Can You Get a Passport If You Have a Misdemeanor?
In the United States, acquiring a passport is a process that requires a thorough investigation of an individual’s background. While most people do not have any issues, some may have a conviction for a misdemeanor offense and wonder if it will hinder their ability to obtain a passport. In this article, we will explore the possibility of getting a passport if you have a misdemeanor, highlighting the relevant laws and procedures.
What Constitutes a Misdemeanor?
Before delving into the specifics, it is essential to define what a misdemeanor is. In the United States, a misdemeanor is a less serious criminal offense that typically carries a sentence of imprisonment of less than one year, a fine, or both. Misdemeanors can range from simple possession of marijuana to more serious offenses like drunk driving.
Effect of a Misdemeanor on Passport Application
So, can you get a passport if you have a misdemeanor? The short answer is yes, but there are some caveats. According to the Department of State’s Bureau of Consular Affairs, having a misdemeanor conviction will not automatically disqualify you from obtaining a passport.
However, the National Instant Criminal Background Check System (NICS) must also be checked, as it is required by federal law. The NICS check is performed to verify whether the applicant has ever been convicted of a criminal offense, including misdemeanors. If the check identifies a misdemeanor conviction, the application may be further reviewed and potentially delayed.
Factors That Determine Passport Eligibility
Although a misdemeanor conviction will not necessarily prevent you from obtaining a passport, there are other factors that can affect your eligibility. These factors include:
• Date of the conviction: Passports are typically issued even if the conviction occurred five or more years ago. However, if the conviction was for a specified crime, such as theft, fraud, or perjury, the application may be denied.
• Nature of the conviction: The type of misdemeanor will also impact your eligibility. For example, conspiracies, frauds, and perjuries can result in denial.
What to Expect in the Application Process
Here are the steps you need to follow to apply for a passport with a misdemeanor conviction:
- Fill out the application form: Download and complete the Form DS-11: Application for a U.S. Passport.
- Provide supporting documents: Include your birth certificate, government-issued ID, and proof of citizenship. If you have a criminal record, you may be asked to provide additional documents, such as a certificate of discharge (if you have completed probation) or a letter of explanation (to clarify the circumstances surrounding your conviction).
- Submit your application: Sign the application form and include it, along with your supporting documents, in the envelope.
- Pay the application fee: The passport application fee is currently set at $110 for an adult passport book.
- Wait for review and processing: The processing time can take 6-8 weeks or more, depending on the workload of the passport agency.
Conclusion
To summarize, having a misdemeanor conviction will not automatically prevent you from obtaining a passport. However, the date and nature of the conviction can impact your eligibility, and you may need to provide additional documentation to facilitate the application process. Be prepared to answer questions and provide supporting documents, such as a certificate of discharge or a letter of explanation, to help clarify any discrepancies in your criminal history. By understanding the factors that determine passport eligibility and the steps involved in the application process, you can confidently navigate the process and ultimately obtain your passport.
Additional Resources
- United States Department of State’s Bureau of Consular Affairs: www.travel.state.gov
- U.S. Department of Homeland Security’s National Instant Criminal Background Check System (NICS): www.fbi.gov/nics
Important Contact Information
- National Passport Information Center: 1-877-487-2778 or www.travel.state.gov
- Regional Passport Agencies: www.travel.state.gov/content/travel/en/Passports/Passport-FAQs/Other-Passport-Info.html
