Can you get a passport with a felony? Legal rules can be complex.
This guide will help.
We’ll cover passport eligibility for felons, disqualifying felonies, and travel restrictions.
Let’s dive in.
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Can Felons Get Passports?
In short, most felons can get a US passport, but the process is more complicated than for applicants with a clean record.
Still, the question of, “Can you get a passport as a felon?” boils down to what felony you committed and when.
What Felonies Disqualify You from Getting a Passport?
Can a passport be denied due to a felony? Yes. If you’ve been convicted of any of the following felonies, you won’t be allowed to get a passport.
- Cybercrime
- Human trafficking
- Federal drug charges, including trafficking, manufacturing, and selling drugs
- Tax evasion
- Kidnapping
- Animal cruelty
- Sexual assault
- Child pornography
- Murder
- Multiple convictions
- Other severe crimes
But serious felonies aren’t the only reason you could be denied a passport.
Passport Information for Law Enforcement reports the agency may ask the US Department of State not to issue a passport if:
- You owe more than $2,500 in child support.
- There’s a valid federal warrant or a federal/state criminal court order in your name.
- You’re on parole and aren’t allowed to leave the US.
- There’s an extradition request in your name.
- You owe $50,000 or more in federal loans or delinquent tax debt.
Can an ex-felon get a passport?
Yes, but the question of “when” isn’t that simple.
Some criminal charges may have a “cool-off” waiting period (usually several years) that needs to pass before you can apply for a passport. These periods are unclear, so consult a lawyer or law enforcement for guidance.
As a rule of thumb, the longer it’s been since you served your sentence, the better your chances of getting a passport.
How to Apply for a Passport as a Convicted Felon
The passport application process for felons is the same as the standard procedure, but you must submit additional documents related to your criminal records.
Here’s what you need:
- Collect all supporting documents
- If you’re applying for your first passport as an adult, prepare an original and a photocopy of a birth certificate or any other document certifying your citizenship (e.g., a certificate of naturalization).
- Prepare a valid photo ID and a photocopy. You can use your driver’s license, enhanced driver’s license, permanent resident card, or a trusted traveler card (NEXUS, Global Entry, SENTRI, or FAST).
- If you’re renewing your passport, submit your current or expired passport.
- Provide official court documents stating you’re no longer on parole or probation.
- Fill out and print a form.Fill out Form DS-11 (first-time passport) or Form DS-82 (for renewals) and print it out.
- Pay the fees.Read our guide on how much a passport costs to find out which fees apply in your case. You can pay them with a debit card, credit card, or transfer. If you need help, we have an article discussing how to fill out the money order for a passport.
- Take a photo.You need one color photo that meets US passport photo requirements.
- Apply.Make an appointment at a nearby passport acceptance facility to apply for your first passport. You can also renew your passport by mail, in which case you need to staple your passport photo to the application form.
Keep in mind that submitting an unacceptable picture might delay your passport application, which already takes 6–8 weeks. Our photo experts can help ensure this doesn’t happen.
Simply download the PhotoAiD® app for iOS or PhotoAiD® for Android for free, take a self-portrait following the on-screen instructions, and let us handle the rest.
Or take a photo with your phone’s camera and upload it directly to our in-browser tool here:
Travel Restrictions for Convicted Felons
A US passport theoretically allows you to travel internationally, but many countries have strict immigration laws. They might deny entry if you’ve been convicted of a felony, even if it was years ago.
Here’s a list of countries that don’t allow felons:
- Cuba
- Canada
- Argentina
- United Kingdom
- South Africa
- Kenya
- Israel
- Iran
- India
- China
- Japan
- Taiwan
- Australia
- New Zealand
On a good note, prior felons can visit nearly every European country. So, while you can’t go on a cruise to Canada, you can hop on a flight to France or Germany once you get a valid passport.
Pro tip: US citizens can travel to select countries without a passport. See where you can travel without a passport.
Traveling to countries that require a visa
When applying for a visa (if required), you’ll need to truthfully answer a long list of questions about your criminal past and provide the necessary documentation. For example, Australia and New Zealand are well known for their strict immigration policies.
Still, you should always check a country’s entry rules; it’s possible your charge isn’t on the list and won’t spoil your travel plans.
Can Felons Get a Passport: Recap
So, can a felon get a passport? It all depends on the type of felony you’ve committed and when.
For serious crimes, you may need to wait several years after serving your sentence to apply. In other cases, you can apply once you’re off parole or probation.
However, some felonies will prevent you from getting a passport altogether. See the graphic below.
FAQ
Can you travel abroad with a felony conviction?
Most ex-felons can get a passport and travel abroad. However, some countries don’t allow entry to convicted felons, even if they served a sentence years ago.
How long before a felon can get a passport?
It depends on the felony. Some crimes have a “cool-off” period (up to several years) before an ex-felon can apply for a passport. We suggest you contact a lawyer or law enforcement to confirm if waiting time applies in your case.
Can a felon get a passport to leave the country?
In most cases, yes. But it depends on the felony you committed. Felons convicted of the following crimes will likely be on a passport-denial list:
– Cybercrime
– Human trafficking
– Drug-related charges (trafficking, manufacturing, and selling drugs)
– Tax evasion
– Kidnapping
– Animal cruelty
– Sexual assault
– Child pornography
– Murder
– Multiple convictions
– Other severe crimes
Can a non-violent felon get a passport?
Not necessarily. For example, drug-related charges (selling, manufacturing, or trafficking) can be labeled as non-violent but can still make getting a passport impossible. Other non-violent felonies that disqualify you from getting a passport include:
– Cybercrime
– Tax evasion
– Multiple convictions
Can you get a passport with a DUI?
DUI charges usually won’t put you on a passport-denial list unless you have an outstanding warrant in your name or are on parole and not allowed to leave the country.
Still, even though DUI doesn’t show up on your passport, it may prevent you from traveling to countries that refuse entry to convicted felons.
Can you get a passport with a warrant or while on probation?
No, you can’t. A passport will be denied to anyone with a valid warrant in their name. Similarly, you can’t get a passport on probation.
Sources:
- https://travel.state.gov/content/travel/en/passports/legal-matters/child-support.html
- https://travel.state.gov/content/travel/en/passports/legal-matters/law-enforcement.html
- https://www.justice.gov/sites/default/files/pardon/legacy/2006/11/13/collateral_consequences.pdf
- https://worldpopulationreview.com/country-rankings/countries-that-dont-allow-felons
- https://travel.state.gov/content/travel/en/passports/need-passport/apply-in-person.html
Sylwia is a skilled writer with a BA in English Studies and an active SPJ member. For nearly three years now, she’s been writing captivating articles for international companies, turning her lifelong passion into a career.