Can You Get a Passport with a Felony?
If you’ve been convicted of a felony, you may wonder if you’re still eligible to obtain a passport from the U.S. Department of State. The good news is that it is still possible to get a passport with a felony record, but it’s important to understand the process and potential restrictions involved.
Contents
Understanding the Federal Process
When it comes to felony convictions, the U.S. Department of State, in conjunction with the federal courts, determines whether or not an individual is eligible to obtain a passport. Here are the key takeaways:
• Denial of Passport: According to the U.S. Code, Section 52(a), a person who is imprisoned or on probation due to a felony conviction, including a crime involving the issuance of false identification documents or a violation of privacy or identity, may not receive a passport.
• Exceptions: However, some exceptions apply. An individual with a felony conviction may still be eligible for a passport if:
- Their sentence has been discharged
- They’re currently on parole or post-sentence supervision
- They’re eligible for expungement or seal of their criminal record
- The felony conviction is more than 10 years old, and the individual meets the necessary criteria
Who is Eligible and Who is Not?
In order to determine who is eligible for a passport despite a felony conviction, consider the following scenarios:
| Felony Conviction | Status | Eligible for Passport? |
|---|---|---|
| Acurrent imprisonment or on parole | Denied | N |
| Docketed and awaiting a verdict | Pending | TBD |
| More than 10 years since sentence served or discharged | May be eligible | Depending on circumstances |
| Expungement or seal of criminal record is possible | Yes | Yes |
Contact Information and Additional Requirements
When filing for a passport with a felony conviction, you will need to provide additional documentation, including:
• Diplomatic or Law Enforcement Clearance: You’ll need to provide proof that your felony conviction has not involved any violation of confidentiality, identity theft, or criminal activity related to issuing identification documents.
• Good Moral Character: A detailed explanation of the circumstances surrounding your felony conviction, providing an account of your compliance with the terms of your probation or parole, as well as evidence of a substantial change in your conduct to demonstrate your good moral character.
Risk of Revocation of Existing Passport
If you already have a passport and have since been convicted of a felony, there’s a potential risk of revocation if your conviction was related to one of the following categories:
• False documentation or identity theft: Such violations may lead to confiscation of your passport as you may be deemed unworthy of travel privileges under international law.
The Bottom Line
In conclusion, getting a passport with a felony conviction is possible but often requires careful consideration, attention to detail, and proper documentation. It is crucial to consult with experienced authorities, legal professionals, and/or experts in order to ensure the best course of action.
Recap:
• Passports can be denied due to felony convictions, primarily related to imprisonment, falsification of documents, and related offenses.
• Felonies committed more than 10 years ago can lead to potential eligibility if met with certain criteria, expungement, seal, or parole.
• Detailed documentation, including police certificates, is required during application.
• Existing passport risk revocation if it has been deemed invalid according to international law.
• Best advice: Consult authorities, professionals, and experts for an in-depth analysis of each specific situation.
Remember: discretion is crucial when attempting to obtain a passport following a felony conviction. In these situations, it is critical to have a thoughtful understanding of the process to maximize the likelihood of receiving your passport successfully. If in doubt, consult directly with the U.S. Department of State or engage an expert for guidance specific to your circumstances.
