Can Felons Get a Passport? When a Record Does and Doesn't Matter
Updated · By the Law Figures editors
General information, not legal advice. Laws differ by state and change, so check the sources below or ask a lawyer licensed in your state before you act. Legal disclaimer
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Can felons get a passport? In most cases, yes. A felony conviction by itself doesn't bar a U.S. citizen from getting a passport. The exceptions are narrow: certain drug felonies committed while crossing a border, open felony warrants, court orders or probation and parole conditions that forbid leaving the country, and child support debt over $2,500. Getting a passport also doesn't guarantee another country will let you in.
| Situation | Passport? | Rule |
|---|---|---|
| Felony conviction, sentence finished | Yes, generally | No general bar for felonies |
| Federal or state drug felony committed using a passport or crossing a border | No, while imprisoned or on parole or supervised release for it | 22 U.S.C. § 2714 |
| Outstanding federal or state felony warrant | Can be refused | 22 CFR § 51.60(b)(1), (b)(9) |
| Probation, parole or a court order that forbids leaving the U.S. | Can be refused | 22 CFR § 51.60(b)(2) |
| Child support arrears over $2,500 certified by the state | No, until resolved | 42 U.S.C. § 652(k); 22 CFR § 51.60(a)(2) |
| Seriously delinquent federal tax debt | No, except a limited passport | 22 CFR § 51.60(h) |
| Certain sex offense convictions | Special rules, such as a passport identifier | 22 CFR § 51.60(a)(4) |
We read these rules on November 7, 2026. The State Department can make exceptions in emergencies or for humanitarian reasons under § 2714(d).
The drug felony rule in detail
Section 2714 applies to someone convicted of a federal drug felony, or a state drug felony, who used a passport or crossed an international border in committing the offense. The bar lasts while the person is in prison for it, or on parole or supervised release after prison for it. A first misdemeanor conviction for simple possession doesn't trigger it.
On probation or parole
Many probation and parole terms forbid leaving the country without permission, and the State Department can refuse a passport while that condition applies. Ask your probation or parole officer, or the court, for written permission before you apply or book travel. Traveling without it can be a probation violation.
A passport isn't a visa
Other countries decide whom to admit, and some refuse entry to people with certain convictions, including DUI in some countries. Check the destination country's entry rules before you buy tickets, especially if you'll need a visa.
Before you apply
- Check for any open warrant, in every state you've lived in.
- If you're on probation, parole or supervised release, get written permission to travel.
- Pay or arrange a payment plan for child support arrears, and ask the state to notify the federal government once you're below the threshold.
- Answer every question on the application truthfully.
- Check the destination country's entry rules for people with a criminal record.