Vol. L · No. I FOL. XLIXArticles
Avery & Avery, Esqs. Ridgefield, NJ John S. Avery, Esq.
Can a Convicted Felon Get a U.S. Passport?
By John S. Avery, Esq.
The short answer is yes, in most cases. The U.S. passport is issued by the Department of State under federal law, and a generic state felony conviction is not, by itself, a bar to passport issuance. But there are several specific federal triggers that block or revoke a passport. Clients with NJ convictions ask this question frequently, often because they have international family obligations, work opportunities, or military service. This post walks through the federal grounds for passport denial, and how a NJ conviction does or doesn’t intersect with them.
This is general information about the intersection of state convictions and federal passport law. It is not legal advice for your matter. Consult with a NJ defense attorney if you face a conviction and have international travel plans: (201) 943-2445.
The General Rule
Under 22 U.S.C. § 211a et seq. and 22 C.F.R. § 51 et seq., the Secretary of State is responsible for passport issuance. The governing rule is that any U.S. citizen may obtain a passport unless one of the enumerated statutory bars applies. A generic NJ felony conviction — for assault, theft, drug possession, or many other offenses — does not match any of those bars.
That means the answer for most people with a NJ felony conviction is: yes, you can get a passport.
Specific Bars to Passport Issuance
The principal federal bars under 22 C.F.R. § 51.60:
1. Outstanding federal arrest warrant
A federal arrest warrant — whether for a federal felony or for flight from a state to avoid prosecution — bars passport issuance.
2. Court order or condition of probation/parole
If a court order, probation condition, or parole condition forbids international travel or requires passport surrender, the State Department respects the order. NJ probation and parole conditions sometimes restrict travel; the conditions vary by sentence.
3. Drug-trafficking conviction with use of a passport
Under 22 U.S.C. § 2714, a person convicted of a federal or state felony drug-trafficking offense where a passport was used in committing the offense is denied passport issuance. This is a narrow exception — possession-only convictions don’t trigger it, and trafficking convictions don’t trigger it unless the passport was used in the offense.
4. Sex-tourism / sex-offense triggers
Under the International Megan’s Law of 2016 (Pub. L. 114-119), covered sex offenders’ passports must be marked with a unique identifier; in some cases the passport is not issued for tourism purposes. NJ Megan’s Law registrants in Tier II or III categories may have International Megan’s Law identifier issues.
5. Owed federal child support over $2,500
Under 42 U.S.C. § 652(k), the federal Department of Health and Human Services certifies state lists of obligors who owe more than $2,500 in child support. The State Department will deny or revoke passports for those obligors until the arrears are resolved.
6. Treason
A treason conviction is a categorical bar. (Rare in practice.)
What About State Felonies?
The pattern from the bars above: state felonies, by themselves, do not block passport issuance. A NJ third-degree theft, drug possession, or assault conviction — even multiple convictions — is not a bar. The State Department does not maintain a “felony blacklist” for state convictions.
The exceptions where state convictions matter:
- A state drug-trafficking felony plus use of a passport in the offense (very narrow)
- A state sex offense triggering International Megan’s Law
- A state child-support arrears certification
Common Misconceptions
”I have a felony — they’ll see it and deny me.”
The State Department’s passport-issuance review checks specific federal databases (NCIC for warrants, the certified child-support list, the Megan’s Law registry). It does not run a general “felony check."
"I can never travel internationally now.”
State convictions do not block U.S. passport issuance in most cases. They may, however, affect entry into specific foreign countries — Canada, for example, has its own admission rules that treat NJ DWI convictions as criminal-equivalent inadmissibility under Canadian law. Foreign-country admission is a separate question from U.S. passport issuance.
”I’m on probation — does that mean no passport?”
It depends on the probation conditions. Standard NJ probation does not categorically forbid passport possession. If your probation order specifically requires passport surrender, that order binds the State Department.
NJ Practical Guidance
If you have a NJ felony conviction and want to apply for a U.S. passport, the practical steps:
- Check probation/parole conditions — read the order
- Resolve any outstanding warrants — federal warrants are the principal bar
- Resolve child-support arrears above $2,500
- Check Megan’s Law registration status if applicable
- Apply through the standard DS-11 process at any acceptance facility
A conviction does not automatically appear in the State Department’s review; the review checks specific bars, not convictions generally.
Frequently Asked Questions
Will the passport application ask about my conviction?
DS-11 asks several yes/no questions about specific federal-bar triggers but does not ask “have you ever been convicted of a felony” generally.
What about getting into Canada or other countries?
Foreign countries set their own admission rules. Canada treats DWI as criminal-equivalent inadmissibility; some EU countries have case-by-case review. Research before booking.
Can I get a passport while on probation?
Generally yes, unless the probation order specifically forbids it. The conditions matter, not the existence of probation.
What if my passport was already revoked?
Revocation under 22 C.F.R. § 51.62 is reversible when the underlying trigger resolves. Resolve the warrant or the child-support arrears, then reapply.
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