Can You Get a Passport if You Have a Felony?
When applying for a passport, you might be wondering if you’re eligible if you have a felony conviction on your record. The short answer is that it’s possible to obtain a passport with a felony, but it can be a more complex process.
What is the general rule?
For U.S. citizens who have been convicted of a felony, the Department of State’s Bureau of Consular Affairs (CA/VO/L/A) automatically revokes their passport unless the individual has received relief from the felony conviction and can demonstrate that they’re eligible for a passport again. This is stated in 22 CFR 51.60(a)(ii) and (iii):
"The Department of State…will not issue a new or renewed passport to anyone whose passport has been previously revoked under this section and the individual has not shown by clear and convincing evidence that the individual has:
- Been pardoned, or
- Been granted relief from extradition by a U.S. district court, or
- Been granted relief under a federal or state forgiveness law, or
- Been granted relief in accordance with the laws and regulations of the country for which the passport is applied, or
- Been granted relief that removes the felony conviction
This means that if you have a felony conviction and have not received relief in the form of a pardon, court relief, or state forgiveness law, the U.S. Department of State will not issue or renew your passport.
How to get a new passport with a felony:
If you have a felony conviction and want to get a new passport or renew an existing one, you’ll need to undergo an additional process. Follow these steps:
- Get a pardon: You can apply for a pardon from the governor or executive of your state or from the President of the United States. A pardon nullifies the felony conviction.
- Get a certificate of relief: Check if your state has a Certificate of Relief from Disability (CRD) program, which can restore a felon’s right to vote, serve on a jury, or hold public office.
- Get relief under a federal or state forgiveness law: Some state and federal laws provide for relief from felony convictions.
- Get the required documentation: You may need to provide documentation explaining your circumstances, such as proof of rehabilitation, compliance with court-ordered restrictions, or completion of sentencing requirements.
- File a petition: Attach a petition to your application explaining the circumstances of the felony conviction and how it affects your ability to get a passport.
Can you get a passport under specific circumstances?
Although a felony conviction typically excludes you from getting a passport, there are some exceptional cases where you might be eligible:
- Crimes committed before age 18: If your felony conviction occurred before you turned 18, you may still be eligible for a passport under certain circumstances.
- Crimes committed abroad: If your felony was committed outside the United States, the U.S. Department of State may consider allowing you to get a passport under certain conditions.
- Crimes that no longer constitute a felony: In some cases, you might be able to convince the U.S. Department of State that the statute under which you were convicted no longer constitutes a felony, making you eligible for a passport.
Alternative ID options:
In cases where you’re denied a passport due to a felony conviction, you’ll still need a valid identification for travel. Consider alternatives, such as:
| ID Option | Requirements | Expiration Date |
|---|---|---|
| Driver’s License | Varies by state | Varies |
| State ID Card | Varies by state | Varies |
| Enhanced License or ID Card | Specific requirements | Varies |
Keep in mind that while these alternatives can allow you to travel, you might still face difficulties while re-entering the country or when dealing with travel authorities.
Conclusion
Having a felony conviction on your record can make getting a passport more challenging. However, by understanding the requirements and exceptions, you may still be able to obtain a passport. Seek the advice of a reliable source, such as an experienced passport agent or lawyer, to help guide you through the process. Remember to always follow proper documentation and procedures to minimize delays and ensure a smoother travel experience.
