Can You Get a Passport if You Have a Felony?
The answer to this question is not a simple yes or no. In the United States, having a felony conviction can make it more challenging to obtain a passport, but it’s not impossible. The Department of State’s Bureau of Consular Affairs (CA) is responsible for issuing passports, and the agency has specific guidelines for applicants with felony convictions.
What is a Felony?
Before we dive into the details, let’s define what a felony is. A felony is a serious crime that is punishable by more than one year in prison. Examples of felonies include murder, rape, robbery, burglary, and drug trafficking.
Can You Get a Passport with a Felony Conviction?
In general, the Department of State will not issue a passport to an individual who has been convicted of a felony if the felony conviction is still pending or if the individual is serving a sentence for the felony. However, if the felony conviction has been expunged or pardoned, the individual may be eligible for a passport.
Types of Felony Convictions and Passport Eligibility
The Department of State considers the following types of felony convictions when determining passport eligibility:
- Pending felony convictions: If you have a pending felony conviction, you are not eligible for a passport.
- Felony convictions with a sentence of less than one year: If you have a felony conviction with a sentence of less than one year, you may be eligible for a passport.
- Felony convictions with a sentence of more than one year: If you have a felony conviction with a sentence of more than one year, you are not eligible for a passport.
- Felony convictions that have been expunged or pardoned: If you have a felony conviction that has been expunged or pardoned, you may be eligible for a passport.
Additional Requirements for Passport Eligibility
In addition to the type of felony conviction, the Department of State considers the following factors when determining passport eligibility:
- Time since the conviction: The longer it has been since the conviction, the more likely you are to be eligible for a passport.
- Sentence completion: If you have completed your sentence, you may be eligible for a passport.
- Clemency: If you have received clemency, such as a pardon or expungement, you may be eligible for a passport.
What to Do if You Have a Felony Conviction and Want a Passport
If you have a felony conviction and want to apply for a passport, you should:
- Check your eligibility: Review the Department of State’s guidelines to determine if you are eligible for a passport.
- Gather required documents: You will need to provide proof of identity, citizenship, and a valid reason for travel.
- Complete Form DS-11: Fill out the application form and provide any additional information required by the Department of State.
- Submit your application: Take your application and supporting documents to a passport acceptance facility.
- Wait for a decision: The Department of State will review your application and make a decision on your passport eligibility.
Table: Passport Eligibility for Felony Convictions
| Type of Felony Conviction | Passport Eligibility |
|---|---|
| Pending | Not eligible |
| Felony conviction with sentence of less than one year | May be eligible |
| Felony conviction with sentence of more than one year | Not eligible |
| Felony conviction that has been expunged or pardoned | May be eligible |
Conclusion
Having a felony conviction can make it more challenging to obtain a passport, but it’s not impossible. The Department of State considers the type of felony conviction, time since the conviction, sentence completion, and clemency when determining passport eligibility. If you have a felony conviction and want to apply for a passport, you should check your eligibility, gather required documents, complete the application form, and submit your application to a passport acceptance facility.
