A US passport is a form of federal identification that allows Americans to travel abroad. The US Department of State issues passports, but they’re not easy to get. You need to apply for one and provide all the necessary documentation.
If you’re an American citizen in possession of a criminal record, it’s possible that you’ll be denied a new passport or even have your current one taken away from you – even if you’ve never traveled outside the United States.
The good news is that there are procedures in place to get a passport for that next trip to Jamaica or cruising through Canada. However, you have to do some homework to be sure you are qualified.
Read on to learn how you can get a passport with a felony conviction.
Is it Possible to Get a Passport with a Felony Conviction?
If you are a U.S. citizen and have been convicted of a misdemeanor or felony, you may still be able to apply for a passport. Whether you will be able to get one depends on your sentence and the type of crime committed.
If you have been convicted of any crime that involves drugs or child abuse, you may not eligible for a passport unless your conviction has been overturned by an appeals court or pardoned.
In addition, if your criminal record includes convictions for felonies such as rape or murder, it’s unlikely that you will be able to receive a passport at all because these crimes are of a high enough level that no country would allow you entrance.
However, most felony convictions are for theft or drugs. As long as you are a low enough offender, you still have plenty of places you can travel and should be allowed to get a US passport.
Who Can & Cannot Get a Passport?
To obtain a passport, a person needs to be a U.S. citizen or permanent resident with a valid green card. All U.S. citizens, even babies just born, need a passport to travel outside the country by air. Children under 16 must have parental consent to travel and a valid passport.
If you are a felon, the rules are a bit different. You may be perfectly allowed to apply for and receive a passport, but that doesn’t mean the country you wish to visit will allow you inside its borders.
What Felonies are Disqualified from Getting a Passport?
It is not necessary to apply for a passport if you are currently in jail. Once you have been released from jail, you may apply for a passport.
If you have had your passport revoked by the U.S. Department of State, it will be up to them whether they will re-issue your revoked passport. If they do decide to reissue the revoked passport, it will be up to them as well what conditions they place on the new issuance of that particular passport.
There are some felonies that would disqualify an individual from obtaining a United States Passport that include:
Felony Drug Convictions
If you have been convicted of a felony drug conviction, you will not be able to obtain a passport. A felony drug conviction is a crime involving the illegal possession, sale, or use of cocaine, heroin, or other illegal drugs.
Particular Other Drug Convictions
Most of the time, any drug-related crime involving international travel is going to disqualify you. That includes if you are the producer of such narcotics or scheduled controlled substances. The US, and every other country, like to keep a firm grip on people that can produce drugs.
Child Support Court Cases
You must have a signed court order or a parenting plan that specifically allows you to leave the country. If you are currently involved in contested child support cases, then obtaining a passport is likely not an option for you until the case is resolved.
The sad reality is the majority of kidnapping cases involve parents taking a child away from another parent. The courts want to restrict your ability to travel until your child support has been fully reminded and paid out.
If You are on Parole/Probation
You cannot receive a passport while under court-ordered supervision. You must get permission from your parole/probation officer to successfully obtain a passport, especially with a felony conviction. This isn’t like losing the right to vote. This is a condition of your release.
Unpaid Federal Taxes and Loans
The government wants its money! If you owe “seriously delinquent tax debt” or loans from your business, job, or personal life, you cannot get a US passport until the IRS gives the go-ahead. This is usually for tax liens of over $50,000.
What if My Passport has Been Confiscated?
If your passport has been confiscated, you will need to submit an application for a new passport. You must provide proof of citizenship, identity, and travel plans in order to obtain a new passport.
You will need to write a letter to the court or agency that seized your passport and usually combine that with a resolved case or court order showing you are now allowed to obtain a passport once again.
How do You get a Passport?
Step 1: Fill Out the Application
You can get an application from any U.S. Post Office by downloading the form directly from the US Department of State. Make sure you fill it out completely before printing a copy and signing it.
Step 2: Prove Your Citizenship
You’ll need to provide proof of your U.S. citizenship when applying for a passport. This can be in the form of:
- Birth Certificate
- Naturalization certificate
- Certificate of Citizenship
- Previous U.S. passport
- Current valid driver’s license
- Government ID
- Military ID
Step 3: Take Passport Photos
Now that you have your forms ready, it’s time to get those photos taken. This is the most crucial part of your application process because passport photos are incredibly specific with requirements.
The best option is to wear everyday clothes, nothing on your head, and get them done at the post office.
Step 4: Pay
Application fees are the last step before you can get your passport. You need to pay these fees before you can apply for the first time and if you’re renewing your passport. The fees are based on what type of passport application you’re filling out.
This is not cheap. When this article was written, the cost of a new passport for an adult was set at $130 for a passport book with an additional $35 execution fee.
Step 5: Submit Your Application
For your application to be accepted, you must submit it in person or by mail. You can do this at any passport agency that is closest to you. The address will be on the confirmation letter that you receive once your application is approved. Most of the time, this is the post office. You can rush an application, but that will cost you an additional fee.
Step 6: Check Your Status
You can look online to check your application status about a week after you receive confirmation your application has been received.
How Long Does It Take for a Felon to Get a Passport?
You can apply for a passport in person at a passport acceptance facility, by mail, or online. You may also apply at a regional passport agency or at certain passport centers.
Expect about 6 to 9 weeks before you receive your new US passport, so plan accordingly!
You can also pay an additional fee if you wish to get your new U.S Passport within two weeks instead of six weeks (regular processing time).
Is a Travel Visa the Same as a Passport?
You need a passport to enter the country, but not necessarily a visa. A passport is a travel document that allows you to leave and return to the United States. It also acts as your identification, so if someone sees your name on it, they can verify that you are who you say you are.
On the other hand, a visa is more of an entry stamp into specific countries. For example, if I was going to London for two weeks and wanted my stay there to be legal and safe, I would need both a passport AND a visa before leaving.
A visa acts as my government approval to legally enter and stay in a foreign country. Most of the time, these are tourist, student, work, or transit visas.
Can I Take a Cruise with a Felony Conviction?
In the United States, you can only travel from US soil to foreign countries with a valid passport. If you want to sail on a cruise ship and make stops in Jamaica or Mexico for the day, you will need to obtain a visa before boarding.
However, once your trip begins at sea, it’s considered international waters and thus not subject to any restrictions on traveling between countries unless specifically indicated by the cruise line itself.
So, yes, you can take a cruise anywhere you want, but if you wish to step foot on foreign soil, you’ll need a passport.
Can a Felon Get a Passport to Visit Canada?
You can get a passport if you have been convicted of a crime. However, you will need to prove your citizenship and identity in addition to providing a clean criminal record.
Canada, like many countries, restricts who can and cannot enter its borders. They will refuse people entrance for any criminal history – misdemeanor or felony. You must speak with the US consulate or Canadian Border Patrol if you wish to enter with a felony conviction. There is wiggle room as long as your crime is not too extreme or on the watch list.
Can a Felon Travel Internationally?
While traveling abroad is possible for felons, it’s important to understand the laws of the country you are visiting. Some countries may not allow travelers with criminal records in their territory or may require a visa or criminal record check. In some cases, even if you can legally enter a country as a felon, you need to register with local authorities before staying there for more than 90 days.
The best way to know how your record will be viewed by other countries is to check directly with them before traveling abroad. In general, here are some questions that might help:
- Do I need a visa? If so, what kind of visa do I need?
- Am I allowed into this country at all? If not, why not?
- Do I have any restrictions on my stay (for example registration requirements)?
If You Travel, Contact the Consulate
If you plan on traveling abroad, contact the consulate of the country you are visiting. The consulates can provide more information about entry requirements and can also answer questions about whether or not a criminal record will hinder your ability to enter their country.
If you’re traveling to a country that requires a visa, contact the consulate for more information on how to apply for one.
The most popular countries for US citizens to visit and the links to their consultants include:
You also should read any recent State Department memos about that country, just in case there is social unrest or special travel advisories.
Felons Can Get a Passport
As you can see, it is possible to get a passport even if you have a felony conviction. It is essential to understand the laws regarding this issue so that you do not accidentally violate them.
Take your time to put in a bit of research, and you should be good to get a passport and travel. Good luck!
If you would like to learn more about changing your life after a felony conviction, check out the guide Getting Out: success after incarceration, available on Amazon.
