Getting a Passport with a Criminal Record

Getting a Passport with a Criminal Record

Many people with criminal records assume they cannot obtain a U.S. passport, but the reality is more nuanced. Most criminal convictions do not automatically disqualify you from receiving a passport. However, certain offenses, outstanding warrants, and specific court conditions can prevent or delay issuance.

Who Is Eligible?

Under federal law, most people with criminal records can obtain a passport. Having a felony conviction, misdemeanor record, or even a history of incarceration does not automatically bar you. The U.S. State Department evaluates passport applications based on specific legal criteria, not a general assessment of criminal history.

Disqualifying Conditions

The following situations will prevent you from obtaining a passport:

Federal or state drug trafficking conviction — Under 22 U.S.C. § 2714, anyone convicted of a federal or state drug trafficking offense is ineligible for a passport during the period of incarceration or supervised release, and potentially longer if the conviction involved crossing international borders.

Outstanding federal warrants — If there is an active federal arrest warrant in your name, your passport application will be denied.

Certain sex offenses — Under International Megan's Law (22 U.S.C. § 212b), registered sex offenders convicted of a sex offense against a minor will receive a passport with a special endorsement identifying them as a registered sex offender.

Court-ordered travel restrictions — If a court has ordered you not to leave the country as a condition of bail, probation, or parole, the State Department will deny your application.

Unpaid child support exceeding $2,500 — Under 42 U.S.C. § 652(k), the Department of Health and Human Services can request denial of a passport application if you owe more than $2,500 in child support arrearages.

Active parole or probation with travel restrictions — If your parole or probation conditions prohibit international travel, you cannot use a passport even if one is issued.

The Application Process with a Criminal Record

If you are not subject to any disqualifying conditions, the application process is the same as for anyone else:

Complete Form DS-11 (new passport) or DS-82 (renewal) — Answer all questions honestly, including any questions about criminal history.

Provide required documentation — Birth certificate or naturalization certificate, government-issued photo ID, passport photo, and applicable fees.

Submit in person at an acceptance facility if applying for the first time or if your previous passport was issued more than 15 years ago.

Background check — The State Department runs a background check on all applicants. This is where criminal history is reviewed.

What If You Are on Probation or Parole?

Being on probation or parole does not automatically disqualify you, but your conditions of supervision may restrict international travel. Before applying:

Review your conditions — Check whether your probation or parole order specifically restricts travel.

Request permission from your officer — If travel is restricted, you may be able to obtain permission from your probation or parole officer for specific trips.

Petition the court — If your officer denies your request, you can petition the court to modify your conditions to allow international travel for legitimate purposes.

Felony Convictions and Passports

A common misconception is that all felony convictions disqualify you from getting a passport. This is not true. The only felony convictions that directly affect passport eligibility are:

Drug trafficking convictions (federal or state)

Certain sex offenses involving minors

Treason or sedition convictions

Other felonies, including violent crimes, fraud, theft, and DUI, do not disqualify you from obtaining a passport, provided you are not currently incarcerated or subject to travel restrictions.

After Your Sentence Is Complete

Once you have completed your sentence, including any period of probation, parole, or supervised release, most restrictions on passport eligibility are lifted. You should be able to apply for and receive a passport normally, although the background check process may take slightly longer.

International Travel Considerations

Even with a valid U.S. passport, having a criminal record may affect your ability to enter other countries. Many countries, including Canada, Australia, the United Kingdom, and Japan, conduct their own background checks and may deny entry based on criminal history. Research your destination country's entry requirements before booking travel.

Disclaimer: This guide provides general information about passport eligibility with a criminal record. Individual circumstances vary, and you should consult an attorney if you have questions about your specific situation.