Most convicted felons in the US can obtain a passport after completing their sentence. That said, certain felony convictions can still disqualify you from getting a passport. Other reasons for being denied a US passport include failing to pay child support or having significant outstanding federal tax debts.
In this article, we’ll explain in more detail whether felons can obtain US passports.
Applying for a US Passport with a Criminal History
The US State Department handles passport applications and conducts background checks on applicants using the National Crime Information Center (NCIC) database. The NCIC is linked with all federal, tribal, state, and local law enforcement agencies in the US.
If you have a criminal history or a felony record, you must be upfront about it on your passport application form.
Disqualifying Previous Convictions
If you have received a felony conviction and have served out your sentence, including any parole or supervised release, then in most cases, you will be eligible to apply for a US passport. However, there are certain exceptions which could automatically disqualify you:
- Federal law (22 U.S. Code § 2714) prohibits issuing a passport to anyone convicted of international drug trafficking. This applies if the offense involved using a passport or crossing international borders while committing federal or other felony drug offenses. It also applies if the person is still imprisoned or on parole for those offenses.
- Individuals with felony convictions for trafficking minors or “sex tourism” offenses are also unlikely to receive a US passport.
Other felony convictions very rarely completely disqualify someone from getting a passport, but the US State Department will decide on each application on a case-by-case basis. Hence, it’s important to include as much information as possible when you fill out your application.
Warrants
As part of the passport application process, you will be asked to answer questions about outstanding legal issues, including outstanding warrants.
The Department of State can refuse a passport application if a person has:
- An outstanding warrant for a federal felony
- An outstanding state or local warrant for a felony
- A court order or other imposed legal condition that forbids departure from the United States
This applies to arrest warrants and in cases where a bench warrant has been issued by a judge because an individual has failed to appear in court.
If you only have a misdemeanor warrant, it will usually not prevent you from getting a passport, however there are some exceptions for certain drug-related offenses.
If you are on probation or parole, you will likely need permission from your supervising officer before being granted a passport.
Other Reasons
The State Department can also deny your passport application due to significant nonpayment of child support or ‘seriously delinquent’ tax debts.
Unpaid child support of $2,500 or more when you are a non-custodial parent will make you ineligible to receive a US passport.
Seriously delinquent tax debts are legally enforceable, unpaid federal tax debts exceeding $62,000. This includes federal income taxes, trust fund recovery penalties, business taxes for which someone is personally liable, and other civil penalties.
False Statements
Providing false information during the passport application process in the United States is a federal crime. For the most serious cases, penalties can include fines and up to 25 years in prison.
Appealing a Denied Application
If your passport application is unsuccessful, you can submit an appeal for up to 90 days from when the decision is made. The basis of your appeal will depend on the reason for the denial.
Felony Convictions and International Travel
International travel can be difficult if you have a previous felony conviction, even if you manage to secure a passport. Each country has its own rules for who is and is not allowed to visit or immigrate, but almost all will take an interest in a person’s criminal record. Certain border agencies that have agreements with the US can perform a criminal background check when you travel internationally to see if you are a convicted felon.
You should carefully research the entry requirements for each country you intend to visit before planning your trip. Being denied at the border because of your criminal record on arrival could mean being deported and, therefore, wasting a lot of money on flights and other bookings.
Can US felons go to Canada?
Canadian law treats most driving offenses as serious crimes. Even a misdemeanor DUI, OWI, or DWI in the US could lead to being deemed criminally inadmissible to Canada.
Previous felony convictions can also prevent someone from entering Canada unless they’ve addressed this issue through Canada’s legal processes. The two main routes available are obtaining a Temporary Resident Permit (TRP) or Criminal Rehabilitation. Criminal Rehabilitation applications usually take 6-18 months to process, while TRP applications tend to be turned around in 1-8 months.
How Dogen Law Can Help
If you’re planning to visit Canada but have a past felony conviction that could make you inadmissible, seeking guidance from an immigration lawyer can significantly simplify the entry process.
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to visit or immigrate to Canada. Our team can assist you with applications for Temporary Residence Permits and Criminal Rehabilitation to help you overcome criminal inadmissibility to Canada.
Get in touch today by completing our online assessment to see if you are eligible. If you still have questions about the process, you can also call our toll-free number for a free consultation.
