Let’s be honest here. When someone asks, “Can a felon get a passport?” things instantly get serious. Not an IRS audit serious, but serious enough that people start talking in that low whisper-voice we save for hospital corridors and awkward family reunions.
And it makes sense — passports feel like government-issued golden tickets. They open borders, move lives, and in some cases, let you eat croissants at 7 AM in Paris without anyone judging you. So naturally, the question “can a convicted felon get a passport?” is a big deal for millions of Americans.
But here’s the twist: most people assume the answer is an automatic Nope, impossible, sorry, try again next life.
That’s actually wrong. Very wrong. If wrongness had a ranking system, this would be right next to “you can microwave foil” wrong. The reality is way more nuanced, way more legal, and honestly—kinda surprising.
So grab a snack. Hydrate. Stretch your legs.
We’re about to unpack the real rules behind “Can you get a passport if you have a felony”, and spoiler: it’s not as hopeless as old Facebook aunties make it sound.
So… Can a Felon Get a Passport?
Short answer: yes — having a felony doesn’t automatically erase your right to hold a U.S. passport. That right exists because citizenship still exists. And under U.S. law, passports are mainly denied for specific reasons — not simply because of the conviction.
The U.S. Department of State issues passports under the authority of 22 U.S.C. § 211a, and it can deny or revoke them under 22 C.F.R. § 51.60. Notice something? Neither of those laws says “all felons are banned.” That myth is like saying all cats hate water. Sure, many do — but there’s always that one cat that acts like a scuba diver.
So yes: can a convicted felon get a passport? Absolutely — unless they trigger one of the legal denial categories
When You Cannot Get a Passport
This is where the government turns into a strict parent with a very detailed rulebook.
You generally cannot get a passport if:
1. You were convicted of an international drug trafficking felony
Under 22 U.S.C. § 2714, anyone convicted of international drug trafficking may have their passport denied or revoked. If your crime involved crossing borders, smuggling, or transporting illegal substances internationally, the U.S. government basically says:
“We will NOT give you a tool that helps you leave the country again.”
Reasonable? Yes. Annoying? Also yes.
2. You owe more than $2,500 in child support
This one surprises people, but it’s federal law. According to 22 CFR § 51.60(a)(2), 42 U.S.C. § 652(k), you can be denied a passport if you have significant unpaid child support.
You could have the cleanest criminal record on earth — but if you owe money, the passport office says:
“Pay Karen her child support first, then you can see Paris.”
3. You have an active federal warrant
Under 22 CFR § 51.60(b)(1), people with outstanding warrants cannot get a passport. The government isn’t dumb; they won’t hand you the world’s best runaway tool.
4. You’re currently in prison, on parole, or under supervised release with travel restrictions
Courts can restrict your right to travel internationally. And the State Department respects those court orders as required by 22 C.F.R. § 51.60(a)(3).
So even if your felony doesn’t legally bar you from a passport, your parole officer probably will. And trust me, you don’t want to argue with a parole officer.
5. You Have an Active State or Local Felony Warrant
22 CFR § 51.60(b)(9)
Yes — even your local police department can block your passport.
6. You’re Under a Court Order, Parole, or Probation That Restricts Travel
22 CFR § 51.60(b)(2)
If a judge or parole officer wrote “No international travel,” the passport office respects that.
And trust me, this is the one fight you will lose every time.
7. You’re Under a Mental Health Court Commitment
22 CFR § 51.60(b)(3)
If a court has formally committed you to a mental institution, the State Department may deny a passport.
This doesn’t apply to general mental illness — only court-ordered commitments.
8. You’ve Been Declared Legally Incompetent
22 CFR § 51.60(b)(4)
If a court says you’re legally unable to manage your own affairs, passport approval becomes restricted.
(Unless a legal guardian signs off.)
9. You’re Under a Subpoena for a Felony Case
22 CFR § 51.60(b)(6)
If the U.S. has summoned you for a felony prosecution or federal grand jury, they won’t let you run off to Bali.
10. You’re Facing Extradition or Provisional Arrest Requested by a Foreign Government
22 CFR § 51.60(b)(5)
If another country wants you arrested for a felony, the U.S. freezes your passport application.
11. The Applicant Is a Minor Involved in an International Custody or Abduction Case
(22 C.F.R. § 51.60(e))
The State Department can refuse to issue a passport — except a passport for direct return to the United States — if the applicant is a minor who has been abducted, wrongfully removed, or wrongfully retained abroad in violation of a court order or custody decree.
12. Your Passport Was Previously Denied or Revoked — and Nothing Has Changed
(22 CFR § 51.60(c))
If they denied you once and you didn’t fix the issue, they’ll deny you again.
13. You Haven’t Repaid Emergency Loans Issued Under 22 U.S.C. 2670(j)
22 U.S.C. 2670(j), 22 C.F.R. § 51.60 (c)(1)
Another loan category — this time for emergency assistance abroad.
Unpaid loan = no passport.
14. Your Activities Abroad Would Harm U.S. National Security or Foreign Policy
22 C.F.R. § 51.60(c)(4)
This is the big one.
The State Department can deny a passport if they believe your actions overseas would:
- damage U.S. foreign policy
- threaten national security
- create diplomatic problems
They use this sparingly… but it exists.
15. You Are a Minor and the Conditions Under 22 CFR 51.28 Are Not Met
Under 22 C.F.R. § 51.60(b)(7), if you’re a minor and your application for a passport fails to meet the requirements in 22 CFR 51.28 — the Department may refuse to issue the passport.
16. You Are Subject to a Military Order Restricting Travel
22 CFR § 51.60(b)(8), Title 10 U.S. Code, Chapter 47)
If the Armed Forces says you can’t leave the country, that’s final.
You’re staying right there in uniform.
17. You are Wanted for a Felony by a Foreign Government or International Organization
22 C.F.R. § 51.60(d)
If an appropriate foreign government authority or international organization notifies the U.S. Department of State that you are the subject of a felony arrest warrant, your passport application may be refused under 22 C.F.R. § 51.60(d).
18. You Haven’t Paid Back a U.S. Loan for Emergency Evacuation or Repatriation
22 CFR § 51.60(a)(1), 22 U.S.C. § 2671(b)(2)(B)
If the U.S. government paid to evacuate you or your immediate family — your spouse, minor children, or dependent parents — during an emergency abroad, that cost is treated as a repatriation loan. If you haven’t repaid it, the State Department can deny your passport until the debt is cleared.
19. You’re a Covered Sex Offender Applying for a Passport Card
(22 CFR § 51.60(a)(4), 22 U.S.C. § 212b(c)(1))
The law bars passport cards (not books) for certain sex offenders.
Why? Because the passport card can be used for land and sea travel to nearby countries.
The government takes no risks here.
20. You didn’t give your Social Security number — or you gave a fake one
22 C.F.R. § 51.60(f)
If you intentionally leave out your SSN or write a random number like “123-45-6789,” the State Department basically goes:
“Nice try. Application denied.”
This rule exists so the government can track back taxes, child support, fraud, etc.
When You Can Get a Passport
Now for the good news — the part people actually want to hear.
You can get a passport if:
✔ You’ve finished your sentence (prison + parole + probation)
Once you’re fully discharged, the law doesn’t automatically restrict your passport rights.
✔ Your felony had nothing to do with international drug trafficking
Domestic felonies — including burglary, fraud, assault, DUI felony, etc. — do not automatically stop you from getting a passport.
✔ You have no outstanding warrants
You’re good as long as your legal record is clean at that moment.
✔ You’re not under a foreign travel ban
If the judge never said “you cannot travel outside the U.S.,” then you’re fine.
✔ You owe no major child support debt
You can owe $20, $100, even $1,000 — but cross $2,500 and the system says “no passport for you.”
So yes — can a felon get a passport? Absolutely, in many situations.
And here’s something most people don’t know: Even people on probation can sometimes get a passport if the judge or probation officer approves international travel.
It’s not common, but it’s possible.
Why Felons Are Allowed to Have Passports
A lot of people assume the government permanently punishes felons in every possible way. Not true. Not even legally allowed in many cases.
The reasoning is simple:
1. Citizenship rights remain intact.
A U.S. passport is proof of citizenship, not proof of criminal purity.
2. A felony doesn’t equal loss of nationality.
The U.S. Constitution prevents arbitrary stripping of citizenship, except in rare cases like treason.
3. Passports are only denied for legal reasons, not moral ones.
The U.S. government doesn’t care about your past mistakes unless they create a real risk.
4. Courts prefer targeted restrictions.
Rather than a blanket ban, the law restricts travel only when necessary.
So, can you get a passport if you have a felony?
Legally, yes — unless you fall into a specific banned category.
But Wait — Can You Actually Use the Passport?
Here’s the plot twist: getting a passport is one thing. Using it is another.
Even if the U.S. gives you a passport, other countries may deny you entry.
Countries known for strict rules include:
- Canada (very strict with DUIs, drug felonies)
- Australia (assesses “character concerns”)
- Japan (strict criminal-entry laws)
- New Zealand
- UK in some cases
So you might get the passport, hold it up proudly, and then realize you’re still not welcome in Toronto. Life is unfair like that.
Conclusion
So, there you have it. If you’ve been living with the nagging question “Can a convicted felon get a passport?”, the answer is generally hopeful: yes, you can. But — and this is important — it really depends on what happened, when it happened, where you stand now, and whether you meet the legal conditions.
Being honest, checking your own legal standing, and consulting a legal professional can save you a lot of surprises at the passport window (or worse, a border denial).
At the end of the day: Your past conviction doesn’t automatically doom your travel dreams, but you do need to clear the obstacles first. And hey — once you’ve done that, you can treat the rest of the world like your oyster (or at least your weekend getaway).
At Get Visa Info, we share travel, immigration, visa, and global movement guidance to help you navigate the world with confidence.
