You are not automatically denied a passport because of a felony. Passport eligibility is only prohibited for those who have committed specific felonies, such as certain drug convictions. Furthermore, getting a passport might be impossible for people who owe back taxes, child support, or federal loans.
Having a felony on your record can have a variety of effects on you, especially when you’re trying to get certain services. What about obtaining a passport, though? You might need to travel abroad for a while, and you’ll need a passport to do that. But if you have a felony, can you still get a passport? Let’s find out!
If You Have A Criminal Record, How Do You Obtain A Passport?
Does a felon qualify for a passport? Not just a yes or no, is the answer. While some nations will refuse entry to anyone with a felony conviction, many nations are more lenient. Criminals typically need a waiver from the nation they intend to travel to before they can be given a passport.
The opportunity to travel abroad often makes the waiver process worthwhile despite its time and cost. So if you’re wondering “Does a felon qualify for a passport?,” the answer is yes – but it may take some extra effort.
Anyone who wants to travel internationally must have a passport. You must apply for a passport well in advance of your trip, and depending on the nation, you may not be admitted unless your passport is valid for at least six months.
The majority of the time, passport applications are straightforward, especially if the applicant has no criminal history. But getting a passport will be more difficult for those who have felony charges.
It depends on the felons, but having felony charges does not guarantee that you won’t be able to obtain a passport. You might not be eligible for a U.S. visa in certain situations involving felonies. passport.
However, you ought to be able to apply for the passport provided that you do not have any felonies that specifically bar you from receiving the travel document.
Who Is Not Qualified To Receive A Passport?
There can be severe repercussions if you are found guilty of a crime. Obtaining a passport is one of them. You may not be able to apply for a passport depending on the nature of the offense. Here are a few things that will stop you from receiving your travel documents.
- International drug trafficking convictions for felonies.)
- Certain other drug convictions (Distribution of controlled substances)
- Child support cases (Owing more than $5000 US)
- Unpaid Federal taxes or loans
- Being a minor who does not have parental consent to obtain a passport
Felony Offenses That Can Prevent You From Getting A Passport
It’s unfortunate to be convicted of a crime. You may experience difficulties with your passport application in addition to having felonies on your record and potentially harming your reputation.
A person may occasionally lose their ability to get a passport if they commit a specific category of offense. Here are the situations when you won’t be able to get a passport after a felony:
Felony Drug Convictions
Federal statute 22 U.S.C. 2714 mentions how the For anyone who has been found guilty of a federal, state, or felony drug offense, the United States government will not issue a passport. This applies if the person who committed the felony drug conviction did so while using a passport or while the crime was being committed while they were crossing international borders.
A person’s passport may be revoked in some circumstances if they already had one when they were found guilty of the felony. The disqualification is in effect while you are serving time in jail, while you are on parole or both.
Particular Other Drug Convictions
Even if you don’t use drugs yourself, you might be involved in dealing and distribution, which could lead to a criminal conviction.
The law surrounding drug distribution and obtaining a passport after a conviction is not entirely clear, but your chances of doing so are either slim or nonexistent. Additionally, you might lose your passport, making it impossible for you to travel abroad.
The United States may bar you from running if you are found guilty of misdemeanor drug or federal charges. Only misdemeanor drug charges involving first-time possession of any controlled substance will be an exception, according to the Secretary of State. Only the Secretary of State has the authority to make exceptions in humanitarian situations.
Child Support Court Cases
In order to avoid having their passport application denied, parents who must pay child support must make sure they adhere to this requirement.
If you want to get a passport but have child support that is over $5,000 in arrears, you won’t be able to do so. Therefore, it is your responsibility to either make arrangements for a payment schedule or ensure that you pay the full amount. After all, you want to guarantee that you can both support your child and exercise your right to travel internationally.
You can travel to the US once you have paid the child support. Removing your name from a list of outstanding debts requires contacting the Department of Health and Human Services. Updated records are typically sent to the U.S. so that it can be determined who is responsible for paying child support. Department of State.
Other Drug Convictions
Your chances of obtaining a passport may be slim or nonexistent if you were convicted of a crime related to dealing with or distributing any controlled substances. The law surrounding this kind of conviction is somewhat hazy. However, if you are turned down for a passport, it might keep you from traveling internationally. Unless the misdemeanor drug charges are for first-time possession of a controlled substance, the US Secretary of State may disqualify you if you have a conviction for a misdemeanor state or federal drug charge. In humanitarian situations, only the Secretary of State may make an exception.
Child Support Cases
You won’t be able to obtain a passport if your unpaid child support arrears total more than $5000. Make plans to pay it in full or establish a payment schedule prior to applying. You won’t be taken off a list of outstanding arrears by the US Department of Health and Human Services until you can do either of those two things. The US Department of State frequently receives an updated copy of the record to confirm who is responsible for paying child support.
Unpaid Federal Taxes Or Loans
Anyone who is employed legally in the US should be paying taxes to the government. You cannot obtain a passport if you failed to file your taxes or, worse yet, owe the federal and state governments money. In addition, your application for a passport may be rejected if you at some point borrowed federal loans to pay for your education but did not pay them back. You must pay back any unpaid debts to the IRS or loan providers by either creating a payment plan or paying it off in full in order to get the denial lifted.
What Effect Does A Felony Charge Have On Getting A Passport?
As long as the applicant is not already prohibited from leaving the country, is on probation or parole, or is in the midst of a legal proceeding, having a felony charge does not prevent them from getting a passport.
If a person is charged with a crime, the Secretary of State has the authority to revoke or cancel their passport, even if it was issued before the offense was committed. If this happens, you won’t be able to get a new passport until the criminal case is finished. This prevents a felon facing a court date from emigrating to a country with which the United States has diplomatic relations. has no extradition treaty.
How Do I Get A Passport If I Owe Back Child Support?
As previously mentioned, getting a passport is not possible for people who owe more than $2,500 in child support. Before you can get a U.S. passport, if you owe back child support, you must settle your arrears. passport. By contacting the state’s child support enforcement organization, you can arrange to pay your back child support. The Department of Health and Human Services (HHS) will be notified of your payment once the child support agency has received it. Your application will be processed following notification to the Department of State that HHS has removed your name from its list.
Getting A Passport For A Convicted Felon
Form DS-11: Application for a U.S. Visa must be filled out by a first-time applicant. At a Passport Agency or Passport Acceptance Facility, you can apply for a passport in person or online. If your passport was issued more than five years ago, you must fill out this form. Form DS-82 must be filled out in order to renew a passport that is less than 15 years old. Complete Form DS-64 if your passport is missing or stolen. Try to be completely sincere. Complete the form completely to prevent delays.
A certified copy of your birth certificate, a previous passport, a naturalization certificate, a certificate of citizenship, or a consular report of birth abroad is acceptable forms of identification for proving your citizenship. Give a copy of your photo ids, such as a driver’s license, student or military ID card, or other forms of current identification.
Final Thoughts
Even more so if the particular felony bars you from getting a passport, getting a passport after being convicted of a felony can be challenging. The procedure is more difficult, but if you follow the law exactly, you might be able to get the required travel document.