Can A Felon Get A Passport?
Important Considerations for Healthcare Providers, Government Contractors, and Business Travelers – Can A Felon Get a Passport if Convicted for a Felony?
If you’re a healthcare provider, government contractor, or business owner with a felony on your record, you may wonder whether you can still obtain a U.S. passport. While having a felony doesn’t automatically disqualify you from getting a passport, certain circumstances may limit your ability to travel.
Can Felons Get Passports?
For convicted felons in the United States looking to travel internationally, you may at some point wonder if you can apply for and receive a US passport: can I get a passport with a record? The quick answer is yes, felons in the United States can obtain passports in most cases. However, the process may be more complicated compared to someone without a criminal record.
Passport Eligibility for Convicted Felons in the United States
U.S. citizens have a constitutional right to travel abroad. Having a felony conviction does not automatically disqualify someone from getting a passport. The State Department typically only denies passports for specific reasons like:
- Owing $2,500+ in child support
- Being subject to sex offender registration requirements
- Having a federal or state warrant out for your arrest
- Being convicted of international drug trafficking
So if your felony conviction doesn’t fall into one of those categories, your passport application may still be approved. With that said, having a criminal record can complicate things and requires providing additional documentation.
The Passport Application Process
When applying for a passport with a felony, you’ll need to go through the regular application process. This includes filling out the application form, taking passport photos, providing citizenship evidence, etc.
The main difference is that you must also submit a personal statement explaining your criminal record. This letter should provide details on:
- The date(s) you were convicted
- The specific crime(s) committed
- The sentence(s) imposed
- How much time has passed since completing the sentence
- Any rehabilitation efforts or changes in your life
Submitting the felon passport application statement gives the federal a better context for evaluating your application. It also demonstrates you’ve moved on from past mistakes. Our federal criminal defense lawyers can help you to apply for and get your passport to travel internationally.
Waiting Period for Felon Passport Application
For some federal crimes, such as drug trafficking, a 5-10-year waiting period may be required before getting a passport. This allows for a “cooling off” period to elapse. Other convictions don’t have defined waiting periods. But typically, the longer it’s been since finishing your sentence, the better your chances of approval.
Providing Court Dispositions for Felony Passport Applications
Including official court dispositions with your passport application is also highly suggested. These documents verify details of your case(s) like:
- The specific charges filed
- What counts you were convicted on
- The type of sentence handed down
- When you completed probation, parole, restitution payments, etc.
Court dispositions serve to validate the information in your personal statement. They serve as definitive proof directly from the courts.
Getting U.S. Passport Cards
Passport cards are available to felons for domestic travel to Mexico, Canada, the Caribbean, and Bermuda. The application process is the same as for regular passports. But the waiting time is shorter—only 4-6 weeks for routine passport application service. US Passport cards can’t be used for international air travel. But they provide another option for people needing to take cruises or road trips abroad. By no way is this option to be used to circumvent the system.
What are Some Reasons for Passport Denial of Felons in the United States
There are situations when you, as a business owner or healthcare provider in the United States, will be denied a US passport as a felon. If f you were convicted of drug trafficking after having committed the crime in another country, such as Mexico, you would not be able to obtain a US passport under federal law.
Also, if you are prohibited from leaving the country as a condition of your probation or parole or through a court order, you would also be barred from obtaining a US passport. Lastly, under state and federal law, if you are on a supervised release program for persons who have been convicted of possession or distributing a controlled substance, you will not be able to obtain a US passport.
While most felons can get passports, some applications do end up denied. This also happens if:
- You have an outstanding warrant or pending charges
- You’re behind on child support payments
- You recently committed certain violent or drug trafficking crimes
- You fail to disclose/downplay your criminal history
Providing false information is grounds for immediate denial and can jeopardize future passport applications. That’s why it’s critical to be truthful from the start. Passport officials see minimizing details or leaving parts out altogether as dishonest.
Appealing a Passport Denial
You can file an appeal within 60 days if your passport application gets denied. This involves submitting a formal letter explaining why you believe the denial was unwarranted. Supporting materials like updated court records, proof of rehabilitation, character references, etc. should also be included. Passport denial appeals will not always be successful. Therefore, having realistic expectations is important.
Travel Privileges Can Be Reinstated Over Time
Can A Felon Get A Passport? The bottom line is that having a federal conviction makes getting a passport more difficult but not impossible. While restrictions may be imposed immediately, travel privileges can often be restored over time. Exactly how long depends on the severity of your crimes and the steps you’ve taken to turn your life around.
If you are a government contractor or healthcare CEO, corporate individual or company who need a US Passport to travel internationally, please call or Felon Passport Lawyers at 1.866.601.5518 for a Free Consultation.