i have read that passports can be issued to felons under the discretion of the passport agency. anyone have any info on this? what are the restrictions, how do they "judge" who gets one? how does one increase the likelihood of their getting a passport if they are a felon?

and advice/suggestions are appreciated.


thanks.

In theory, if you've never had a passport before, you'd be getting one for the purpose of travelling. The State Department actually issues passports. The application for initial passport, and/or renewal of passports have the magic question,.."have you ever been convicted of a felony" if so, explain..."

Once having that tidbit, they amend your application w/ your FBI spn # and bet your boots that if it IS an approved application that your destination is contacted through Interpol that you're on your way. I don't exactly know what steps the country you are aimed for can take to exclude you... go ask Jerry Lee Lewis.

Random "stops and searches" will never seem random, and any polite questioning would likely include a rehash of your criminal record.

I suppose it would depend on how lucky you are and how much you'd like to travel. I wouldn't feel very comfortable, personally. I don't think I'd like to have to invite too many Q & A's about the origin of a "facilitation to Murder" conviction.
Have a nice trip, Send us a post card.

Ken has some info on this. Perhaps he'll post that later today...

In a nutshell, you can only get a passport AFTER you've been fully discharged from parole etc.

BUT, the mere fact of having a passport DOES NOT guarantee you will be admitted to a country that you wish to enter.

The border between Canada and the U.S. has ALL criminal records from BOTH countries, on their computers, and is available to ANY immigration or customs officer, with the click of a button.

If they have any reason to suspect you, and pull up a record on the computer, they will turn you around and in essence, say "Go Home, boy. You ain't getting in our country."

Likewise, if you have a CANADIAN criminal record, EVEN IF YOU HAVE GOTTEN A GOVERNOR'S PARDON, which in Canada, in essence says "You are forgiven, and your record is erased" it STILL shows up on American immigration and customs cumpiuters as you HAD a record. And the pardon is NOT recognized by the American government.

These were the rules as of Dec. 31, 2002.

All My Love,
Menolly

Also, the particular immigration or customs official who is standing before you has COMPLETE DISCRETION to turn you away.

Just because you succeed in getting into a country 8 times, doesn't mean that your 9th attempt will not be met with a rejection.

All My Love,
Menolly

As to how THOROUGHLY you will be questioned by immigration and customs, well, you all know I just came down to the U.S. on Feb. 11.

I GOT GRILLED, believe me!

They asked VERY detailed questions about what stores were near my house, why I did the work I do, what qualifications one needs to get in to that line of work, what are the names and addresses of nursing homes I work in. all sorts of things that you would think has NOTHING to do with travelling on vacation! I even got asked how far away a fire station was from my house!

I was upset enough by the interogation, I PHONED TEB, and said "You wouldn't believe what I've just been through, but since I'm not on the plane yet, I don't dare talk about it!"

Oh, and the guy grilling me, NEVER took his eyes off of his computer, and he typed in (presumably) all my responses, the whole time we were "talking"!

I was also asked why I was visiting the Connor's, who were they, how I met them, WHEN I met them, why are we friends, what are the chances they will come to Canada to visit me, how can I possibly maintain a friendship with people who live 4,000 kilometres away, ...

It truly felt like a "Gestapo interogation" designed to trip you up, with every word you might utter!

All My Love,
Menolly

yuck.

thanks for the replies. i am not the person who needs a passport, but i'll be happy to send a postcard from wherever i may be going!

Thanks Emme, and could you do me a favor while you are there?

Toss a penny for me, ..into a lake, stream, river, fountain, wishin'-well, fiord, whatever's handy ---except for a puddle or commode.

I started folks doing this for me while I was in. Some continental, some around the world on trips. I was flinging wishes worldwide (by remote). Somehow empowering to have them float down anywhere outside the Constantine Wire.

The wish is always the same... "Let it be as good as it can be".
Now I hand out pre-wished pennies, personally.

Fling one for me if you think of it. I'm good for it.
-Thanks.
-H.

Thanks for posting this, emme...I was curious about the answer myself.

I told Shawn that I want him to see Mexico someday, and then I realized that there would be restrictions to his parole....especially concerning leaving the country.

The area I go to in Mexico does not require a passport for entry, just a state-issued driver's license/ID and a birth certificate. But then again, that will probably change by the time Shawn is a free man.

Susan in Providence

Wow, I'm glad this subject got brought up. I had not even thought about it. I had been kinda planning in the back of my mind for us to take a trip to Australia sometime after he gets out... but I don't know that I want to take a chance on spending that kind of airfare if some official at the airport in Sydney has the discretion to turn him away. Jeez, hadn't even occurred to me that would be a problem... thanks for bringing this topic up, Emme!!!

I know MOST airlines who fly international give passenger lists to the inbound country. When you arrive at your destination, they already know you are coming and have looked over your criminal history. They do this for everyone, whether you have a felony on your passport or not. I had a bf once who had minor possession (misdemeanor) on his record. I could never understand why we were always singled out on entry for advanced searches. Then someone told me about the background checks and I asked. He said at 18 he had been caught with a roach.

OFF SUBJECT

One of the few countries who do not give passenger lists to the US is Saudia Arabia. How maddening is that? But because we are oil sluts, we let them get away with it.

It's close to impossibe to get a passport while your on parole or probation. Then it depends on the type of crime. A theft charge wont worry them as much as a drug, or a physically violent crime.

I'm thinking I might as well forget about us going to Australia. I mean, we're talking a murder conviction here... don't think I'm gonna chance spending $900 and up on airfare with the chance that he'd be denied entrance to the country. For a couple hundred, maybe, but for that much money it's way too risky. Guess I'll just have to maybe get that trip out of my system before he's released.

Again, SO glad this subject got brought up, it hadn't even crossed my mind.

Just another note...not only do the US and Canada share criminal records; but as life mentioned there is the interpol. This is a wrold wide data base and there for your criminal recorded can be reviewed anywhere in the world.

Oh my goodness!! Im going to the states soon to see my fience. We will be getting married and we have no plans to stay in the states full time when he gets out.Even while hes encacerated I will be going between countrys. I live in australia and have a business and children over here which do not have permission to leave the country permanatly by their father . My partner has also got a child in the states which also canot leave the country permanantly so we have to go back and forth. Which we have no problem with doing this except for his crim record. I have asked the aussie government about entry for persons whom have been incaserated and am eagerly awaiting a reply. As soon as I have it I will post the answers. Good luck to you all!

Good luck to you both. I am very interested to hear what the Aussie government says in their reply. I have heard that they are very strict about allowing people with criminal records into the country. Please let us know what you find out.
Thanks!

I know this is an older thread but the question might come up again.here is what I found on that matter:
Here is a summary of the U.S. law:

Mandatory Denial. Passports are issued to
applicants as a matter of course in all but a few
rare situations. Except for direct return to the
U.S., the law provides that a passport shall not be
issued to an applicant subject to a federal arrest
warrant or subpoena for any matter involving a
felony. Furthermore, a passport shall not be issued
where the applicant is subject to a court order or
condition of parole or probation which forbids
departure from the U.S. Passports will also be
refused if the applicant has not repaid loans
received from the United States for certain expenses
incurred while the applicant was a prisoner abroad.
Nor will a passport be issued if the applicant is
under imprisonment or supervised release for any
conviction, at either the state or federal level,
for a felony involving a controlled substance.

Discretionary Denial. In any case, including for
direct return to the United States, a passport may
be refused where the applicant has not repaid a loan
received from the United States to effectuate his
return from a foreign country, where the applicant
has been declared incompetent, or where a minor
applicant does not have the necessary consent of
legal guardians. Moreover, a passport may be
refused if the Secretary of State determines that
the applicant's activities abroad are causing or are
likely to cause serious damage to the national
security or foreign policy of the United States.
Finally, a passport may be refused when the
applicant is subject to imprisonment or supervised
release for a misdemeanor drug conviction, other
than a first offense for possession, if the
individual used a U.S. passport or otherwise crossed
an international border in committing the offense.

Revocation. A passport may be revoked, restricted,
or limited where the national would not be entitled
to a passport as described above, or where the
passport was obtained by fraud, or fraudulently
altered or misused. Unless specifically validated
therefore, a U.S. passport shall cease to be valid
for travel into or through any country or area at
war with the United States. U.S. passports may also
be invalidated for travel through areas in which
armed hostilities are in progress, or where there is
imminent danger to the public health or physical
safety of U.S. travelers. Such determinations are
made by the Secretary of State and are published in
the Federal Register.

Source: U.S. Report under the International Covenant on Civil and
Political Rights
http://dosfan.lib.uic.edu/ERC/law/Covenant94/Specific_Articles/12.html

A passport can also be denied if the individual has outstanding
child-support payments of more than $5,000

Other reasons for passport application denial
http://www.passportexpress.com/?page=deny

I should have posted this first!Sorry!!!!!!!!!!!
Can a person that was in prison for 19 years and released on parole
receive a passport to travel to other countries?


Answer

Subject: Re: Can a felon receive a passport?
Answered By: mvguy-ga on 10 Jul 2003 07:00 PDT
Rated:
The quick answer is yes, at least in the United States. There is
nothing in U.S. law that prevents most felons from receiving a
passport -- unless the terms of parole, probation or sentencing deny
the person a right to a passport or international travel.

In the specific case you're asking about, then, you would need to find
out whether the terms of parole allow international travel. That
information would have to be obtained from the person's parole officer
or the court that has jurisdiction. The issue is a matter of the
parole conditions, not of the law regarding passports.

A passport is a document that certifies a person's citizenship. It is
not a guarantee of character or anything else; it is basically an
identity document. In fact, the passport form doesn't even ask the
applicant about criminal history.

Traditionally, there is just one type of felony that would prevent the
person from getting a passport. A person is ineligible if he or she
has "been convicted by a court or court martial of competent
jurisdiction of committing any act of treason against, or attempting
by force to overthrow, or bearing arms against, the United States, or
conspiring to overthrow, put down, or to destroy by force, the
Government of the United States."

That information is included on the passport information form,
available here:

Application for U.S Passport
http://travel.state.gov/DS-0011.pdf

A more recent U.S. law prohibits the issuing of a passport if a person
crossed an international border to commit a felonious drug offense.
(In some cases, a passport can be denied even if the offense was a
misdemeanor, provided the person crossed an international border to
commit the crime.) That law can be found here:

Section 2714. Denial of passports to certain convicted drug
traffickers
http://caselaw.lp.findlaw.com/casecode/uscodes/22/chapters/38/sections/section_2714.html

Other than those exceptions, there is no provision in federal law for
denying a passport for the mere act of having a felony record. It can
be denied only if the person is subject to arrest or if the person is
prohibited by terms of parole or probation from having a passport.

i am a convicted sex offender and got my passport while on com. soupervison in the state of wa. this was before sept.11 i told my p.o. that i wanted it for I.D. only he said not to try to leave the U.S. as ffor canada you can get a visa from the canada imbese (pardon my spelling please) for 75$ u.s. good for one year .

I know that Australia will not grant residency to a convicted felon (I dont know if you got a real good immigration attorney that things might be different). I have been doing the going between Australia and US thing myself. It is still tough. I do get the third degree every time at the airport both in US and Australia. I get treated like I have done something wrong just because I travel so often (every couple of months).

im reviving this thread from the dead yet again. my federal probation just ended early (judge granted early release, thank you judge) and i called probation to get my passport. when i turned it into pre-trial probation back in 2000, i was told it would be returned to me after this was all over. probation says that pre-trial turns them back into the state dept after they've held on to it for a year or so. does anyone know anything about this? i read in this thread conflicting info regarding passports. one poster said the passport application asks about felonies and that your passport is stamped with a felony record #. another poster says that there is no question on the application about felonies. i'm trying to find the application online (the URL given here is no longer valid).

update: i found the form at the url below, you are not asked anything about criminal history. whoever posted that dreck was just spreading FUD.

http://travel.state.gov/passport/forms/ds11/ds11_842.html

Likewise, if you have a CANADIAN criminal record, EVEN IF YOU HAVE GOTTEN A GOVERNOR'S PARDON, which in Canada, in essence says "You are forgiven, and your record is erased" it STILL shows up on American immigration and customs cumpiuters as you HAD a record. And the pardon is NOT recognized by the American government.


The US INS is using the RCMP's database to determine whether or not someone has a record. When a Pardonned person sends their fingerprints into the RCMP (to get a job, a name change, whatever), it will come back clean "this person has no criminal record". If the RCMP doesn't know a convicted pardonned criminal record, how would the INS know when they are using the exact same computer to perform this search?

The RCMP will not approve criminal records checks on persons who wish to apply for a position with the vulnerable sector and who have been convicted of violent or sexual crimes. But great lengths must be taken to release a criminal record after a pardon takes place.

To the best of my knowledge, if the US sees you, pulls your record before the pardon, and denies you. They will make note of this, so when you return, the record is still there. Pardon or not, they've made note of it on thier own system. If they don't know who you are at all until after you've been pardonned, likely they will not uncover the record at the click of a button... But those guys are trained to determine if someone is lying... so even if you have a pardon, this probably isn't a good idea.

They're asking you all of that because there's something you said that caused them to not believe what you were telling them. The questions after questions are to wait for one you can't answer, or answers that don't match.

I don't get entirely grilled every time I cross a border, it all depends who's asking, INS, US Customs, or Canadian Customs. I've been asked to detail the work I do at school (the program), to explain the enrollment procedure to my community college (as to why I couldn't pre-enroll before a given date), to detail where and how I met my US friends, talk about my hobbies.

With me, they're basically making sure I intend to go back to Canada, and I'm doing what I say I'm doing. My record was clean, I had money and credit cards, and a return ticket. But nothing says I couldn't dispose of my life to live in the US at the drop of a hat, I guess they wanted to be sure of that.

As to how THOROUGHLY you will be questioned by immigration and customs, well, you all know I just came down to the U.S. on Feb. 11.

I GOT GRILLED, believe me!

They asked VERY detailed questions about what stores were near my house, why I did the work I do, what qualifications one needs to get in to that line of work, what are the names and addresses of nursing homes I work in. all sorts of things that you would think has NOTHING to do with travelling on vacation! I even got asked how far away a fire station was from my house!

I was upset enough by the interogation, I PHONED TEB, and said "You wouldn't believe what I've just been through, but since I'm not on the plane yet, I don't dare talk about it!"

Oh, and the guy grilling me, NEVER took his eyes off of his computer, and he typed in (presumably) all my responses, the whole time we were "talking"!

I was also asked why I was visiting the Connor's, who were they, how I met them, WHEN I met them, why are we friends, what are the chances they will come to Canada to visit me, how can I possibly maintain a friendship with people who live 4,000 kilometres away, ...

It truly felt like a "Gestapo interogation" designed to trip you up, with every word you might utter!

All My Love,
Menolly

Thread closed. Last post was in 2003, and responses made to people who are no longer members.