Can a pending felony get a passport?
Asked by: Olga Ryan | Last update: March 28, 2025Score: 4.3/5 (30 votes)
According to the USA Federal Implication study, most charged and accused felons can get a passport without repercussions. This is to say in plain words that if a formerly accused criminal is not currently under trial, on a probationary period or bondsman's parole, or otherwise restricted from exiting the country.
Can you travel outside the US with a pending felony?
If you face criminal charges, you may be restricted from traveling out of state or internationally. You may need to obtain permission from the court to travel, and you will be required to comply with any conditions set by the court, including adhering to the specific criminal laws of the jurisdiction you are in.
What disqualifies you from getting a U.S. passport?
Some reasons to deny a passport include: A valid, unsealed federal warrant of arrest. A federal or state criminal court order. A condition of parole or probation forbidding departure from the United States (or the jurisdiction of the court)
Can you get a passport if you have a pending charge?
If you are a current U.S. passport holder or are in the process of applying for one, having pending criminal charges or previous criminal convictions can cause your passport application to be denied or your current passport to be revoked. Let's discuss ways in which your passport might be at risk.
Can you get a passport if you have warrants?
You are not going to be able to get a US passport with an outstanding criminal warrant, no-pick up or otherwise. The government will do a check and deny you the passport. If for some reason you got a passport, the likelihood of you being discovered on your way out of the country would be less than on your way in.
Things That Disqualify You From Getting a Passport
What felonies disqualify you from getting a passport?
What felonies disqualify you from getting a passport: Cybercrime. Human trafficking. Federal drug charges, including trafficking, manufacturing, and selling drugs.
Can the airport see if you have warrants?
Connection with Law Enforcement – While TSA itself isn't looking for warrants, if they encounter a situation requiring local law enforcement (like a dispute, suspicious behavior, or detected prohibited items), the police called to the scene may run your information and discover the warrant.
Can you fly with pending felony charges?
Unless there are conditions of your release, that do not allow you to travel, it is at your discretion but you always want to confirm, with your attorney. As long as you return, prior to the court date there should be no issue but with felony cases it is always best to get permission, if there is concern.
Does probation show up on passport?
Probation will show up in the process of applying for a passport, in most cases you will be denied a passport until you serve your probation period! When applying for a passport, an applicant's name is checked against a federal criminal database to ensure eligibility for a passport.
Can you get a passport with a suspended license?
Decoding the Suspended License Dilemma
For instance, a suspension due to a first-time DUI might not impede your ability to obtain a passport. However, more severe offenses, particularly those classified as felonies, could lead to application denial.
What can hold you up from getting a passport?
- Outstanding child support payment of $2,500 or more. ...
- Seriously delinquent tax debt (via notification from the Secretary of the Treasury) ...
- Unsealed federal warrant for the applicant's arrest.
- Federal or state court order.
Do you get a refund if your passport is denied?
We cannot refund the passport application fee and the execution fee. By law, we collect both fees and keep them even if a passport is not issued.
What are 2 requirements to receive a US passport?
- Original proof of citizenship - Learn about what qualifies as primary citizenship evidence or what secondary evidence may qualify if you do not have primary evidence.
- An acceptable photo ID.
- A photocopy of both your citizenship document and photo ID.
Can a pending felony be dropped?
A felony charge may be dropped before trial if new evidence comes to light proving innocence or casting reasonable doubt. It may also occur if the prosecutor decides the case is too weak to lead to a conviction.
Do they do a background check for a passport?
As part of the passport application process, you will be asked to answer questions about outstanding legal issues, including outstanding warrants. The Department of State can refuse a passport application if a person has: An outstanding warrant for a federal felony. An outstanding state or local warrant for a felony.
Can you go on a cruise with a pending felony?
You may need to stay within the jurisdiction where the case is pending, as your departure could signal to the authorities, your bail bond agent, and the court that you are a flight risk.
What can deny you from getting a passport?
If you've failed to make payments on a loan from the Department of State you would need to pay it off before sending in your application. Certain court orders, being convicted of a felony, or if you're wanted on an arrest warrant, can also result in a passport denial.
Will customs know I'm on probation?
Depends on the country. In the US, there are so many systems of law enforcement, chances are that no one will notify border security (not customs) that you are on probation. Other countries have better communication between authorities, but not always.
How do I know if my passport is flagged?
Extended questioning can be a sign that you've been flagged for further inspection. Secondary Inspection: If you're directed to secondary inspection upon arrival at a U.S. port of entry, it could indicate that you've been flagged for additional scrutiny.
Can I get a passport with pending felony charges?
Who can and cannot get a passport? According to USA Today, most felons can get a passport without a problem. This is assuming a person is not currently awaiting trial, on probation or parole or otherwise banned from leaving the country.
Will a pending felony show up on a background check?
For example, California allows the inclusion of all pending charges in background checks. While the state forbids reporting of arrests not resulting in convictions, it doesn't prohibit the reporting of currently pending criminal charges.
Do airlines check for felony warrants?
Yes, you can technically fly with a bench warrant, especially on domestic flights, as the TSA does not specifically check for warrants.
Do they check for warrants when applying for a passport?
Yes, the Department of State will run your name through the FBI's NCIC database and find out about any outstanding warrants, convictions or supervised release (parole or probation) the terms of which may restrict your ability to get a U.S. passport and certainly to travel.
What does TSA see when they scan your ID?
An agent will review your name, photo, address and date of birth, then cross-check to see that the information on your travel documents matches your ID. Keep in mind that the Real ID Act is now in effect, and it aims to deter terrorists' ability to use fake or fraudulently obtained IDs.
Can TSA see your criminal record?
However, to safeguard the ranks of this vital agency, a rigorous and thorough background check was set into place as part of the TSA hiring process. From checking credit rating to unpaid debts, and criminal convictions, there are a number of factors that can you lead to automatic disqualification.