Can a Felon Get a Passport?
Last updated:
Yes, most people with a felony conviction can get a U.S. passport. A felony conviction alone does not disqualify you. There are only a few specific situations that prevent passport issuance: federal drug trafficking convictions involving international travel, owing more than $2,500 in child support, owing more than $62,000 in federal tax debt, active federal or state felony warrants, or a court order prohibiting you from leaving the country. If none of these apply to you, you can apply for a passport the same way anyone else does.
You CAN get a passport if you...
- ✓Completed a prison sentence for any state felony (murder, robbery, assault, theft, etc.)
- ✓Completed probation or parole (no special restrictions on passport application)
- ✓Currently on probation or parole — you CAN apply but need documentation from your probation officer
- ✓Convicted of a misdemeanor (including DUI — a DUI alone does not affect passport eligibility)
- ✓Have an expunged or sealed record
- ✓Convicted of a state-level drug offense (not federal international trafficking)
- ✓Previously denied a passport but the disqualifying condition has been resolved
You CANNOT get a passport if you...
- ✗Federal drug trafficking conviction involving international travel
If you were convicted of a federal drug trafficking offense and used a passport or crossed an international border while committing the crime, you are barred from receiving a passport. This is the only criminal conviction that directly blocks passport issuance by law. (22 U.S.C. § 2714)
- ✗Child support arrears over $2,500
The Department of Health and Human Services reports non-custodial parents who owe more than $2,500 in child support to the State Department. Your passport application will be denied until the debt is resolved or a payment plan is in place. (42 U.S.C. § 652(k))
- ✗Seriously delinquent federal tax debt over $62,000
The IRS certifies taxpayers with seriously delinquent tax debt (over $62,000 including penalties and interest as of 2026) to the State Department. Your passport can be denied, revoked, or limited to return travel only. (26 U.S.C. § 7345 (FAST Act))
- ✗Active federal or state felony arrest warrant
If there is an outstanding felony warrant in the National Crime Information Center (NCIC) database, your passport will be denied. Clear the warrant first. (22 C.F.R. § 51.60(b)(5))
- ✗Court order prohibiting departure from the U.S.
If a federal or state court has issued an order forbidding you to leave the United States, you cannot get a passport until the order is lifted. (22 C.F.R. § 51.60(b)(7))
- ✗Convicted of sex trafficking of minors or sex tourism
Registered sex offenders convicted of sex trafficking involving a minor will have a unique identifier in their passport. In some cases, the passport may be denied entirely. (22 U.S.C. § 212b (International Megan's Law))
Gray areas — it depends
Currently on probation or parole
You CAN apply for and receive a passport while on supervision. However, you must provide documentation: a discharge notice, letter of termination from your probation officer, or court order. Your probation officer may also need to send verification to the State Department. Having a passport does not mean you can travel — you still need your probation/parole officer's permission to leave the country.
Pending criminal charges (not yet convicted)
A pending charge does not automatically prevent passport issuance unless there is a court order or warrant. However, if you are on pre-trial release with travel restrictions, you may be blocked.
Previously surrendered or seized passport
If your passport was surrendered to a court or law enforcement, you can request its return. Submit a notarized letter with your full name, DOB, SSN, and photo ID, plus a letter from your probation officer confirming you can receive it. Send to PPTReturnRequests@state.gov or U.S. Department of State, CA/PPT/S/A/RA, Sterling, VA 20166-1243.
How to Apply — Step by Step
Check if you have any disqualifying conditions
Before applying, verify you have no outstanding felony warrants, no child support debt over $2,500, no federal tax debt over $62,000, no federal drug trafficking conviction involving international travel, and no court order preventing departure from the U.S.
Gather required documents
You need: proof of U.S. citizenship (birth certificate or naturalization certificate), a valid government-issued photo ID, a passport photo (2"x2"), and completed Form DS-11 (first-time) or DS-82 (renewal). If on probation/parole, also get a discharge notice or letter from your officer.
Complete the application form
Fill out Form DS-11 (new passport) or DS-82 (renewal). You must disclose your criminal history truthfully — lying on a passport application is a federal crime punishable by fines and up to 25 years in prison (18 U.S.C. § 1542).
Apply in person at a passport acceptance facility
First-time applicants must apply in person at a post office, library, county clerk, or passport agency. Bring all documents and payment. Existing passport holders may renew by mail using DS-82.
Pay the fees
Passport book: $130 (adult) + $35 execution fee = $165 total. Passport card: $30 + $35 = $65. Expedited processing: additional $60. These fees are the same for felons as for anyone else.
Wait for processing and receive your passport
Standard processing: 6-8 weeks. Expedited: 2-3 weeks. The State Department runs an NCIC background check on all applicants. If a disqualifying record is found, you will be notified of the denial and have 90 days to appeal.
What to Do If Your Passport Is Denied
If your passport application is denied, you have 90 days to file an appeal. The appeal should address the specific reason for denial.
- Request a written explanation of the denial reason from the State Department
- Gather documentation that addresses the denial (e.g., proof of child support payment, warrant clearance, court order modification)
- Submit your appeal in writing to the Office of Adjudication, U.S. Department of State
- If the appeal is denied, you may file suit in federal court
Should I get a passport card or passport book?
A passport card ($65) works for land and sea travel to Canada, Mexico, the Caribbean, and Bermuda only. A passport book ($165) works for all international travel including air. Both have the same eligibility requirements — if you can get one, you can get the other. For felons, the passport book is usually more useful since many countries require it for entry.
Does a DUI affect my ability to get a passport?
No. A DUI conviction — even a felony DUI — does not affect your ability to get a U.S. passport. However, a DUI CAN affect your ability to enter certain countries, especially Canada, which treats DUI as a serious criminal offense and may deny entry.
If my record is expunged, does that help with getting a passport?
It depends. The State Department checks the NCIC database, which may still contain records even after state-level expungement. However, if your conviction was the type that blocks passport issuance (federal drug trafficking), expungement may help. For most felons, expungement is not necessary because most convictions don't block passport issuance in the first place.
Is renewing a passport different from getting a new one with a felony?
No meaningful difference. Both require an NCIC background check. If you had a passport before your conviction, you can renew by mail (Form DS-82) as long as your previous passport is undamaged, was issued in the last 15 years, and you were 16 or older when it was issued. If your passport was surrendered to the court, you'll need to request its return or apply for a new one.
Visual Guide
International Travel Restrictions by Country
| Country | Restriction | Details |
|---|---|---|
| Canada | Strict — even misdemeanor DUI can block entry | Canada treats any criminal conviction as potential inadmissibility. DUI is classified as a serious offense. Options: Temporary Resident Permit (TRP, 1-8 months to process, valid up to 3 years) or Criminal Rehabilitation application (6-18 months, permanent once approved). 10 years after completing your sentence, you may be 'deemed rehabilitated' automatically. |
| United Kingdom | Denied if sentence exceeded 12 months | UK immigration rules deny entry to anyone sentenced to 12+ months imprisonment, regardless of how long ago. Shorter sentences may also be grounds for denial at the border officer's discretion. No formal waiver process — you must convince the immigration officer. |
| Australia | Character test — sentenced to 12+ months = fail | Australia's Migration Act requires all visitors to pass a 'character test.' A sentence of 12+ months (whether served or suspended) is an automatic fail. You can apply for a Character Waiver, but approval is not guaranteed. |
| European Union / Schengen Area | ETIAS screening starting 2026 | Starting 2026, non-EU travelers need ETIAS authorization (€7), which asks about criminal history. A conviction does not automatically deny ETIAS, but serious offenses may trigger additional review. Each Schengen country can refuse entry at the border independently. |
| Japan | Drug offenses = denied entry | Japan is extremely strict on drug-related convictions. Any drug offense, including marijuana possession, can result in permanent denial of entry. Non-drug felonies are reviewed on a case-by-case basis. |
| Mexico | Generally lenient for most felonies | Mexico does not typically screen for foreign criminal records at entry. However, Mexican immigration law allows denial of entry to anyone convicted of a 'serious crime.' In practice, most felons enter Mexico without issues. |
| New Zealand | Sentenced to 5+ years = denied; 12+ months = discretionary | Anyone sentenced to 5+ years of imprisonment at any point in their life is automatically denied entry. Sentences of 12 months to 5 years within the last 10 years are reviewed case-by-case. You can apply for a Special Direction waiver. |
| China | Visa required — criminal history may block | China requires a visa for U.S. citizens. The visa application asks about criminal history. Convictions may result in visa denial, particularly for drug and violent offenses. |
| Israel | Security screening at entry — case-by-case | Israel conducts thorough security screenings. Criminal records may trigger additional questioning but do not automatically deny entry. |
| South Korea | Drug offenses strictly enforced | South Korea, like Japan, is very strict on drug convictions. Other felonies are generally not grounds for denial unless there is an active Interpol notice. |
Take Action — Direct Links
- Check passport application status
Official State Department tool to track your passport application
- Find a passport acceptance facility near you
Post offices, libraries, and clerks that accept passport applications
- Download Form DS-11 (new passport application)
Official application form for first-time passport applicants
- Download Form DS-82 (passport renewal)
Renewal form for eligible existing passport holders
- Request return of a surrendered passport
Email the State Department to request return of a passport seized by court or law enforcement
- Canada — Temporary Resident Permit application
If you need to enter Canada with a criminal record
Frequently Asked Questions
- Can a felon get a passport?
- Yes. Most people with a felony conviction can get a U.S. passport. A felony conviction alone does not prevent you from getting one. Only specific conditions block passport issuance: federal drug trafficking involving international travel (22 U.S.C. § 2714), child support arrears over $2,500, federal tax debt over $62,000, active felony warrants, or a court order prohibiting departure.
- Does your criminal record show up on a passport?
- No. A U.S. passport does not contain any information about your criminal record. It is strictly an identity and citizenship document. However, the exception is registered sex offenders convicted of sex trafficking involving minors — their passports must contain a unique identifier under International Megan's Law.
- Can I get a passport while on probation or parole?
- Yes, you can apply for and receive a passport while on probation or parole. You'll need to submit documentation from your probation officer (discharge notice, letter of termination, or court order). However, having a passport does not give you permission to travel — you still need your officer's approval to leave the country.
- Can I travel internationally with a felony conviction?
- Having a passport allows you to leave the U.S., but each destination country has its own entry rules. Canada is the strictest (even a DUI can block entry). The UK and Australia deny entry for sentences over 12 months. Most other countries are more lenient. Always check the specific country's requirements before booking travel.
- Does a DUI prevent me from getting a passport?
- No. A DUI — even a felony DUI — does not prevent you from getting a U.S. passport. However, a DUI can prevent you from entering Canada, which classifies DUI as a serious criminal offense.
- What happens if I lie on my passport application?
- Lying on a passport application is a federal crime under 18 U.S.C. § 1542, punishable by fines and up to 25 years in prison. Always disclose your criminal history truthfully. In most cases, your conviction will not prevent you from getting a passport anyway.
- How long does it take to get a passport with a felony record?
- The same as anyone else: 6-8 weeks for standard processing, 2-3 weeks for expedited ($60 extra). The State Department runs an NCIC background check on all applicants, but this does not add extra processing time unless a disqualifying record is found.
- What if my passport was taken by the court?
- You can request its return by submitting a notarized letter (with full name, DOB, SSN, photo ID) and a letter from your probation officer to PPTReturnRequests@state.gov. If your passport was reported lost, stolen, revoked, or expired, it cannot be returned — you'll need to apply for a new one.
- Can I get a passport if I was convicted of murder?
- Yes, if you have completed your sentence and have no active warrants or court orders. Murder is a serious crime, but it is not one of the specific offenses that blocks passport issuance under federal law. The disqualifying offenses are drug trafficking involving international travel, sex trafficking of minors, and certain financial debts.
- Does expungement help with getting a passport?
- For most people, expungement is not necessary because most convictions don't block passport issuance. However, if your conviction was for federal drug trafficking (the main disqualifier), expungement or a pardon may help. The State Department checks the NCIC database, which may still contain records after state-level expungement.
Video Guides
Sources
- U.S. Department of State — Passports and Criminal Records
- 22 U.S.C. § 2714 — Denial of Passports to Drug Traffickers
- 42 U.S.C. § 652(k) — Child Support Passport Denial
- 26 U.S.C. § 7345 — Seriously Delinquent Tax Debt
- 22 C.F.R. § 51.60 — Grounds for Denial or Restriction of Passport
- International Megan's Law (22 U.S.C. § 212b)