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23 AUG 2025 · 4 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: PASSPORTS · TRAVEL
DOCKET NO. 058 · THE DEFENSE DESK

Can I get a passport with a felony?

Usually yes. The State Department denies passports for a short list of specific reasons - and “convicted felon” is not on it. What stops travelers is supervision conditions and a few named statutes, not the record itself.

Todd A. Spodek
Todd A. Spodek
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The actual rule.

A felony conviction, by itself, does not disqualify you from a U.S. passport. The statutory denial list is narrow: certain international drug trafficking convictions where a passport was used or crossing borders was part of the offense (22 U.S.C. § 2714 - a mandatory denial during sentence and supervision), seriously delinquent child support over the federal threshold, certain unpaid federal loans/taxes scenarios, and outstanding federal warrants or court orders forbidding departure. Millions of Americans with records hold valid passports. The document is about identity and citizenship - not virtue.

What actually stops people.

Supervision, not the conviction. Probation, parole, supervised release, and pretrial release all carry travel conditions - typically confining you to a judicial district and always requiring permission to leave the country. Applying for or using a passport in violation of those conditions is a violation with jail attached. Bond conditions frequently require surrendering the passport outright. And an open case anywhere - state or federal - makes international travel a flight-risk exhibit the government will read aloud at your next hearing.

The sequence matters: finish supervision (or get the court’s written permission), then travel. The passport office is rarely the obstacle. The judge is.

PASSPORT DENIALS · THE ACTUAL LIST
§ 2714 DRUG CASESInternational trafficking convictions - mandatory denial during sentence + supervision.
CHILD SUPPORTArrears above the federal threshold - denial until resolved with the state agency.
WARRANTS · ORDERSOutstanding federal warrants, extradition requests, or court no-departure orders.
SUPERVISIONNot a State Department denial - but leaving without permission is a violation.
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The half nobody checks: getting in.

A U.S. passport guarantees exit, not entry. Canada bars travelers for DUIs and many felonies without advance rehabilitation applications; the UK, Japan, and Australia ask criminal-history questions on visas and refuse serious records; visa-waiver travel under ESTA requires disclosure that a record can complicate. International travel with a felony is a two-country problem, and the second country’s rules are usually stricter than ours.

The playbook.

Still under supervision: motion for permission first - courts grant documented, legitimate travel more often than people expect, especially late in clean supervision. Denied under § 2714 or a support hold: those clear when the triggering condition clears, and counsel can sequence it. Record blocking a destination country: entry waivers exist - Canada’s rehabilitation process, visa applications framed correctly. This is solvable logistics, not a life sentence - it just has an order of operations.

Todd A. Spodek
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Todd A. Spodek
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