Can Felons Get a Passport? What the Law Says and Exceptions
Explore how felony convictions, legal obligations, and travel restrictions can affect U.S. passport eligibility and the steps to navigate the process.
Many assume a felony conviction automatically prevents someone from getting a U.S. passport, but the situation is more nuanced. Whether for work, family visits, or vacation, understanding how a criminal record affects international travel eligibility is crucial, especially given common misconceptions.
This article outlines the laws governing passport issuance for individuals with felony records, including key restrictions and exceptions.
Legal Criteria for Passport Eligibility
The fundamental requirement for a U.S. passport is proof of U.S. citizenship or status as a U.S. non-citizen national. Federal regulations specify that only U.S. nationals are eligible. This includes citizens and certain individuals born in U.S. territories who owe allegiance to the U.S.
Applicants must provide primary evidence of citizenship, such as an original or certified U.S. birth certificate meeting specific state requirements, a Consular Report of Birth Abroad, a Certificate of Naturalization, or a Certificate of Citizenship.1USCIS. How Do I Prove U.S. Citizenship? A valid, undamaged U.S. passport, even if expired, also serves as proof. Physical documents are generally required; digital copies are usually not accepted.
Applicants must also verify their identity, typically with a valid government-issued photo ID like a driver’s license, an undamaged passport, a Certificate of Naturalization or Citizenship, a government employee ID, or a U.S. military ID. Photocopies of both citizenship and identity documents are needed. If primary ID is unavailable, alternative secondary identification may be required, as detailed by the Department of State.
The application form, usually DS-11 for first-time applicants, must be completed accurately but signed only when instructed by an authorized passport acceptance agent.2U.S. Embassy & Consulates. DS-11 Application for a U.S. Passport First-time applicants must verify their application under oath at a designated facility, such as a post office or library.3U.S. Department of State. Apply for Your First Passport as an Adult A compliant passport photo and payment of applicable fees are also necessary. These steps constitute the basic legal requirements for passport eligibility.
Impact of Felony Convictions
While most felony convictions do not automatically bar individuals from obtaining a U.S. passport, certain types can lead to mandatory denial or revocation under federal law. The Department of State evaluates applications based on specific criteria, focusing on the nature of the felony and related circumstances rather than just the existence of a record.
Federal law mandates passport denial or revocation for individuals convicted of a federal or state felony drug offense if they used a passport or crossed an international border while committing the crime.4Legal Information Institute. 22 U.S. Code § 2714 – Denial of Passports to Certain Convicted Drug Traffickers This restriction applies while the person is imprisoned or under parole or supervised release for that conviction. A felony, in this context, is an offense punishable by death or imprisonment for over one year.
Other felony-related situations can also result in passport denial. The Department of State may refuse a passport if an applicant is subject to an outstanding federal, state, or local felony arrest warrant.5U.S. Department of State. Passport Information for Law Enforcement This reflects concerns about individuals potentially fleeing prosecution.
Passport denial may also occur if the Department of State is informed by competent authorities, like foreign governments or international organizations, that the applicant faces a felony arrest warrant in another country. While many individuals with felony records can obtain passports after completing their sentences, convictions tied to international drug trafficking or outstanding felony warrants present significant legal hurdles.
Probation or Parole Restrictions
Being on probation or parole introduces specific considerations for passport eligibility and international travel. While supervision status alone doesn’t automatically disqualify someone under federal regulations, the conditions imposed by the court or supervising agency are critical.
The primary barrier for individuals on probation or parole is often the standard terms of their supervision. Courts and parole boards typically restrict movement, often limiting travel to within a specific district or state and almost always prohibiting international travel without explicit prior permission.6U.S. Courts. U.S. Passports and Conditions of Supervision These conditions ensure individuals remain accessible for supervision requirements like meetings and drug tests. Standard conditions usually require advance notice and written permission from the supervising officer for any travel outside the immediate area.
Therefore, even if someone on probation or parole obtains a passport, using it for international travel without authorization violates their supervision terms. This can lead to revocation of probation or parole and imprisonment. Obtaining permission requires a formal request to the supervising officer, who considers the travel reason, compliance history, and potential risks. International travel approval might also need court or parole board consent, often requiring requests submitted well in advance. Permission is typically granted only for compelling reasons, such as verified family emergencies or essential work, and rarely for leisure.
Unpaid Obligations Affecting Passport Approval
Certain unpaid financial obligations can prevent passport issuance, separate from any criminal record. The most common issue is significant child support arrears. Federal law requires the Department of State to deny passport applications and allows it to revoke or limit existing passports for individuals owing $2,500 or more in past-due child support.7U.S. Department of State. Pay Your Child Support Before Applying for a Passport This is managed through the Passport Denial Program.8Administration for Children and Families. How Does the Passport Denial Program Work?
State child support agencies certify individuals with substantial arrears to the federal Department of Health and Human Services (HHS), which then informs the Department of State. Once listed, an individual generally cannot receive a passport, except potentially a limited one for direct return to the U.S. if abroad.
This denial is based solely on the certified debt. Affected individuals are notified upon denial and directed to the state agency that reported the debt. Resolution requires addressing the arrears, either by full payment or establishing a satisfactory payment plan, according to state policy. Only the certifying state agency can request removal from the denial list, a process that can take several weeks before the State Department can proceed.
Other federal debts can also cause issues. A passport may be denied if an applicant has defaulted on a federal repatriation loan. Additionally, the IRS certifies individuals with “seriously delinquent tax debt” (over $60,000 as of early 2024, adjusted annually) to the State Department, which generally prohibits passport issuance or renewal and may revoke existing ones.9Internal Revenue Service. Revocation or Denial of Passport in Cases of Certain Unpaid Taxes Defaulted federal student loans do not currently trigger passport denial. Addressing these specific financial obligations with the relevant agencies (HHS, IRS, State Department) is necessary for passport approval.
Reapplying After a Past Denial
A passport denial does not permanently bar future international travel. Individuals whose applications were refused can often reapply once the reason for denial is resolved. The path forward depends on the specific grounds cited for the initial rejection.
If denial was due to a temporary legal issue, such as an outstanding felony warrant, clearing that issue removes the barrier. For example, resolving a warrant or completing a sentence and supervision period for a disqualifying drug offense allows reapplication.
Reapplying typically involves submitting a new application package, usually Form DS-11, even if previously denied.10USAGov. Apply for a New Adult Passport Applicants must again provide proof of citizenship and identity, a new photo, and pay current fees. The application must be submitted in person at an acceptance facility for oath administration.
Crucially, reapplying without proof that the original denial reason has been rectified is unlikely to succeed. The Department of State keeps records of past denials. Applicants should be prepared to provide evidence, such as court documents vacating a warrant or records showing completion of sentence/parole, demonstrating the disqualifying condition no longer exists.
When to Seek Legal Assistance
While many individuals with felony records obtain passports without difficulty, certain complex situations may benefit from legal consultation.
Legal advice might be useful when there is uncertainty about whether a specific conviction falls under categories mandating denial, such as certain drug offenses involving international activity. Interpreting the implications of court orders or supervision conditions forbidding departure can also be complex. An attorney experienced in administrative law may clarify how regulations apply to specific circumstances.
Situations involving potential inaccuracies in criminal records available to the State Department, or disputes over whether a warrant remains outstanding, might also warrant legal help. Counsel could assist in presenting evidence to correct records or show a disqualifying condition is resolved, especially if denial is based on potentially outdated information.
Legal assistance may also be advisable for denials linked to international legal matters, like extradition requests or foreign felony warrants. These scenarios involve coordination between U.S. and foreign authorities, adding legal complexity. While the State Department provides denial reasons, navigating the resolution of these underlying international issues often benefits from professional legal support familiar with the relevant laws. Although not always necessary, legal consultation can be beneficial in these specific complex circumstances.