Can You Get a Passport with a Misdemeanor Record?
If you have a misdemeanor on your record and are wondering whether you can still get a U.S. passport, you’re not alone, roughly 77 million Americans have a criminal record, according to the National Conference of State Legislatures. This article breaks down how a misdemeanor affects your passport eligibility, what exceptions exist, and what steps you should take if you’re currently on probation or parole.
You’ll also learn about specific situations where a passport application might be denied, like ongoing legal restrictions or certain drug-related offenses. Whether you’re planning international travel from Chicago or just want clarity on your rights, this blog will give you the facts you need to move forward confidently.
Eligibility for Obtaining a New Passport
To apply for a U.S. passport, you must meet certain basic requirements. These requirements ensure that you are legally eligible to receive a passport. Here’s a breakdown of the key eligibility points:
U.S. Citizenship: You must be a U.S. citizen by birth or naturalization, or a qualifying U.S. non-citizen national.
Provide proof of citizenship (e.g., birth certificate, Certificate of Naturalization, or Consular Report of Birth Abroad).
Valid Photo ID: You must present a government-issued photo ID, such as a driver’s license or state ID.
Recent Passport Photo: A current passport photo is required as part of the application.
Age Requirements: There are no minimum age requirements for a passport. However, minors under 16 must apply in person with both parents or legal guardians present.
Criminal Record: Having a misdemeanor record does not automatically disqualify you from obtaining a passport, unless subject to legal restrictions or court orders prohibiting international travel.
By understanding these eligibility requirements, you can ensure you have all the necessary documents and avoid delays in your application process.
How a Misdemeanor Impacts Passport Eligibility
If you have a misdemeanor on your record, you might worry it could prevent you from getting a U.S. passport. The good news is that, in most cases, a misdemeanor conviction does not automatically disqualify you from obtaining a passport. The U.S. Department of State primarily denies passport applications for felony convictions related to international drug trafficking or if there are specific court orders restricting travel.
When Might a Misdemeanor Affect Your Passport Application?
Outstanding Warrants or Court Orders: If you have an active warrant or a court order prohibiting you from leaving the country, your application may be denied or delayed until the legal matter is resolved.
Probation or Parole: If you’re currently on probation or parole, you may need explicit permission from your supervising officer or the court to travel internationally, even if you’re otherwise eligible for a passport.
Child Support Arrears: Owing more than $2,500 in child support can also lead to a passport denial, regardless of your criminal record status.
What Doesn’t Affect Eligibility?
Most Misdemeanors: Common misdemeanors, like minor theft, DUI, or disorderly conduct, typically do not impact your eligibility to receive a passport.
Completed Sentences: If you have completed your sentence and have no outstanding legal obligations, you are generally eligible to apply.
Get 30-min expert consultation if you are unsure about your specific situation.
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Conclusion
Having a misdemeanor record does not automatically bar you from obtaining a U.S. passport. Most misdemeanors do not affect your eligibility unless accompanied by specific legal restrictions like outstanding warrants, probation conditions, or unpaid child support. Understanding your unique situation and ensuring all legal obligations are met is key to a smooth passport application process.
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