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Can a Felony Conviction Prevent You From Obtaining a Passport?
Being charged with any type of crime can have an impact on your life, but if you are convicted of a felony, the consequences can be far-reaching even after you have satisfied whatever penalty the court imposes. In addition to a prison sentence or probation, a felony conviction can affect your right to vote and even your right to travel. These collateral consequences can make life extremely difficult for felons, which is why having strong legal representation during a criminal case is so critical.
In some cases, you may not be able to obtain a passport if you have a felony conviction on your record. If you live in Illinois and have questions about how a felony could impact your future, contact our Lake County, IL criminal defense attorney at The Law Offices of Matthew R. Gebhardt, P.C. today.
What Crimes Disqualify You From Getting a Passport?
Felony criminal classification covers a wide array of crimes that often have a wide array of potential penalties upon conviction. Not all felony convictions will disqualify you from obtaining a passport. However, there are some that will make obtaining a passport very difficult, if not impossible. Both federal and state felony drug convictions that involve crossing international borders can disqualify you from getting a passport (22 CFR 51.61). Felony convictions of financial fraud or human trafficking will also disqualify you.
Note that if you have a warrant out for a state or federal felony, your passport application could be refused by the U.S. Department of State.
Other felony convictions that can result in disqualification include:
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Assault
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Animal cruelty
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Child pornography
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Cybercrime
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Kidnapping
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Sexual Assault
In Illinois, felony convictions cannot be expunged, with very few exceptions. Keeping this in mind, it is important that you take a felony charge seriously and fight it as hard as you can.
Other Issues That Can Prevent You from Getting a Passport
In addition to felony convictions, there are other issues that can prohibit a person from obtaining a passport. If you have any outstanding federal debts, there may be a hold on your passport availability. Additionally, if you are very behind on child support payments, it could result in your passport being revoked or your passport application being denied.
During the application process, it is important that you are completely honest about your history, including any past expungements. If you are accused of making false statements to obtain a passport, you could face serious federal charges.
What Countries Prohibit Visitors with Felony Convictions From Entering?
Even if you are able to obtain a passport, there is a long list of countries that will not allow you to enter if you have a felony conviction on your record. These include:
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Argentina
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Australia
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Canada
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China
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Cuba
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India
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Iran
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Israel
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Japan
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Kenya
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Macao
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New Zealand
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South Africa
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Taiwan
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United Kingdom
These countries will deny entry up front to anyone with a felony conviction. However, many other countries will also deny you entry if it is discovered that you have a felony conviction on your record.
Every country has its own requirements regarding international travel, so be sure to research your destination carefully to make sure that you will be allowed to enter. For example, if you have been convicted of a DUI in the United States, you will be barred from entering Canada without special permission from the Canadian government. Japan also has strict laws regarding drug offenses, and will generally bar entry to anyone with a misdemeanor drug conviction.
How Can I Defend Against a Felony Conviction?
The best thing you can do to contest a felony charge is to seek legal representation. Our firm is equipped to defend you against serious allegations and protect your rights in court. In the past, we have represented clients facing state and federal charges, giving us deep insights into criminal law.
Attorney Matthew Gebhardt will work with you to develop an individualized defense strategy to protect you from the harsh consequences of a felony conviction. We will closely scrutinize the evidence against you and question whether the prosecution can prove your guilt beyond a reasonable doubt. We can also employ more specific defenses given the circumstances of your case, like a self-defense claim in a felony assault charge.
With over 20 years of experience in criminal defense, Attorney Gebhardt has a long history of successful case results. He has helped clients get felony charges dismissed or reduced to misdemeanor offenses, including cases of identity theft, domestic battery, drug possession, firearm offenses, and DUI. His trial experience, both as a criminal defense lawyer and a former prosecutor, allows him to serve as an aggressive advocate for defendants.
Can I Get My Passport Back After Parole or Probation?
In general, if you are on parole or probation for a felony offense, you will usually have to serve the full length of your sentence before you can request the return of your passport. You may be able to get a passport before your sentence ends if you have written permission from your probation officer, which must be sent to the U.S. Department of State.
Contact a Lake County, IL Criminal Defense Attorney Today
If you have been charged with a felony crime, the best way to potentially avoid a felony conviction is to seek out an aggressive Cook County, IL criminal defense lawyer advocating for you and protecting your rights. Remember, being charged with a crime does not necessarily mean that you are guilty.
Depending on the circumstances of your case, there are a number of avenues that may be available, including the prosecution dropping the charges, securing a not guilty verdict, or pleading to lesser charges. Call The Law Offices of Matthew R. Gebhardt, P.C. at 847-239-4703 today to schedule a free, confidential consultation.