Written by When it comes to traveling internationally, obtaining a U.S. passport is an essential step for U.S. citizens. However, for individuals with a criminal history, particularly those with felony convictions, the process of applying for a passport may not be as straightforward. A common question arises: can a convicted felon get a passport? The answer is generally yes, but it depends on several factors. This article explores the conditions under which a felon can obtain a passport, the restrictions that may apply, and the steps to take to ensure the passport application process is successful.
A) Understanding U.S. Passport Eligibility:
It would be prudent first to understand the general conditions for obtaining a U.S. passport before delving into how this felony conviction impacts the prospects of getting a U.S. passport. The United States Department of State has issued passports to U.S. citizens who have generally met the following conditions:
1) Proof of citizenship: Applicants must demonstrate one’s citizenship through either an original birth certificate, a prior passport, or naturalization certificate.
2) Correct Application: The individuals must fill up the appropriate passport application forms, like the DS-11 form, and provide supporting documents.
3) Fee Payment: There is a fee to be paid for the passport application which varies depending on the kind of passport requested.
4) No Legal Impediments: Individuals cannot have unresolved legal matters that will prohibit them from traveling overseas. These can be matters involving child support payments that remain outstanding, or a pending warrant, and more.
Typically, the general majority of individuals will receive a passport based on meeting these qualifications; however, for felons, they can experience some further problems as a result of certain legal constraints related to their offense record.
B) Can A Felon Obtain a Passport?
Yes, for most convicted felons. While a felony conviction does not, per se, bar someone from receiving a passport, there are circumstances where a felon may be refused a passport or even experience a delay in obtaining their passport.
C) Factors That Might Affect a Felon’s Ability to Obtain a Passport:
Several are critical factors in eligibility for the issuance of a passport for a convicted felon. Let’s take those factors into further detail here.
1) Outstanding warrants and other legal issues:
The reason for passport denial for a convicted felon may include outstanding legal issues, such as arrest warrants, unpaid fines, or unresolved child support obligations. The U.S. Department of State checks applicants for any legal impediments that can affect the eligibility to obtain a passport.
If a felon has an outstanding arrest warrant or is owed significant child support, then the passport application could be delayed or denied. In some cases, applicants will need to resolve these issues before submitting their passport application. If a warrant is active, the applicant may need to work with their attorney to clear the warrant or resolve any legal obligations before applying for a passport.
2) Parole or Probation Restrictions:
Felons already under parole or probation also can be restricted from traveling abroad through various means. They are confined through parole and probation and most of the time for traveling abroad. Traveler and passport applicants under the authority of a parole officer must first consult their authority if they are allowed or authorized to travel abroad to be able to obtain an applicant passport.
Even if the passport application of a felon is approved by the U.S. Department of State, he or she might still have to seek permission from their parole or probation officer in order to travel abroad. Violating the conditions of parole or probation may lead to legal consequences such as being incarcerated.
3) Convictions for International Drug Trafficking and Other International Crimes:
Felons are forbidden from obtaining a passport for certain crimes, such as drug trafficking or other serious federal offenses. The International Parental Kidnapping Crime Act can deny a passport to a convicted criminal for any one of the following types of crimes: international drug trafficking.
The U.S. Department of State views these crimes as serious because there is a possibility that convicted felons might use a passport to flee prosecution or pursue further criminal activities abroad. In case the felony included crossing international borders, the application for a passport could face further scrutiny.
4) Federal Limitations on Passport Issuance:
Sometimes, federal laws place a limitation on felons to get a passport. For instance, if someone is convicted of terrorism-related crimes or major financial offenses like money laundering, then there will be a federal restriction to obtain a passport.
In cases involving federal crimes, the U.S. Department of State can deny the passport application based on the nature of the conviction. It is important for felons convicted of federal crimes to understand that the government may consider whether the individual poses a flight risk or could continue committing criminal activities internationally.
D) How to Apply for a Passport as a Convicted Felon:
Despite these potential restrictions, many convicted felons can still successfully obtain a passport if they meet the basic requirements and resolve any legal issues tied to their conviction. Here are some steps convicted felons should take to ensure a successful passport application process.
1) Resolve Legal Issues:
Before applying for a passport, convicted felons should ensure that they have settled all outstanding legal issues. This includes settling unpaid fines, resolving arrest warrants, and addressing child support arrears. If a felon has a criminal case pending or unresolved legal issues, then these must be addressed before he or she can get a passport.
In general, for someone who has served his or her time and is no longer on parole or probation, the application process for getting a passport is less burdensome. However, for those still with outstanding issues, an attorney specializing in criminal defense should be sought to remove them.
2) Get Permission to Leave the Country (If on Probation or Parole):
Felons who are still on parole or probation should contact their parole or probation officer before applying for a passport. Depending on the terms of their release, the supervising officer may grant permission for international travel. Some probation or parole conditions allow travel within certain limits, while others may impose a complete ban on leaving the country.
If permission is permitted, then the parole or probation officer can give written information that could be included along with the application for passport.
3) Be Frank in the Passport Application:
Honesty should characterize the criminal history when one fills out the application. Passing any false information to get this document may lead to the rejection of the passport, besides facing serious legal repercussions. Applicants have to disclose criminal convictions for the U.S. Department of State. The Department of State views omissions as attempts to defraud the government.
A criminal record would not preclude an individual from receiving a passport, but forgetting to disclose it can.
4) Seek the Advice of an Attorney:
An attorney with specializations in criminal law or immigration law must be consulted in case an inmate doubts their eligibility to apply for a passport. Attorneys help navigate this complex legal terrain, thereby ironing out any relevant issues on the legal standing, including those regarding resolution with a passport application procedure. Moreover, they determine the availability of certain legal sanctions which can render a subject ineligible to have a passport issued to him or her.
E) What to Do if Your Passport Application Is Denied:
In case a passport application of a convicted felon is rejected, there are always possibilities of appeal. Depending on the reasons for denial, sometimes, a felon has to collaborate with his attorney to resolve some underlying legal issues or even obtain a waiver. There is a possibility that, depending on the reason, one may appeal the decision and get the legal papers required to apply for a passport.
The Final Words:
The question whether a convicted felon can get a passport is not so straightforward but rather heavily based on the specifics of the conviction and legal situation. Most felons, having completed their sentence, paid their fines, and cleared up legal issues, should be able to apply for a passport. But those still in an unsettled state legally or those on parole or probation may face obstacles or a long delay in their quest for a passport.
Convicted felons who wish to get a passport should ensure they address all lawful impediments and, if true, disclose such facts about themselves on the application; they should seek professional advice when the need arises. This procedure ensures that the proper avenue is taken to resolve outstanding legal issues before attempting to get a passport, most of which is granted or issued successfully.
