Can You Still Get a Passport with a Felony?
If you’re considering traveling abroad, you might be wondering if a felony conviction will prevent you from obtaining a passport. The answer is not a straightforward yes or no. In this article, we’ll explore the complexities of obtaining a passport with a felony conviction and provide guidance on the process.
What is a Felony?
Before we dive into the specifics, 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 felony crimes include murder, burglary, drug trafficking, and embezzlement.
Can You Still Get a Passport with a Felony?
The short answer is yes, but it’s not a guarantee. The U.S. Department of State’s Bureau of Consular Affairs (CA) is responsible for issuing passports. According to the CA, a felony conviction may not necessarily prevent you from obtaining a passport, but it may impact the application process.
Factors That May Affect Your Passport Application
Several factors can affect your passport application if you have a felony conviction:
• Type of felony: The type of felony you were convicted of plays a significant role in the application process. For example, a felony related to fraud or financial crimes may be more likely to impact your application than a non-violent felony.
• Length of time since conviction: The longer it’s been since your conviction, the less likely it is to impact your application.
• Your compliance with court-ordered conditions: If you were sentenced to probation or community supervision, you must comply with the terms of your sentence. Failure to do so may impact your passport application.
• Your immigration status: If you’re not a U.S. citizen, your felony conviction may affect your immigration status and, subsequently, your passport application.
What to Expect During the Application Process
If you have a felony conviction, you can still apply for a passport. However, you should be prepared for the following:
• Enhanced security screening: You may be subject to additional security screening, including background checks and interviews.
• Documentation requirements: You may need to provide additional documentation, such as proof of rehabilitation or a letter from your probation officer, to support your application.
• Passport agent discretion: The passport agent has the discretion to approve or deny your application. They may consider factors such as the severity of your crime, your compliance with court-ordered conditions, and your immigration status.
Table: Felony Convictions and Passport Application
| Felony Type | Impact on Passport Application |
|---|---|
| Non-violent felony (e.g., theft, drug possession) | May not impact application, but additional documentation may be required |
| Violent felony (e.g., assault, burglary) | May impact application, and additional documentation and security screening may be required |
| Felony related to fraud or financial crimes | May impact application, and additional documentation and security screening may be required |
| Felony related to immigration violations | May impact immigration status and, subsequently, passport application |
How to Apply for a Passport with a Felony Conviction
If you have a felony conviction and want to apply for a passport, follow these steps:
- Gather required documents: You’ll need to provide proof of U.S. citizenship, identity, and a valid form of photo identification.
- Fill out the application: You can download and print the application form (DS-11) from the U.S. Department of State’s website or pick one up from a passport acceptance facility.
- Submit your application: Take your application and supporting documents to a passport acceptance facility, such as a post office or library.
- Be prepared for security screening: You may be subject to additional security screening, including background checks and interviews.
- Wait for processing: The passport agency will review your application and supporting documents. This may take several weeks to several months.
Conclusion
Obtaining a passport with a felony conviction is possible, but it’s not a guarantee. The application process may be more complex, and you may need to provide additional documentation and undergo enhanced security screening. It’s essential to be honest and transparent about your felony conviction and to comply with court-ordered conditions. If you’re unsure about your eligibility for a passport or have questions about the application process, consult with a passport acceptance facility or a qualified immigration attorney.
