Can You Get a Passport with a Misdemeanor?
Traveling abroad is a wonderful experience, and having a valid passport is essential for international travel. However, for those with a misdemeanor on their criminal record, obtaining a passport can be a bit more challenging. In this article, we will delve into the question: Can You Get a Passport with a Misdemeanor? and provide valuable information on the requirements and procedures.
The Basic Requirements
To apply for a passport, you need to meet the following basic requirements:
- You are a U.S. citizen or national (or you were born in Puerto Rico, Guam, the Virgin Islands, American Samoa, or the Northern Mariana Islands).
- You have proof of citizenship, such as a birth certificate or naturalization certificate.
- You have proof of identity, such as a valid government-issued ID, like a driver’s license.
Misdemeanors and Passports: The Impact
A misdemeanor can affect your ability to obtain a passport in two ways:
- Ineligible: If your misdemeanor was a crime involving moral turpitude, such as fraud, theft, or drug-related offenses, you may be deemed ineligible to obtain a passport. The Department of State’s Foreign Affairs Manual states that "convictions for crimes involving moral turpitude… will be considered in the discretionary determination of whether the issuance of a passport is warranted."
- Limited Validity: Even if your misdemeanor is not considered a crime involving moral turpitude, your passport application may still be subject to limitations. The Department of State may issue a passport with limited validity or conditions, which could include restrictions on your travel or activities abroad.
Types of Misdemeanors That May Affect Passport Eligibility
Here are some examples of misdemeanors that may affect passport eligibility:
• Drunk driving (DUI/DWI): Even a single conviction for DUI/DWI can make you ineligible for a passport.
• Theft, fraud, or property damage: These types of offenses can be considered crimes involving moral turpitude, making you ineligible for a passport.
• Drug-related offenses: Misdemeanors related to drug possession, distribution, or trafficking can also affect passport eligibility.
• Vandalism or public disturbance: While these types of offenses are generally not as severe as others, they can still impact passport eligibility.
The Passport Application Process
To apply for a passport, you need to:
- Fill out Form DS-11: The Application for a U.S. Passport.
- Gather required documents: Proof of citizenship, identity, and photocopies of both sides of your ID.
- Pay the application fee: $110 for a U.S. passport book or $30 for a U.S. passport card.
- Visit a passport acceptance facility: There are over 9,000 locations throughout the U.S., including post offices and libraries.
- Submit your application: A representative from the acceptance facility will review your application, take your fingerprints, and forward it to the Department of State for processing.
What to Do if Your Misdemeanor Affects Passport Eligibility
If your misdemeanor affects passport eligibility, you may be able to expunge or seal your record or obtain a waiver from the Department of State. Here are the steps:
• Contact the Department of State: Reach out to the Department of State’s Passport Services Division to discuss your specific situation and the potential outcome.
• Gather necessary documentation: Provide detailed documentation about your misdemeanor, including court records, evidence of rehabilitation, and character references.
• File an expungement or waiver application: If you meet the requirements, you may be able to have your record expunged or sealed, or you can apply for a waiver, which may be granted if you can demonstrate that the misdemeanor is not related to your character or morals.
Conclusion
While having a misdemeanor on your criminal record can make it more challenging to obtain a passport, it is not necessarily impossible. By understanding the impact of your misdemeanor and following the necessary steps, you may still be able to obtain a passport or secure a waiver or expungement. Remember to:
- Check the requirements: Verify the requirements for passport eligibility and your misdemeanor’s potential impact on your application.
- Consult with the Department of State: Reach out to the Department of State for guidance on your specific situation and potential outcomes.
- Gather necessary documentation: Provide detailed documentation about your misdemeanor and any steps you’ve taken to address the issue.
By doing your research and taking the necessary steps, you can navigate the process and potentially obtain a passport, even with a misdemeanor on your record.
Table: Types of Misdemeanors and Their Impact on Passport Eligibility
| Type of Misdemeanor | Impact on Passport Eligibility |
|---|---|
| Drunk driving (DUI/DWI) | Limited validity or conditions |
| Theft, fraud, or property damage | Ineligible |
| Drug-related offenses | Ineligible |
| Vandalism or public disturbance | Limited validity or conditions |
Bullets List: What to Do if Your Misdemeanor Affects Passport Eligibility
• Contact the Department of State’s Passport Services Division to discuss your specific situation and the potential outcome.
• Gather necessary documentation about your misdemeanor, including court records, evidence of rehabilitation, and character references.
• File an expungement or waiver application if you meet the requirements.
• Seek the advice of an attorney specializing in passport law and international travel.
• Verify the requirements for passport eligibility and your misdemeanor’s potential impact on your application.
• Consult with the Department of State for guidance on your specific situation and potential outcomes.
