to vote or own a firearm.
Passport Application Requirements
To apply for a passport, you’ll need to meet the following requirements:
- Be a U.S. citizen
- Provide proof of U.S. citizenship (birth certificate, naturalization certificate, or prior U.S. passport)
- Provide proof of identity (driver’s license, government ID, or current passport)
- Provide a photocopy of both sides of your ID
- Pay the application fee (currently $110 for a U.S. passport book or $40 for a U.S. passport card)
Felony Conviction and Passport Application
If you have a felony conviction, your application may be affected. The U.S. Department of State’s Bureau of Consular Affairs (CA) is responsible for adjudicating passport applications and making determinations about an individual’s eligibility for a passport.
Felony Conviction and Passport Denial
If you’ve been convicted of a felony, your application may be denied if:
- Your felony conviction is a current or pending charge
- You’re currently incarcerated
- You’ve been sentenced to a term of imprisonment of more than one year
- You’ve been convicted of a crime punishable by death or imprisonment for more than one year
- You’ve been convicted of a crime related to passport fraud or forgery
Felony Conviction and Passport Restriction
Even if your application is not denied, you may still face restrictions on your passport. If you’ve been convicted of a felony, you may be required to:
- Attach a statement to your application explaining the circumstances surrounding your felony conviction
- Provide additional documentation, such as a court order or certification of your conviction
- Wait for a period of time before your application is processed (typically 2-3 months)
- Meet additional requirements, such as paying a fine or undergoing counseling
Appealing a Passport Denial
If your application is denied due to a felony conviction, you can appeal the decision. You’ll need to:
- File an appeal with the CA’s Passport Appeals Office
- Provide additional documentation and/or evidence to support your appeal
- Wait for the appeal to be processed (typically 2-3 months)
Conclusion
Having a felony conviction doesn’t necessarily mean you can’t get a passport, but the application process may be more complex and time-consuming. It’s essential to understand the requirements and potential consequences of having a felony conviction and to plan accordingly.
Table: Felony Conviction and Passport Application
Felony Conviction | Passport Application Status |
---|---|
Current or pending charge | Denied |
Currently incarcerated | Denied |
Sentenced to more than 1 year | Denied |
Crime punishable by death or >1 year | Denied |
Crime related to passport fraud/forge | Denied |
Other felony convictions | Restricted |
Recommendations
If you’ve been convicted of a felony and need to apply for a passport, consider the following recommendations:
- Consult with the CA’s Passport Appeals Office or a qualified attorney for guidance on the application process
- Provide complete and accurate information on your application
- Be prepared to provide additional documentation and evidence to support your application
- Allow additional time for processing and appeals
- Consider alternative forms of identification, such as a state ID or driver’s license, if you’re unable to obtain a passport
By understanding the requirements and potential consequences of having a felony conviction and passport application, you can plan accordingly and increase your chances of successfully obtaining a passport.