
Can a Felon Get a Passport? A Detailed Guide 2025
Can a Felon Get a Passport? For individuals with a criminal record, traveling internationally can raise important questions about eligibility for travel documents. One of the most common queries is: Can a felon get a passport? This article provides a comprehensive exploration of the rules and regulations surrounding passport issuance for felons in the United States, addressing general eligibility, specific restrictions, special cases, and practical steps. By the end, you’ll have a clear understanding of whether a felon can get a passport based on their circumstances.
General Eligibility: Can a Felon Get a Passport in the U.S.?
In the United States, the ability to obtain a passport is governed by the U.S. Department of State, and the good news is that having a felony conviction does not automatically disqualify someone from getting a passport. So, can a felon get a passport? Generally, yes, most felons can apply for and receive a U.S. passport, provided they meet the standard eligibility requirements and are not subject to specific restrictions.
To be eligible, a felon must:
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Be a U.S. citizen or non-citizen national.
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Provide proof of identity and citizenship (such as a birth certificate or naturalization certificate).
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Submit a completed passport application with the required fees.
Unlike some countries, the U.S. does not have a blanket prohibition on issuing passports to individuals with criminal records. However, there are important exceptions and conditions that may affect whether a felon can get a passport, which we’ll explore below.
Specific Restrictions: When Can a Felon Not Get a Passport?
While most felons are eligible, certain circumstances can prevent a felon from obtaining a passport. The question can a felon get a passport becomes more complex in these cases. According to U.S. law, the Department of State may deny a passport to individuals who fall under the following categories:
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Outstanding Federal Warrants: If a felon has an active federal arrest warrant, particularly for felony charges, their passport application may be denied until the warrant is resolved.
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Court-Ordered Restrictions: Some felons may have court-imposed travel restrictions as part of their probation, parole, or supervised release conditions. For example, a judge may prohibit international travel, which would prevent the issuance or use of a passport.
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Drug Trafficking Convictions: Under 22 U.S.C. § 2714, individuals convicted of certain drug trafficking offenses involving crossing international borders may be ineligible for a passport. This restriction typically applies to serious federal drug trafficking crimes, not state-level convictions.
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Child Support Arrears: A felon (or anyone) owing $2,500 or more in child support may be denied a passport until the debt is resolved.
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National Security Concerns: In rare cases, individuals convicted of crimes related to treason, espionage, or terrorism may be denied a passport due to national security risks.
If none of these restrictions apply, the answer to can a felon get a passport is likely yes, assuming all other application requirements are met.
Special Cases: Can a Felon Get a Passport While on Probation or Parole?
For felons on probation or parole, the question can a felon get a passport often hinges on the terms of their supervision. While a felony conviction itself does not bar passport issuance, probation or parole conditions may include restrictions on international travel. In such cases, the felon must obtain permission from their probation or parole officer, and sometimes a judge, to apply for or use a passport.
To determine whether a felon can get a passport while under supervision, they should:
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Review the terms of their probation or parole agreement.
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Consult with their probation or parole officer to discuss travel plans.
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Seek court approval if required, which may involve a formal hearing or written request.
Even if a passport is issued, attempting to travel internationally without permission could violate supervision terms, leading to legal consequences. Thus, felons under supervision must take extra steps to confirm whether they can get a passport and use it legally.
Application Process: How Can a Felon Get a Passport?
Assuming no restrictions apply, the process for a felon to obtain a passport is the same as for any other U.S. citizen. To answer can a felon get a passport, the steps are straightforward but require attention to detail:
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Complete Form DS-11: Fill out the Application for a U.S. Passport (Form DS-11), available online or at a passport acceptance facility. Do not sign the form until instructed by a passport agent.
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Provide Proof of Citizenship: Submit a certified birth certificate, naturalization certificate, or other acceptable document.
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Submit Proof of Identity: Provide a valid driver’s license, government-issued ID, or other acceptable identification.
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Include a Passport Photo: Obtain a recent, color passport photo that meets Department of State requirements.
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Pay Fees: Pay the applicable passport fees (approximately $130 for a first-time adult passport book as of 2025).
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Submit at a Passport Facility: Visit a passport acceptance facility (such as a post office or courthouse) or a passport agency for expedited service.
Felons should disclose any relevant legal issues, such as outstanding warrants or court orders, during the application process to avoid complications. If all requirements are met, a felon can get a passport in approximately 6-8 weeks for standard processing or 2-3 weeks for expedited service.
International Travel Considerations: Can a Felon Get a Passport and Travel Abroad?
Even if a felon can get a passport, obtaining one is only part of the equation. International travel involves additional considerations, as other countries have their own entry requirements. Some countries may deny entry to individuals with felony convictions, particularly for serious crimes like drug trafficking, violent offenses, or sex crimes. For example, Canada is known for strict entry policies regarding criminal records, often requiring a Temporary Resident Permit or Criminal Rehabilitation approval for felons.
Before planning international travel, felons should:
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Research the destination country’s entry requirements.
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Contact the country’s embassy or consulate to confirm admissibility.
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Consult with an immigration attorney if unsure about eligibility.
Thus, while a felon can get a passport in most cases, they must plan carefully to ensure they can enter their desired destination.
Practical Tips: Can a Felon Get a Passport Successfully?
To maximize the chances of successfully obtaining a passport, felons should consider the following tips when asking can a felon get a passport:
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Resolve Legal Issues: Clear any outstanding warrants, child support debts, or other legal obligations before applying.
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Check Supervision Terms: If on probation or parole, secure permission for international travel in advance.
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Be Honest on the Application: Provide accurate information and disclose any relevant legal issues to avoid delays or denials.
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Plan Ahead: Apply for a passport well in advance of planned travel, as processing times can vary.
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Seek Legal Advice: If unsure about eligibility due to specific convictions or restrictions, consult an attorney familiar with passport and immigration law.
Government & Legal Resources
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U.S. Department of State – Passport Application – Official information on passport eligibility and application process.
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22 U.S. Code § 2714 – Denial of Passports to Drug Traffickers – Legal text on passport restrictions for drug-related felonies.
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Federal Bureau of Prisons – Inmate Travel Restrictions – Rules regarding travel for individuals under federal supervision.
International Travel & Entry Policies
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Canada’s Entry Rules for Felons – Official guidelines on entering Canada with a criminal record.
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U.S. Customs and Border Protection – Travel Restrictions – Information on re-entering the U.S. after international travel.
Legal Assistance & Further Reading
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American Civil Liberties Union (ACLU) – Know Your Rights – Legal rights for individuals with criminal records.
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National Legal Aid & Defender Association (NLADA) – Resources for finding legal help regarding passports and criminal records.
- Read More Related Articles on Felon
Conclusion: Can a Felon Get a Passport?
In summary, the answer to can a felon get a passport is generally yes, as a felony conviction alone does not disqualify a U.S. citizen from obtaining a passport. However, restrictions such as outstanding warrants, court-ordered travel bans, certain drug trafficking convictions, or unpaid child support can prevent issuance. Felons on probation or parole must also navigate supervision requirements, and international travel may be complicated by foreign entry rules.
By understanding the eligibility criteria, addressing any legal barriers, and following the standard application process, most felons can successfully obtain a passport. If you’re wondering can a felon get a passport, take the time to review your specific situation, resolve any restrictions, and plan carefully to ensure a smooth application process and hassle-free international travel.