can i get passport with felony

Getting a Passport with a Felony Conviction – Is It Possible?

Having a felony conviction can make many aspects of life more difficult. One common question people with felonies face is whether they can still get a passport to travel internationally. The short answer is yes, it is possible to get a passport with a felony, but there are some caveats.

Passport Eligibility with a Felony

U.S. citizens cannot be denied a passport solely because of a felony conviction. The process of applying for a passport with a felony is mostly the same as it is for any other applicant. You still need to provide proof of citizenship, ID, photo, and payment.
However, for felons there are a couple additional requirements:

• You must submit any probation or parole documents with your application if you are currently on probation or parole for your felony.
• You need a letter of consent from your probation officer approving international travel if you are currently on probation or parole.

As long as you meet all the standard application requirements and provide parole/probation paperwork if relevant, the State Department cannot legally reject your passport application due to a felony.

Exceptions Where a Passport May Be Denied

There are certain situations where a passport can be denied to someone with a felony, including:

• You have an outstanding felony arrest warrant.
• You owe $2,500+ in child support payments.
• You are currently incarcerated or on supervised release from prison.
• Your felony involved international drug trafficking – passports may be restricted for drug traffickers.

So if you don’t fall into one of those exception categories, you should be eligible for a full 10-year passport despite having a criminal record.

Applying for a Passport with a Felony Conviction

The process for applying for a passport with a felony involves:

1. Completing federal passport form DS-82 if you previously had a passport, or form DS-11 if you’re applying for the first time.
2. Providing proof of U.S. citizenship – previous U.S. passport or certified birth certificate.
3. Presenting valid ID – government ID, driver’s license, or military ID.
4. Getting a new passport photo taken in the last 6 months.
5. Paying applicable fees – $110 for a first-time adult passport, $30 for passport renewals.
6. If relevant, submitting parole/probation paperwork and letter of consent to travel.

You can submit your passport application materials at an authorized passport acceptance facility. Some post offices, clerks of court, and public libraries offer this service.
Routine passport processing times are currently around 18 weeks for first-time applicants and 12 weeks for renewals. You can pay an additional $60 fee for expedited processing within 12 weeks or $17.56 for 1-2 day delivery in emergencies.

Travel Restrictions with a Felony Conviction

While a past felony doesn’t necessarily prohibit you from getting a U.S. passport, other countries may restrict entry for travelers with criminal records. Some destinations like Canada, Mexico, and the UK usually allow U.S. citizens with a felony to visit without special visas or waivers. But many countries do have bans or extra requirements for foreign visitors with convictions.
It’s important to check the specific entry policies of any country you plan to visit. Some common requirements for felons include:

• Applying for a special visa or entry permit.
• Carrying an FBI background check to present upon arrival.
• Only being allowed to visit for a certain number of days.
• Registration with local authorities.

In some places like Australia and New Zealand, visitors must formally declare even old or spent convictions to be allowed entry.
Other countries like Canada, Mexico, and much of Europe are more lax with only restricting entry for violent crimes or very recent felonies. But immigration officers at any border have broad discretion to deny visitors, so additional scrutiny is common when traveling internationally with a record.

Waivers for Entry to Restricted Countries

For destinations with firm bans related to criminal history, it may be possible to obtain a special waiver allowing temporary entry. These exemptions are issued on a case-by-case basis depending on the circumstances and rehabilitation efforts made since the conviction.
The process often requires submitting an application explaining why you should be exempt from standard policy, which can take months for review. Supporting documents like probation discharge papers, employer references, charitable service records, educational certificates, etc. can strengthen your case.
But waivers are never guaranteed approval, so felons should understand any trip requires accepting the risk of possible denial even after extensive planning. Checking if a waiver agreement exists and has reasonable approval rates is wise before paying hefty application fees and non-refundable travel costs.

Renewing a Passport with a Previous Felony

If you already successfully obtained a passport with a past felony, renewing when your previous passport expires follows the standard renewal process. You don’t have to resubmit information about your conviction for a renewal application.
You can renew an existing passport by submitting form DS-82 up to one year before expiration. Required renewal materials include:

• Your most recent U.S. passport book and/or card.
• A new passport photo taken in the last six months.
• $110 payment for passport book renewal fee.
• Updated probation or parole documents if they have changed since your last application.

As long as you meet the normal renewal requirements, provide updated probation/parole paperwork, and your circumstances haven’t changed, getting a new 10-year passport after a previous felony should be straightforward.

Getting Other Travel Documents with a Felony

A U.S. passport can make international travel possible, but you may need other documents too depending on your destination.

Visas

Many countries require U.S. visitors to obtain advance visas. The visa application process often involves declaring criminal history. Having a felony conviction can mean extra documentation and scrutiny but doesn’t automatically disqualify you from getting standard tourist or business visas.

Global Entry & TSA PreCheck

Trusted traveler programs like Global Entry (eligibility criteria) and TSA PreCheck (eligibility criteria) enable expedited processing when entering the U.S. Both allow applications from U.S. citizens with low-level, non-violent offenses, especially if the conviction was long ago. But their enrollment discretion means felony convictions can increase chances of rejection.

Electronic Travel Authorization

The U.S. Electronic System for Travel Authorization (ESTA) allows citizens of 39 countries to travel to the U.S. for tourism under the Visa Waiver Program. ESTA applicants are asked about arrests and convictions and having a felony can prompt additional vetting but doesn’t necessarily mean automatic denial. Check the ESTA eligibility criteria for recent conviction restrictions.
So while a felony adds difficulty for international trips, being informed and strategic when planning travel documents, routes, and destinations can make many locations possible. The key is knowing restrictions in advance and allowing time for any special applications.

Should You Disclose Felonies When Traveling?

While other countries can’t access criminal records from the U.S., it’s usually best to be honest if asked about past convictions when abroad. Many nations legally require disclosing felonies at ports of entry. And lying about criminal history can lead to detention, fines, expedited removal, or permanent bans if discovered.
Unless a country has an absolute bar on entry for those with a felony, transparency about past mistakes, rehabilitation efforts, and desire to positively experience the culture often goes over better than trying to hide it.

Hiring an Attorney When Traveling with a Felony

Navigating international entry and visa policies for travelers with a criminal record can get complicated. For peace of mind or help improving chances of success, consulting an attorney who specializes in criminal record clearing and international travel laws is wise.
A knowledgeable lawyer can review the circumstances of your case and provide personalized advice on:

• Destinations most likely to allow entry.
• Available waivers and exemptions.
• Necessary disclosure rules.
• Supporting documentation to strengthen applications.
• Appealing decisions if denied.

While hiring legal help adds to the trip’s cost, for travelers with a felony it can be worth it to avoid wasted time, expenses from a denied entry, or arrest if accused of misrepresenting their record.

The Bottom Line

U.S. citizens cannot be denied a passport application solely based on having a criminal record. But when traveling internationally with a felony, extra entry restrictions, visas, or waivers may be required depending on the destination. Those with convictions should research each country’s policies thoroughly when planning trips abroad or transiting through foreign airports to understand requirements and risks of denial. Consulting an attorney skilled at addressing criminal record issues can also help make the process smoother.
While a past felony adds challenges, with proper preparation international travel is possible in many locations for rehabilitated individuals. Being organized, transparent, and patient with extra processing times allows those with convictions to successfully navigate the passport and visa landscape if desired. The rewards of experiencing new cultures often make the effort worthwhile.