Yes, you can generally get a passport if you have a misdemeanor on your record. Federal law lists specific grounds the State Department uses to deny a passport, and ordinary misdemeanors — a DUI, petty theft, simple assault, disorderly conduct — aren’t on that list. One narrow exception involves certain drug misdemeanors tied to crossing an international border. The bigger practical problem for most people isn’t getting the passport approved; it’s whether probation terms or a foreign country’s entry rules will actually let them travel.
Why an Ordinary Misdemeanor Doesn’t Block a Passport
The State Department can’t deny a passport just because someone has a criminal record. Its authority to refuse comes from a specific regulation that lists disqualifying circumstances, and those circumstances center on flight risk, national security, court orders, and unpaid federal debts. A completed misdemeanor sentence isn’t on that list.1eCFR. 22 CFR 51.60 – Denial and Restriction of Passports
The application itself reflects this. Form DS-11 asks for identifying information — name, date of birth, Social Security number, citizenship documentation — and does not ask you to disclose past misdemeanor convictions.2U.S. Department of State. Application for a U.S. Passport DS-11 If your sentence is complete, your fines are paid, and no active court order restricts your travel, a past misdemeanor generally has no bearing on your application.
Answer every question the form does ask honestly. Making a false statement on a passport application is a federal crime carrying up to 10 years in prison, and up to 25 years if the fraud facilitated international terrorism.3Office of the Law Revision Counsel. 18 USC 1542 – False Statement in Application and Use of Passport Since most misdemeanors don’t affect eligibility, there’s nothing to gain from omitting anything the form does request.
The One Misdemeanor Exception: Drugs and a Border Crossing
Federal law imposes a mandatory passport bar on anyone convicted of a federal or state drug felony who used a passport or crossed an international border while committing the offense. That bar runs while the person is imprisoned or on parole or supervised release.4Office of the Law Revision Counsel. 22 USC 2714 – Denial of Passports to Certain Convicted Drug Traffickers
The same statute reaches some misdemeanors. The Secretary of State has discretion to deny a passport for a misdemeanor drug conviction, again only where the offense involved crossing an international border. A built-in exception protects first-time offenders: this discretionary power does not apply to a first conviction for simple possession of a controlled substance.4Office of the Law Revision Counsel. 22 USC 2714 – Denial of Passports to Certain Convicted Drug Traffickers
In practice, this provision reaches people convicted of buying or transporting small amounts of drugs across a national border. A purely domestic drug misdemeanor, even a repeat one, doesn’t trigger the statute.
Probation and Pretrial Conditions Are the Real Catch
Getting a passport approved and being free to leave the country are two different things. This is where people with misdemeanor convictions run into trouble they didn’t expect.
If you’re on probation, even for a misdemeanor, your conditions almost certainly restrict your travel. Most probation terms require you to stay within your county or state unless a probation officer or judge grants written permission. Leaving without authorization can trigger an arrest warrant and probation revocation.
The State Department can also deny a passport application when any criminal court order, condition of probation, or condition of parole forbids the applicant from leaving the United States.1eCFR. 22 CFR 51.60 – Denial and Restriction of Passports That rule doesn’t distinguish between felonies and misdemeanors. So a misdemeanor probation with a no-travel condition, and a resulting federal warrant if you violate it, gives the State Department a basis to deny.
For someone on misdemeanor probation who wants to travel internationally, the standard route is filing a motion with the court asking for permission. Judges weigh the seriousness of the original offense, your compliance history, and how much of a flight risk you appear to be. Minor offenses and clean probation records help, but approval is never guaranteed. If a judge says no, having a valid passport in hand won’t help you.
Pretrial release works similarly. If you’re awaiting trial on a misdemeanor and the court imposed travel restrictions as a condition of release, prosecutors can ask the court to confiscate your passport or bar you from applying for one.
What About an Open Misdemeanor Warrant?
An outstanding felony arrest warrant — federal, state, or local — is grounds for the State Department to refuse a passport.1eCFR. 22 CFR 51.60 – Denial and Restriction of Passports A misdemeanor arrest warrant is not listed among the regulatory grounds for denial. That said, resolving any open warrant before applying is the safer course, both because warrants show up in law enforcement databases and because leaving the country while wanted can create bigger problems on your return.
Denial Grounds That Have Nothing To Do With Misdemeanors
Several unrelated circumstances trip up far more passport applicants than criminal convictions do. If you’re worried about a misdemeanor, these aren’t your problem — but they’re worth knowing exist.
Owing more than $2,500 in past-due child support triggers passport denial once your state agency certifies the debt to the federal government.5Office of the Law Revision Counsel. 42 USC 652 – Duties of Secretary The State Department won’t process the application until you resolve the arrears or arrange an acceptable payment plan.6Administration for Children and Families. Passport Denial Program 101
Seriously delinquent federal tax debt — more than $66,000 in assessed taxes, penalties, and interest for 2026, adjusted annually — can also trigger denial once the IRS certifies the debt. The State Department holds the application open for 90 days to let you pay in full, set up an installment agreement, or dispute the certification. Miss that window and the application is denied.7Internal Revenue Service. Revocation or Denial of Passport in Cases of Certain Unpaid Taxes
Registered sex offenders can still receive passports, but the document must carry a conspicuous identifier indicating their status.8Office of the Law Revision Counsel. 22 USC 212b – Unique Passport Identifiers for Covered Sex Offenders
Foreign Countries Can Still Refuse You Entry
Even with a valid U.S. passport in your pocket, other countries set their own admissibility rules, and a misdemeanor the U.S. government treats as irrelevant to passport eligibility may be a dealbreaker at a foreign border.
Canada is the clearest example. Since December 2018, Canada has classified impaired driving as a serious criminal offense punishable by up to 10 years in prison under Canadian law. A single misdemeanor DUI conviction can make a traveler inadmissible. The reliable paths in are Criminal Rehabilitation, a permanent solution that requires enough time to have passed since the sentence, or a Temporary Resident Permit for short-term visits.
Other destinations have their own screens. Australia conducts a character assessment that takes criminal history into account. The United Kingdom can deny entry to travelers sentenced to more than 12 months in prison. Countries vary widely on drug offenses, with some treating any drug conviction as grounds for refusal.
Before booking a trip with any criminal record, check the entry requirements for your destination through its embassy or consulate. The passport gets you out of the United States. It doesn’t guarantee anyone else will let you in.