Having a felony conviction on your record does not automatically prevent you from obtaining a U.S. passport. While the process may be more complicated for convicted felons, most individuals with a felony DWI charge can still receive a passport.

Federal Law and Passport Eligibility

There is no provision in federal law that categorically denies a passport simply because you have a felony conviction. A passport is a document that identifies you as a U.S. citizen and does not contain information about your criminal background. In most cases, a felon can receive a U.S. passport unless specific circumstances apply.

When a Passport May Be Denied

However, there are certain situations where individuals with felony convictions may be unable to obtain a passport:

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• A federal court mandate stating otherwise
• A court order, probation order, or parole order prohibiting travel outside the country
• Currently having felony charges pending or a felony warrant out for your arrest
• Being currently incarcerated or on parole for felony drug offenses
• Owing $2,500 or more in back child support
• Conviction for international drug trafficking

In some cases, a passport can be denied even for misdemeanor offenses if the person crossed an international border to commit the crime.

Felonies That May Affect Passport Status

While a felony DWI conviction does not automatically disqualify you from obtaining a passport, the classification of your drunk driving offense matters. Most states classify DUI charges as felonies based on severity, such as a blood alcohol content of 0.16% or higher, repeat offenses, or accidents causing injury. However, in the 2004 U.S. Supreme Court case Lozano v. Ashcroft, the court determined that a DUI or DWI is not considered a “crime of violence” and therefore not an aggravated felony.

Entering Other Countries with a Felony Record

Having a valid passport does not guarantee entry into foreign countries. Each nation has its own entry requirements, and this is where many travelers with criminal records face challenges:

• Canada: The country is extremely strict about admitting individuals with DUI convictions or criminal records. A DUI conviction places you in an “inadmissible class,” and you will typically be denied entry if the conviction occurred within the past 10 years. Canadians also have access to the FBI criminal database. Foreign nationals may need to apply for a Temporary Resident Permit (TRP), which costs $200, to gain entry.
• Other countries: Misdemeanor or felony convictions beyond DUI can also create problems when traveling internationally. Some countries may require additional screening or documentation.

The Bottom Line

In summary, your ability to obtain a passport should not be affected by a DUI or DWI conviction, even if it was charged as a felony. Passport privileges are not automatically revoked upon conviction for drunk driving. While there are legitimate exceptions and complications that can arise, most individuals with felony convictions remain eligible for passport services. If you have concerns about your specific situation, it is advisable to address any court orders or legal obligations before applying for international travel.

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