Your passport is your key to international travel, but what happens if you’re facing criminal charges or have been convicted of a crime? Many people wonder whether they can apply for a passport while facing charges or if a conviction could lead to the loss of their current passport.
The short answer? It depends on the nature of the charges or conviction. While many criminal offenses won’t affect your ability to obtain or retain a passport, certain charges—especially those related to drug trafficking, unpaid child support, or national security threats—can result in a denial or revocation.
If you’re currently dealing with criminal charges, it’s important to understand how they may affect your ability to hold a passport.
For most people facing criminal charges, applying for a U.S. passport is still possible. However, there are circumstances where your application may be denied or delayed due to pending legal matters. Under federal law, you may be denied a passport if:
- A court has restricted your travel. If you’re out on bond, on probation, or facing charges, a judge may impose travel restrictions as a condition of your release. In such cases, even if your passport application is approved, you may not be legally allowed to leave the country.
- You are facing charges related to international drug trafficking. Under Title 22 of the Code of Federal Regulations § 2714, individuals who are facing federal drug trafficking charges (or have been convicted) may be denied a passport. This applies specifically to offenses involving the manufacture, distribution, or possession of controlled substances with intent to traffic across international borders.
- You are considered a flight risk. If prosecutors believe you may attempt to flee the country to avoid prosecution, they may request the court to confiscate your passport or restrict your ability to apply for one.
If you have pending criminal charges, it’s important to check with your legal counsel before applying for a passport, especially if there are court-imposed travel restrictions in place. Violating these restrictions—even unknowingly—can result in additional legal consequences.
Not all criminal convictions lead to passport revocation, but certain serious offenses can result in the loss of your passport or denial of renewal. Your passport may be revoked or renewal denied under the following circumstances:
- Convictions for certain drug offenses. Under 22 U.S.C. § 2714, individuals convicted of international drug trafficking offenses automatically lose their eligibility for a passport. Additionally, while domestic drug convictions don’t always result in passport revocation, they may impact your ability to travel to certain countries, as many nations restrict entry for individuals with drug-related offenses on their record.
- Treason, espionage, or other federal crimes. If you are convicted of a federal crime that involves national security threats—such as treason, espionage, or terrorist activities—your passport will likely be revoked.
- Unpaid child support exceeding $2,500. If you owe more than $2,500 in unpaid child support, the U.S. Department of State will automatically deny your passport application or renewal request under 22 CFR § 51.60. You must arrange payment with your state’s child support enforcement agency before your passport can be reinstated.
- Active arrest warrants or incarceration. If you have an outstanding federal arrest warrant, are currently incarcerated, or are on parole or probation with travel restrictions, your passport may be revoked.
- Registered sex offenders. Under 22 U.S.C. § 212b, individuals who are registered sex offenders will have their passport revoked unless it contains a unique identifier indicating their status on the sex offender registry. This law primarily applies to individuals convicted of sex offenses against minors. If you are a registered sex offender and attempt to renew your passport, you may be required to obtain a passport that includes this special designation.
- Human trafficking convictions. If you are convicted of human trafficking across international borders, your passport will be revoked. This applies to both sex trafficking and labor trafficking offenses under federal law.
If your passport is revoked or denied due to a conviction, you will be notified by the U.S. Department of State. Depending on the circumstances, you may have options to appeal the decision or reapply in the future once any restrictions are resolved.
If you have a criminal record, traveling to Canada can be challenging, as Canada has rigid entry restrictions for individuals with past convictions. Even minor offenses, such as DWI, can make you inadmissible under Canadian immigration laws. When you arrive at the border, Canadian immigration officials have access to U.S. criminal databases and may deny entry based on your record.
However, there are options for individuals with a criminal record who want to travel to Canada:
- Deemed Rehabilitation: If enough time has passed since your conviction (10 years after completing your sentence for a single, non-serious offense), you may be deemed rehabilitated, meaning you can enter Canada without special permission.
- Criminal Rehabilitation Application: If you are not eligible for deemed rehabilitation, you can apply for criminal rehabilitation through the Canadian government. This process takes significantly longer but, if approved, will permanently remove your inadmissibility.
- Temporary Resident Permit (TRP): If you need to travel to Canada before you are eligible for rehabilitation, you may apply for a Temporary Resident Permit, which allows short-term entry despite your criminal record.
At SeiferFlatow, we understand the serious consequences that criminal charges can have on your life, including your ability to travel and maintain a valid passport. If you’re facing criminal charges, don’t leave your future to chance—contact us today to discuss your case and explore your legal options.
