Can You Get a Passport with a Felony Conviction?
If you have a felony conviction on your record, you may be wondering if you can still obtain a passport. The short answer is yes, but it’s not a straightforward process. In this article, we’ll delve into the details and provide guidance on how to navigate the application process.
What Is a Felony Conviction?
Before we dive into the passport application process, it’s essential to understand what a felony conviction is. A felony conviction is a criminal conviction that carries a sentence of more than one year in a state or federal prison. Felonies are considered more serious crimes than misdemeanors, which carry lighter sentences.
Passport Application Process
To obtain a passport, you’ll need to apply through the U.S. Department of State’s Bureau of Consular Affairs. The application process typically involves the following steps:
- Form DS-11: Complete the application form (Form DS-11) online or by hand. Do not sign the form until instructed to do so by an acceptance agent.
- Proof of Citizenship: Provide proof of U.S. citizenship, such as a birth certificate or naturalization certificate.
- Proof of Identity: Provide proof of identity, such as a driver’s license or government-issued ID.
- Passport Photo: Submit one recent, color photograph that meets the Department of State’s requirements.
- Payment: Pay the application fee, which currently stands at $110 for a U.S. passport book or $40 for a U.S. passport card.
Felony Conviction and Passport Application
If you have a felony conviction, you’ll need to disclose this information on your passport application. Failure to do so can result in the denial of your application or even criminal prosecution.
Types of Felony Convictions
The Department of State considers different types of felony convictions differently. Here are some examples:
- Non-political crimes: If you have a felony conviction for a non-political crime, such as a drug-related offense or a violent crime, you may still be eligible for a passport.
- Political crimes: If you have a felony conviction for a political crime, such as treason or espionage, you may not be eligible for a passport.
- Crimes involving moral turpitude: If you have a felony conviction for a crime involving moral turpitude, such as fraud or embezzlement, you may not be eligible for a passport.
Waiver of Exclusion or Deportation
In some cases, the Department of State may grant a waiver of exclusion or deportation if you have a felony conviction. This is typically done on a case-by-case basis and requires a thorough review of your application and criminal history.
Table: Felony Conviction and Passport Application
| Felony Conviction | Passport Eligibility |
|---|---|
| Non-political crime | Eligible for passport |
| Political crime | Not eligible for passport |
| Crime involving moral turpitude | Not eligible for passport |
| Waiver granted | Eligible for passport |
Conclusion
In conclusion, while a felony conviction may not automatically disqualify you from obtaining a passport, it’s essential to disclose this information on your application and be prepared to provide additional documentation and information. The Department of State will review your application on a case-by-case basis, and a waiver of exclusion or deportation may be granted in certain circumstances.
Additional Tips
- If you have a felony conviction, it’s recommended that you consult with a legal professional or a passport expert to ensure you’re completing the application process correctly.
- Be prepared to provide detailed information about your felony conviction, including the offense, sentence, and any subsequent rehabilitation or treatment.
- If your felony conviction is related to a crime involving moral turpitude, you may want to consider applying for a limited-validity passport, which can be issued for emergency travel only.
By understanding the passport application process and the impact of a felony conviction, you can increase your chances of successfully obtaining a passport and traveling internationally.
