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Can You get a passport with a felony?

Can You Get a Passport with a Felony?

When it comes to traveling abroad, having a valid passport is a crucial document that allows you to enter and exit a foreign country. However, for individuals with a felony conviction, obtaining a passport can be a complex and challenging process. In this article, we will explore the answer to the question, "Can you get a passport with a felony?"

What is a Felony?

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Before we dive into the details, it’s essential to understand what a felony is. A felony is a serious crime that is punishable by more than one year in prison. Felonies are typically considered more severe than misdemeanors, which are crimes punishable by less than one year in prison. Examples of felonies include murder, robbery, burglary, and drug trafficking.

Can You Get a Passport with a Felony?

The short answer is yes, you can get a passport with a felony, but it’s not a straightforward process. The U.S. Department of State’s Bureau of Consular Affairs (CA) is responsible for issuing passports to U.S. citizens. However, the CA has strict guidelines and requirements for individuals with felony convictions.

The Passport Issuance Process

The passport issuance process typically involves the following steps:

  1. Application: The applicant submits a completed application form (DS-11) to a passport acceptance facility.
  2. Proof of U.S. Citizenship: The applicant provides proof of U.S. citizenship, such as a birth certificate or naturalization certificate.
  3. Photo Identification: The applicant provides a photo identification, such as a driver’s license or government-issued ID.
  4. Passport Photo: The applicant submits a passport photo that meets the Department of State’s requirements.
  5. Fingerprinting: The applicant provides fingerprints, which are checked against the FBI’s criminal database.

Felony Convictions and Passport Issuance

For individuals with felony convictions, the passport issuance process is more complex. The CA will conduct a thorough background check, which may include:

  • FBI Database Check: The CA checks the applicant’s fingerprints against the FBI’s criminal database to verify any prior felony convictions.
  • Background Investigation: The CA conducts a background investigation to gather additional information about the applicant’s criminal history.

Requirements for Individuals with Felony Convictions

To obtain a passport with a felony conviction, the applicant must meet certain requirements:

  • Must Have Been Convicted of a Felony: The applicant must have been convicted of a felony, and the conviction must be listed on their criminal record.
  • Must Have Been Pardoned or Had Their Civil Rights Restored: The applicant must have been pardoned or have had their civil rights restored, which means they have been deemed rehabilitated and are no longer considered a threat to society.
  • Must Not Be on Probation or Parole: The applicant must not be on probation or parole, as this may indicate that they are still considered a risk to society.

Table: Requirements for Individuals with Felony Convictions

RequirementDescription
Must Have Been Convicted of a FelonyThe applicant must have been convicted of a felony
Must Have Been Pardoned or Had Their Civil Rights RestoredThe applicant must have been pardoned or have had their civil rights restored
Must Not Be on Probation or ParoleThe applicant must not be on probation or parole

The Impact of a Felony Conviction on Passport Issuance

A felony conviction can significantly impact the passport issuance process. In some cases, the CA may:

  • Deny the Application: The CA may deny the application if the applicant has an outstanding warrant or is currently on probation or parole.
  • Request Additional Documentation: The CA may request additional documentation, such as a letter from the applicant’s probation officer or a court document showing the applicant’s criminal history.
  • Require a Waiver: The CA may require the applicant to obtain a waiver from the U.S. Department of State’s Bureau of Consular Affairs (CA) before issuing a passport.

Conclusion

In conclusion, it is possible to get a passport with a felony conviction, but it’s not a straightforward process. Individuals with felony convictions must meet certain requirements, including being pardoned or having their civil rights restored, not being on probation or parole, and providing additional documentation to support their application. By understanding the requirements and process, individuals with felony convictions can increase their chances of obtaining a passport and traveling abroad.

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