Preparing for an international trip can be pretty stressful. Having a felony on your record certainly won’t make matters any less complicated.
So, the question is: Can a felon get a passport?
The short answer is: It depends. Some felons can issue a new passport with some effort, while others won’t.
Curious about the ‘why’? So was I!
Here’s what I found after some digging around:
When Mighn’s Passport Application Be Denied?
Let’s just start by clarifying that US citizens can’t be denicanlly-nilly. That said, there are some exceptional situations to consider, and having a criminal record is just one of them.
Part 51 (51. 60 and 51.61) under Title 22 of the Code of Federal Regulations (CFR) provides some insights about why a passport might be denied, revoked, or restricted.
For instance, the Department of State can deny the application if there’s an outstanding arrest warrant for a felony charge against the applicant. It could be a Federal, state, or local warrant.
With that in mind, it’s safe to assume that someone convicted and has yet to fulfill the sentence (or supervised release period) could have difficulty applying for a new passport.
The nature and the circumstances of the felony matter, too. Suppose an applicant was convicted of drug trafficking charges where they cross the border while committing the offense. That could be grounds for denial.
Either way, if difficulty decides you’re ineligible for passport issuance, it’ll send you a notice (in writing). In this notice, you should find more details about why your application was denied and whether asking for a review is possible.
Felons Eligible for Passport Applications
What if the situations we just discussed don’t apply to you? In that case, you could reapply or ask for your passport back.
How can you do that? Let’s check out the processes!
How to Get Your Surrendered Passport Back?
You might be able to get back your surrendered passport. It just needs to be valid after you’re done serving your sentence.
Your lawyer can walk you through the steps and iron out all the details. However, the process might look a bit like this:
1. Prepare a Notarized Request Letter
The first thing to do is to write an official letter requesting the return of the passport.
Your letter should include some crucial information. For one, you must mention the court or law enforcement agency that took your passport after the conviction. It should also include a valid mailing address, your SSN, and a copy of your ID.
When you’re done, get the letter notarized. If you’ve never notarized a document, you’ll want to take a minute to prepare for the process. To begin, start looking for a notary public near you. Real estate offices and legal firms are your best bet.
Just remember to proofread the document well before you go. You won’t be able to fix errors or alter the phrasing after you get it notarized. So, if you spot a mistake after the deed is done, you’ll have to rewrite the request letter and start all over again.
That will only stretch out the passport application process.
2. Get in Touch With Your Probation Officer
If you’re still on (or just recently completed) probation/parole for the felony conviction, you’ll want to talk to your officer. Ask them to write a letter or an email on your behalf.
Ensure the letter or email they send contains the probation office’s letterhead, the officer’s signature, phone number, and mailing address. It should also include the scheduled completion date for your probation period.
If, however, you’ve completed your probation a while ago, things should be much easier! You might be able to get away with using your discharge card.
3. Submit Your Return Request and Wait
The last step is to submit both letters to the Department of State. You can either mail them physically or send them via email.
How do I reapply for a new passport after probation?
Getting your surrendered passport back won’t always be a valid option. Some felons have to reapply because their passports have expired after the law enforcement agency took them.
In this case, you have to follow the usual apply-in-person process. This means you’ll have to prove your US citizenship, get your photo taken, fill out all your forms, and pay your fees.
However, you’ll also need a discharge notice from your probation officer or a court order ending your probation/parole.
Some lawyers also advise their clients to write a personal statement and talk about their felony convictions. They believe the statement can help the officers evaluate the application. But we recommend you consult your lawyer first since every case differs.
One More Issue to Expect Along the Way: Obtaining a Visa as a Felon
So far, we’ve seen that a convicted felon can get a passport. Before I go, I want to direct your attention to one major issue: Just because a felon has a valid visa doesn’t mean other countries will welcome them with open arms.
Take Canada, for instance. The country is notorious for rejecting visitors with criminal histories.
Even if someone has only been accused of a felony crime (and not yet convicted), they might still be considered “criminally inadmissible” by Canadian immigration officers on the border. After all, these officers don’t have to operate on the presumption of innocence.
Naturally, an actual felony conviction makes it that much harder to get into Canada. You’d have to apply for a Temporary Resident Permit (TRP) or start your Criminal Rehabilitation process, which isn’t always easy.
Your prior conviction must be old to be eligible for Criminal Rehabilitation. Think 5+ years since you’ve completed your sentence. Plus, the “seriousness” of your offense also plays a role.
The bad news is that Canada isn’t the only country that turns felons around.
Before booking a flight, you must check if disclosing your criminal record is part of this country’s visa application process. It’s generally best to be honest and transparent when asked about prior convictions. Otherwise, you might be barred from entering the country.
Final Thoughts
Getting a passport as a felon can be challenging, but it’s not impossible. There might be a few more hurdles along the way, but you can get through them with the help of a specialized lawyer.
For the most part, felons who serve their time, pay their fines, and finish their probation have a decent shot.
That said, it’s important to note that obtaining visas is the tricky part of this equation. Your travel options will likely be limited, but hopefully, you’ll still have fun on your upcoming international trips!