Can a Convicted Felon Get a Passport in the U.S.?
Passports are essential for international travel, but can a convicted felon obtain one from the United States? In this article, we will explore this complex topic, examining the legal framework and the factors that influence passport issuance for felons.
The United States Department of State is responsible for issuing passports to U.S. citizens. According to the department’s regulations, a person is ineligible to receive a passport if they have been convicted of “a felony involving moral turpitude.”
“Moral Turpitude” in Passport Issuance
“Moral turpitude” is a legal term that refers to conduct that is inherently immoral and dishonest. It encompasses a wide range of offenses, including:
- Crimes of violence, such as murder, rape, and assault
- Crimes involving fraud, forgery, and counterfeiting
- Crimes involving sexual exploitation
- Crimes involving drugs
The determination of whether a specific offense constitutes “moral turpitude” is complex and fact-specific. Courts and passport adjudicating officers consider the nature of the crime, the intent of the perpetrator, and the circumstances surrounding the offense.
Passport Issuance for Felons
While a conviction for a felony involving moral turpitude generally disqualifies a person from receiving a passport, there are some exceptions.
1. Expungement or Pardon: If a felony conviction has been expunged or pardoned, the individual may be eligible for a passport.
2. Rehabilitation: In certain cases, a person who has been convicted of a felony may demonstrate rehabilitation and be granted a passport. Factors considered include the time since the conviction, the nature of the offense, and the applicant’s conduct since the conviction.
3. Special Circumstances: The Department of State may also issue a passport to a convicted felon under special circumstances, such as extreme hardship or compelling humanitarian reasons.
Applying for a Passport as a Felon
To apply for a passport as a convicted felon, an individual must follow the standard application process and disclose their criminal history.
The Department of State will review the application and determine if the applicant is eligible for a passport. If the application is denied, the applicant may appeal the decision to the U.S. District Court for the District of Columbia.
Tips and Expert Advice
If you are a convicted felon and considering applying for a passport, here are some tips and expert advice:
- Be honest and forthcoming about your criminal history. Concealing or misrepresenting your criminal past can result in the denial of your passport application.
- Gather evidence of rehabilitation. If you have been convicted of a felony, it is important to demonstrate that you have rehabilitated yourself. This may include obtaining letters of recommendation, attending counseling, or completing community service.
- Consider consulting with an attorney. An attorney can help you understand your rights and guide you through the passport application process.
FAQ
Q: Can I get a passport if I was convicted of a misdemeanor or petty offense?
A: Yes, misdemeanors and petty offenses generally do not disqualify a person from receiving a passport.
Q: What if I have a dual citizenship?
A: If you have dual citizenship, you may be able to obtain a passport from the other country, even if your U.S. passport is denied.
Q: How long does it take to get a passport as a convicted felon?
A: The processing time for a passport application can vary depending on the case. However, convicted felons should expect the process to take longer.
Conclusion
The question of whether a convicted felon can get a passport in the U.S. is complex and multifaceted. While a felony conviction involving moral turpitude generally disqualifies a person from receiving a passport, there are exceptions for expunged or pardoned convictions, rehabilitation, and special circumstances.
If you are a convicted felon and considering applying for a passport, it is important to disclose your criminal history and provide evidence of rehabilitation. Consulting with an attorney can also help you navigate the application process.
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