Criminal Defense Lawyers

Getting a Passport With a Florida Criminal Record

Getting a Passport With a Florida Criminal Record

So you want to get a passport, but you have a criminal record in Florida. Don’t sweat it – it’s totally possible. Lots of folks have records and still get passports. This article will walk you through everything you need to know.

Can You Get a Passport With a Criminal Record?

The short answer is yes, you can get a passport if you have a criminal record. The State Department only denies passports in limited cases involving certain felonies, misdemeanors, or being behind on child support payments. Most of the time, having a record isn’t a deal breaker.

That said, it can complicate things. You’ll probably have to jump through some extra hoops and provide additional documentation. The process might take longer too. As long as you disclose everything up front though, you should be good to go.

Disclosing Your Criminal History

When applying for a passport, you’ll have to fill out a form answering questions about your criminal record. It’s super important to be 100% honest here. If you lie or omit anything, you could be denied a passport, or even face criminal charges.

The government will run your information through databases to verify you’re telling the truth. So don’t try and hide anything – it’ll come back to bite you. Just lay all your cards on the table. As long as your offenses aren’t too serious, disclosing them shouldn’t stop you from getting a passport.

What Crimes Make You Ineligible for a Passport?

There are only a handful of crimes that automatically disqualify you from getting a U.S. passport. These include:

• Federal or state drug felonies – if you were convicted of possessing, distributing, or trafficking illegal drugs over a certain amount, you’ll be denied.
• Sex tourism crimes – crimes like illegal sexual contact with minors in foreign countries will make you ineligible.
• Failure to appear in court or pay child support – if you have outstanding warrants or owe $2,500+ in child support, you can’t get a passport.
• Federal or state felonies punishable by 16+ years in prison – murder, kidnapping, armed robbery, major fraud crimes, etc.

So unless you have convictions for these types of serious offenses, you should be fine. Most misdemeanors and less severe felonies won’t prohibit you from getting a passport.

Waiting Periods After Incarceration

Another thing to keep in mind is that you may have to wait to apply if you’ve been in prison. There are waiting periods after incarceration based on the crimes you were convicted of:

• 10 years for federal drug trafficking felonies
• 5 years for other federal felonies
• 1 year for state felonies

The waiting period runs from the date your sentence ends – either release from prison or end of parole/probation. If you apply too soon, you’ll be denied.

Providing Court Disposition Records

When you have a criminal history, the State Department will ask you to provide disposition records for each arrest, charge, or conviction before approving your passport.

Disposition records are court documents showing what happened with a case. This could be the judgment, conviction record, probation order, or other files. You’ll need to get certified copies from the court clerk in the jurisdiction where you were arrested.

Having complete, accurate records is key to getting approved with a record. The State Department needs to verify everything you disclose on the application. So take the time to get your ducks in a row.

Applying for a Waiver if Denied

If your felony convictions are too serious, you may get an initial denial letter from the State Department. But don’t freak out just yet – you can request a waiver. This is basically asking them to make an exception and review your application again.

Waivers allow the government to consider your unique circumstances and rehabilitation efforts. To get approved, you’ll have to show how much time has passed, details of your probation/parole, classes you’ve taken in prison, community service, positive life changes since your conviction, etc.It takes time and effort, but waivers provide another chance if you really need a passport. Around two-thirds of waiver applicants are accepted, so it’s definitely worth trying.

Working with an Attorney

Because getting a passport with a record can be complicated, many people choose to hire an attorney. Having a lawyer handle the application and waiver process for you can make it much smoother.

They’ll know all the ins and outs of the system, requirements, and paperwork. An attorney can advise you on the best approach, make sure everything is filled out properly, help gather court records, and present the strongest case on your behalf. While not 100% necessary, legal help can be worth it for peace of mind.

Consider Getting Your Record Sealed or Expunged

In some cases, it may make sense to get your Florida criminal record sealed or expunged before applying for a passport. This means going to court to have certain convictions set aside or deleted from your record.

If you can get offenses sealed or expunged, then legally you won’t have to disclose them anymore. This takes away a potential headache when the State Department reviews your application. Speak to a criminal defense lawyer to see if you’re eligible to clear your record.

Be Patient – It May Take Longer

Finally, be prepared for getting a passport with a criminal history to take a bit longer. The State Department has to be extra thorough reviewing your application, getting court records, etc.

Whereas routine passport processing takes 4-6 weeks, it can take months in cases involving a conviction. Don’t panic if yours seems to be stuck in limbo – the wheels of bureaucracy turn slowly. As long as you’ve been transparent, it should get approved eventually.