Steps to Restore Your Passport Rights After a Felony Conviction

A felony conviction can bring about significant restrictions, especially when it comes to your freedom of movement. One such limitation is the impact on your ability to apply for and receive a U.S. passport. While not all felony convictions result in a permanent ban on passport eligibility, certain offenses and legal complications may restrict your rights. However, it is possible to restore your passport rights under the right circumstances. In this blog, we’ll explore the steps to take if you’re seeking to regain your ability to travel internationally after a felony conviction.

Before you begin the process of restoring your passport rights, it’s important to determine whether your specific conviction bars you from obtaining a passport. Some types of felonies, such as drug trafficking or crimes related to international travel, may lead to passport ineligibility. Additionally, individuals who owe more than $2,500 in child support or are subject to specific court orders (such as parole or probation) may face temporary restrictions.

Key felonies that can restrict your passport rights include:

• Drug trafficking offenses.
• Treason or espionage.
• Crimes committed while using a passport (such as fraudulent use).
• Felonies resulting in ongoing legal supervision (probation or parole).

Check with your legal counsel to understand if your conviction directly impacts your passport eligibility.

If your passport was denied or revoked because of your felony conviction, the first step toward restoring your rights is to ensure that you have fully completed all aspects of your sentence. This means:

• Serving your prison time or probation/parole period.
• Completing court-ordered programs or community service.
• Resolving any outstanding fines or restitution.

Once you’ve fully met the legal requirements, you may become eligible to apply for a passport again. However, keep in mind that certain felony convictions could lead to permanent passport ineligibility, such as international drug trafficking charges.

In some cases, individuals with felony convictions can restore their rights, including their ability to obtain a U.S. passport, through expungement or a pardon.

• Expungement is a legal process in which your criminal record is sealed or erased, making it as though the felony conviction never occurred. If your record is expunged, you may become eligible to apply for a passport, as the felony would no longer appear on your record.
• A pardon is an official act by a governor or the President of the United States that forgives your criminal offense. While a pardon doesn’t erase the conviction, it can restore certain civil rights, such as the right to vote or obtain a passport.

Consult with a criminal defense attorney to determine whether you qualify for either option and begin the legal process accordingly.

If you are on probation or parole, you are generally restricted from applying for a U.S. passport until you’ve completed your supervision. After finishing your parole or probation period, you may apply for a passport, provided that your felony does not automatically disqualify you.

Steps to apply for a passport after legal supervision:

• Obtain documentation from your parole or probation officer confirming the completion of your supervision.
• Gather required documents such as your birth certificate, Social Security number, and identification.
• Submit a new passport application, using Form DS-11.
• Pay the required passport application fee.

Keep in mind that the U.S. Department of State will conduct a background check as part of the passport approval process. Any ongoing legal issues or obligations could lead to a denial.

Unresolved legal obligations, such as unpaid fines, restitution, or child support, may prevent you from getting a passport. One common reason for passport denial is having more than $2,500 in unpaid child support. If this applies to you, work with the appropriate agencies to set up payment arrangements or clear the debt.

Once you’ve paid off or settled these legal debts, you can submit a new passport application and provide proof of resolution if necessary.

Navigating the legal system after a felony conviction can be complex, and seeking professional guidance is highly recommended. An experienced criminal defense attorney can help you understand your rights, guide you through the expungement or pardon process, and advise you on the best course of action for restoring your passport eligibility.

Key areas a lawyer can help you with include:

• Determining if your felony restricts your passport rights permanently or temporarily.
• Filing for expungement or a pardon.
• Understanding court orders related to your sentence that impact your passport eligibility.
• Filing appeals if your passport application is denied.

Once you have addressed the legal aspects of your felony conviction—whether by completing your sentence, expunging your record, or obtaining a pardon—you can reapply for your U.S. passport.

Steps to reapply for a passport:

• Fill out Form DS-11 (Application for a U.S. Passport).
• Provide proof of identity (driver’s license or government-issued ID).
• Include proof of citizenship (birth certificate or naturalization certificate).
• Submit any additional supporting documents related to your felony conviction and its resolution.
• Pay the application fee.

After submitting your application, the U.S. Department of State will review your criminal history and current legal status. If your felony no longer impacts your passport eligibility, your application may be approved.

Restoring your passport rights after a felony conviction requires a thorough understanding of your legal situation and compliance with all aspects of your sentence. In some cases, you may need to pursue legal remedies such as expungement or a pardon. Completing probation or parole, paying off legal debts, and submitting proper documentation are key steps in regaining your passport eligibility. If you’re uncertain about your specific case, consulting with an attorney can provide the guidance you need to successfully navigate the process.