Traveling With A Criminal Record: Obtaining A Passport

Convicted felons in the US can obtain a passport in most cases, but the process is often more complicated than for those without a criminal record. While a felony conviction does not automatically disqualify someone from getting a passport, certain circumstances may limit their ability to travel. For example, the State Department typically denies passports to those owing over $2,500 in child support, those subject to sex offender registration requirements, those with an arrest warrant, and those convicted of international drug trafficking.

What are the reasons for passport denial?

Reasons for Passport Denial

While a felony conviction does not automatically disqualify someone from getting a passport, there are several reasons why a passport application may be denied. Here are some common reasons for passport denial:

Incomplete or Incorrect Application

The most common reason for passport denial is an incomplete or incorrect application. It is important to carefully read and follow the instructions provided on the application form. Mistakes in filling out the application, such as using the wrong colour pen, inconsistent signatures, or submitting incorrect or incomplete information, can lead to delays or rejection.

Passport Photo Requirements

Passport photos must adhere to strict criteria, including size, background colour, lighting, and image quality. Submitting a passport photo that does not meet these requirements can result in the application being delayed or denied.

Insufficient Proof of Citizenship

Applicants must provide sufficient proof of citizenship when applying for a passport. This typically includes providing an original or certified copy of the long-form birth certificate, which includes the full names of both parents. Failure to provide the required documents can delay or deny the application.

Unpaid Child Support

In the United States, owing more than $2,500 in child support payments can result in a passport denial. The State Department may put a block on passport issuance until the applicant provides proof of payment or an agreement to make payments.

Outstanding Federal Loan or Debt

Applicants who have received a loan from the government for repatriation, emergency medical care, or evacuation from a crisis situation must repay the loan to be eligible for a passport. Failure to repay such loans will result in passport denial or revocation.

Criminal Record and Legal Issues

A criminal record, especially for certain types of felonies, can complicate passport applications. Here are some specific reasons related to criminal convictions or legal issues that may lead to passport denial:

• Federal arrests and felonies: If an individual has federal arrest warrants or is under parole or probation for felony convictions, they are typically ineligible for a passport.
• Sex offender registration requirements: Individuals subject to sex offender registration may be denied a passport.
• Outstanding warrants or pending charges: An outstanding arrest warrant or pending criminal charges can result in passport denial.
• Recent conviction for certain crimes: Conviction for certain violent crimes or drug trafficking offences can be a reason for passport denial.
• Failure to disclose criminal history: Providing false information or failing to disclose a criminal record can lead to immediate passport denial and jeopardise future applications.
• International drug trafficking: Conviction for international drug trafficking is a specific reason for passport denial.
• Court order, parole, or probation restrictions: If an individual is forbidden to leave the country as a condition of their parole, probation, or court order, they will be barred from obtaining a passport.
• Unpaid taxes or federal debts: Owing money to the IRS or having unpaid federal taxes can impact passport eligibility.

It is important to note that the specific criteria for passport denial may vary depending on the country issuing the passport, and each case is evaluated individually. Additionally, even if a passport is granted, entry into other countries may still be restricted due to an individual's criminal record or other factors.

What is the passport application process for felons?

The passport application process for felons is similar to the standard procedure, but there are some additional requirements and considerations to keep in mind. Here is a step-by-step guide to help you navigate the passport application process as a convicted felon:

Step 1: Check Your Eligibility

Before starting the application process, it is important to understand the factors that may impact your eligibility for a US passport as a felon. While a felony conviction does not automatically disqualify you from obtaining a passport, certain circumstances and types of convictions can cause complications. These include:

• Federal arrests and felonies: If you have federal arrest warrants, are on parole, or are under probation for felony convictions, you will not be able to obtain a US passport.
• Child support payments: Failure to pay child support exceeding $2,500 is a disqualifying factor.
• Government loans: If you received a loan from the US government for repatriation or emergency medical care and have not repaid it, you will not be eligible for a passport.
• Substance convictions: Drug-related offenses, including federal drug charges, can result in passport denial and hinder your ability to enter other countries.
• Multiple convictions: While a single felony may not be a disqualifier, multiple convictions indicate a pattern of behaviour that could lead to disqualification.
• Other serious crimes: Crimes such as cybercrime, human trafficking, tax evasion, kidnapping, animal cruelty, sexual assault, child pornography, and murder may also result in passport denial.

Step 2: Gather Supporting Documents

If this is your first adult passport, you will need to provide original and photocopy documents that certify your citizenship. This can include a birth certificate or a certificate of naturalization. You will also need a valid photo ID and a photocopy, such as a driver's license, permanent resident card, or trusted traveller card. If you are renewing your passport, you will need to submit your current or expired passport. Additionally, providing official court documents stating that you are no longer on parole or probation is crucial.

Step 3: Complete the Application Form

You will need to fill out and print the appropriate passport application form. For first-time passports, use Form DS-11, and for renewals, use Form DS-82. Be sure to disclose your criminal history and provide detailed information about your convictions, sentences, and any rehabilitation efforts. Remember that providing false information or omitting relevant details can lead to immediate denial and jeopardise future applications.

Step 4: Pay the Fees

Passport applications incur fees that can be paid using a debit card, credit card, or transfer. The amount may vary depending on your specific circumstances, so it is recommended to refer to the latest fee guidelines.

Step 5: Provide a Passport Photo

You will need to submit one colour photo that complies with the US passport photo requirements. It is important to ensure that your photo meets the specified standards to avoid delays in the processing of your application.

Step 6: Submit Your Application

For first-time passport applications, make an appointment at a nearby passport acceptance facility. Alternatively, if you are renewing your passport, you can mail your application by stapling your passport photo to the application form. The standard processing time for passport applications is 6-8 weeks, but there may be additional waiting periods for certain convictions.

Step 7: Be Prepared for Possible Delays or Denials

The passport application process for felons can be more complex and may take longer than the standard procedure. Some federal crimes, such as drug trafficking, may require a 5-10 year waiting period before a passport can be issued. Additionally, your application may be denied if you have an outstanding warrant, pending charges, or have failed to disclose your criminal history accurately. If your application is denied, you have the right to appeal the decision or file a formal letter of appeal within a specified timeframe.

Can felons travel internationally?

In most cases, felons can obtain passports, but the process is more complicated than for those without a criminal record. While a felony conviction does not automatically disqualify someone from getting a passport, certain circumstances and types of convictions may cause complications.

Passport eligibility for felons

U.S. citizens have a constitutionally protected right to travel abroad. The State Department typically only denies passports for certain reasons, including:

• 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

The passport application process for felons

The application process for felons is the same as for other citizens, but with some added steps. As well as filling out the application form, taking passport photos, and providing citizenship evidence, felons must also submit a personal statement explaining their criminal record. This statement should include:

• The date(s) of conviction
• The specific crime(s) committed
• The sentence(s) imposed
• How much time has passed since completing the sentence
• Any rehabilitation efforts or changes in their life

Waiting periods

For some crimes, such as drug trafficking, there may be a 5-10 year waiting period before a passport is granted. This is to allow for a "cooling off" period.

Getting U.S. passport cards

Passport cards are available 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 (4-6 weeks). Passport cards cannot be used for international air travel but are useful for cruises or road trips.

Possible reasons for passport denial

While most felons can get passports, some applications are denied. This usually happens if:

• There is an outstanding warrant or pending charges
• The applicant is behind on child support payments
• The applicant has recently committed certain violent or drug trafficking crimes
• The applicant fails to disclose or downplays their criminal history

Appealing a denial

If a passport application is denied, an appeal can be submitted within 60 days. This should take the form of a formal letter explaining why the denial was unwarranted, supported by materials such as updated court records, proof of rehabilitation, and character references.

Travel privileges can be restored over time

Having a felony conviction makes getting a passport more difficult but not necessarily impossible. While restrictions may be imposed right away, travel privileges can often be restored over time. The length of time this takes depends on the severity of the crimes committed and the steps taken to turn one's life around.

International travel with a felony conviction

Even if a felon manages to secure a passport, international travel can still be difficult. Each country has its own rules regarding entry, and almost all will take an interest in a person's criminal record. Certain border agencies with agreements with the U.S. can perform a criminal background check on international travellers. It is important to carefully research the entry requirements for each country before planning a trip, as being denied at the border could result in deportation.

Countries that refuse entry to felons

Different countries have different laws and policies regarding the entry of felons. Some countries that are known to refuse entry to felons include:

• Canada: A DUI conviction can make a person criminally inadmissible.
• Japan: Entry is typically denied to individuals convicted of drug offenses or crimes involving moral turpitude.
• The U.K.: Entry is evaluated on a case-by-case basis, but serious criminal history, especially violent or sexual crimes, may result in denied entry.
• Australia: Anyone with a substantial criminal record, including sentences totaling 12 months or more, may be refused entry.
• China: The visa application process requires the disclosure of criminal history, and a felony conviction may result in a visa denial.

What countries refuse entry to felons?

While a felony conviction does not mean that you cannot obtain a passport, it can make it more difficult to travel internationally. Different countries have their own laws and policies about whom they allow in. Here are some countries known to refuse entry to felons:

• Canada has strict immigration laws and is known to be one of the strictest countries when it comes to admitting individuals with felony records. A DUI conviction, for example, can make you criminally inadmissible. In certain cases, you may apply for "rehabilitation" or a temporary resident permit, but this is generally a lengthy and complex process.
• Japan typically does not allow entry to individuals who have been convicted of drug offences or crimes involving moral turpitude. A visa is required for a stay longer than 90 days, and visitors who have been imprisoned for more than a year are likely to be denied a visa. Japan also has a zero-tolerance policy against immigrants with drug-related convictions.
• The United Kingdom evaluates entry on a case-by-case basis, but serious criminal history, especially violent or sexual crimes, may result in denied entry.
• Australia has a strict immigration policy that also extends to individuals with a criminal background. Anyone with a substantial criminal record, including sentences totalling 12 months or more, may be refused entry.
• China's visa application requires the disclosure of criminal history, and a felony conviction may result in a visa denial.
• New Zealand requires individuals to provide all criminal records when applying for a visa or entering the country. Border officials can deny entry to individuals they suspect have "criminal tendencies". A prison sentence of 5 or more years or a criminal conviction within the last 10 months that resulted in at least a year of imprisonment will result in a denial.
• United States entry requirements state that those convicted of aggravated felonies—loosely defined as any offence that merited imprisonment for a year or longer—are unlikely to be granted entrance or permanent residency.
• India requires most visitors to obtain an electronic visa, which entails declaring any previous crimes.
• South Africa requires visitors to declare their criminal histories in detail, including pending legal actions and memberships in organisations with illegal activities.

What could disqualify you from obtaining a US passport?

A US passport is essential for international travel, but several factors can disqualify an applicant from obtaining one. Here are some of the key reasons that could lead to a US passport application being denied:

Legal Issues

Certain criminal convictions, ongoing legal matters, and financial obligations can prevent an individual from obtaining a US passport. The State Department reviews each case individually, considering the type of crime and how long ago it occurred. Some criminal offenses that often lead to passport denial include drug trafficking, treason, and other serious crimes against the US. People on probation or parole may need permission from their supervisors to apply.

Pending Legal Actions and Outstanding Warrants

Open court cases, including both criminal and civil matters, can cause a delay or denial of a passport application. Active arrest warrants will typically result in passport denial, and applicants must resolve these issues before reapplying. Even smaller legal problems, such as unpaid traffic tickets, can cause delays, so it is advisable to clear up all legal matters before applying for a passport.

Child Support and Alimony Arrears

Owing more than $2,500 in child support or alimony debts can block passport approval. Applicants need to pay what they owe or work out a payment plan with the court to become eligible for a passport.

Application Issues and Documentation

Passport applications require specific documents to prove identity and citizenship. Missing or incorrect documents can lead to delays or denial. Providing false information or fraudulent statements, such as fake names, untrue claims of US citizenship, or hiding criminal records, is a serious offense that can result in fines, jail time, and future passport bans.

Owing Federal or State Debts

Unpaid government debts, including back taxes to the IRS, overdue federal student loans, and unpaid child support, can block passport approval. For back taxes, the threshold is typically $52,000 or more. Applicants with these debts should aim to pay or set up payment plans before applying for a passport.

Previous Passport Issues

Unpaid passport fees or lying on a past application can lead to passport denial. Passport fraud, including using fake documents or someone else's identity, can result in a ban from obtaining a passport for several years.

Substance Abuse and Mental Health

A history of drug addiction, especially if it involves international drug trafficking, can impact passport eligibility. Some mental health conditions may also be a concern if an individual has been legally declared unable to make their own decisions.

Frequently asked questions