The question of whether a felon can get a U.S. passport often arises when individuals with a criminal record seek to rebuild their lives, travel abroad, or reconnect with family. The short answer is: in most cases, yes — a felon can get a passport, but there are specific legal restrictions and conditions.
Below, we break down everything from eligibility rules and disqualifications to renewal procedures and travel limitations, so you fully understand how this process works.
A — Understanding What a Passport Is
A passport is an official travel document issued by the U.S. Department of State that identifies you as an American citizen and allows you to travel internationally.
Having a passport doesn’t automatically grant you permission to enter another country — it only allows you to leave and re-enter the United States.
B — Basic Eligibility
To be eligible for a U.S. passport, you must:
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Be a U.S. citizen or national.
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Have valid identification (such as a driver’s license or state-issued ID).
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Not be under specific legal restrictions that prohibit passport issuance.
For felons, the eligibility question depends on the nature of the crime, parole status, and any pending legal obligations.
C — Common Misconception
A major misconception is that all felons automatically lose their right to hold a passport.
That’s not true. The U.S. government doesn’t deny passports solely because of a felony conviction. Many felons legally hold passports and travel internationally after serving their sentences.
D — Disqualifying Factors
While most felons can get a passport, certain convictions and legal circumstances make a person ineligible.
You cannot get a passport if:
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You are currently on parole or probation (in some cases, permission may be granted with court approval).
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You are facing active criminal charges or pending trial.
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You owe more than $2,500 in child support.
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You have been convicted of international drug trafficking.
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You are currently imprisoned.
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You have an outstanding federal arrest warrant.
E — Exceptions for Specific Felonies
The International Drug Trafficking Exception under U.S. federal law is one of the few cases where a felony conviction directly disqualifies you.
According to 22 U.S.C. § 2714, anyone convicted of federal or state drug trafficking across international borders loses eligibility for a passport while serving their sentence, parole, or probation.
F — Felony Type Matters
Not all felonies are treated equally:
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Violent crimes (like assault or homicide) typically don’t bar passport eligibility after completion of sentence.
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Financial crimes (like fraud or embezzlement) may affect travel restrictions, especially if restitution is unpaid.
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Sexual offenses involving minors can impact passport privileges (see Section “S”).
G — Government Oversight
The U.S. Department of State handles all passport applications. When someone with a Felon record applies, the Department cross-checks with:
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The National Crime Information Center (NCIC) database.
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The Department of Justice (DOJ).
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The Office of Child Support Enforcement (OCSE).
If your record shows an active restriction (e.g., probation, unpaid restitution), the passport can be delayed or denied.
H — How to Apply for Felon
Felons apply for a passport just like any other U.S. citizen.
You’ll need to:
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Fill out Form DS-11 (first-time applicants) or Form DS-82 (renewals).
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Provide proof of citizenship (birth certificate, old passport, or naturalization certificate).
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Show a valid photo ID.
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Provide passport photos that meet State Department requirements.
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Pay the required fee.
You can apply at passport acceptance facilities (such as post offices or clerks of court).
I — Imprisonment and Ineligibility
If you are currently incarcerated, you are not eligible for a passport.
However, once released and your sentence (including parole/probation) is fully completed, you may reapply, provided no other restrictions apply.
J — Judicial Permission
In rare cases, individuals on probation or supervised release can travel internationally, but they need explicit court permission or approval from a probation officer.
Without written consent, attempting to get a passport or travel abroad could violate the terms of release and result in re-incarceration.
K — Know the Law
Federal law governs passport eligibility. The key statutes include:
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22 U.S.C. § 2714 — restricts passports for drug trafficking felons.
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22 C.F.R. § 51.60 — outlines grounds for denial.
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22 U.S.C. § 2714a(f) — covers sex offender passport restrictions.
Being aware of these laws ensures you don’t inadvertently violate restrictions or submit an invalid application.
L — Lost or Expired Passports
If your old passport expired or was lost before your conviction, you can still apply for a new one after completing your sentence, provided you meet eligibility requirements.
M — Minors and Felon Parents
Having a felony does not prevent a parent from applying for a child’s passport, though both parents’ signatures are usually required.
If a felon parent is restricted from traveling internationally (e.g., parole conditions), they can still apply on behalf of their minor child as long as they have legal custody and no active warrant.
N — Notification Obligations
Certain felons, such as sex offenders, must notify authorities before international travel. Failure to do so can result in federal penalties under International Megan’s Law (IML).
Their passports may also include a notation indicating their status when traveling abroad.
O — Outstanding Warrants
Anyone with an outstanding arrest warrant (federal or state) will be denied a passport until the matter is resolved.
P — Passport Revocation
Even after receiving a passport, it can be revoked if:
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You are convicted of certain federal offenses after issuance.
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You misuse your passport (e.g., false statements, identity fraud).
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You fail to meet post-issuance conditions such as child support compliance.
Q — Quick Clarification on Travel Rights
Having a passport ≠ having the right to enter every country.
Some countries deny entry to convicted felons, especially for serious offenses. For example:
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Canada often bars entry to those with DUI or violent crime convictions.
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Australia may deny entry for serious criminal records.
Always check the destination country’s entry laws before booking travel.
R — Renewal After Felony Conviction
You can renew your passport normally once your felony obligations are resolved — provided your record doesn’t fall under exceptions like trafficking or registered offender restrictions.
S — Sex Offender Travel Rules
Under International Megan’s Law (IML), registered sex offenders must:
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Inform law enforcement 21 days before international travel.
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Have a passport with an identifier stating the holder was convicted of a sex crime against a minor.
Failing to follow these rules is a federal offense.
T — Timing and Patience
Felons should expect longer processing times, as applications undergo extra background checks. Be patient, and avoid travel plans until your passport arrives.
U — Unpaid Debts
Besides child support, significant federal debts (like unpaid loans, fines, or taxes) may delay or block passport issuance until resolved.
V — Visa vs. Passport
A passport allows you to leave the U.S., but a visa is what lets you enter another country.
Even with a valid passport, a visa may be denied if your felony record violates the destination country’s entry laws.
W — When to Seek Legal Help
If you’re unsure about your eligibility — especially if your case involves drug, sex, or financial crimes — consult a criminal or immigration attorney.
They can help you understand whether you’re clear to apply and if travel could violate parole terms.
X — Extra Documents That Help
When applying, include supporting paperwork showing:
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Completion of parole or probation.
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Restitution or fines paid in full.
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A letter from your probation officer (if applicable).
These can speed up approval.
Y — Your Rights After Rehabilitation
Once your sentence is complete, your rights as a citizen — including passport privileges — are largely restored. Travel can be an empowering step in rebuilding life post-conviction.
Z — Zero Tolerance for Fraud
Never falsify passport information. Submitting false documents or hiding a conviction can result in a federal offense under 18 U.S.C. § 1542, leading to fines or new imprisonment.
Final Takeaway
Can a felon get a passport?
Yes — unless restricted by law (like drug trafficking or sex offender regulations), most felons can legally apply for and receive a passport after completing their sentence and fulfilling all legal obligations.
Traveling abroad after a felony is possible — but it requires transparency, preparation, and compliance with both U.S. and international laws.
