Yes, in almost every case you can get a passport with a criminal record. Most convictions, including DUI, theft, assault, and simple drug possession, have no effect on your eligibility. The U.S. passport application does not ask about your criminal history at all. Only a narrow set of situations actually blocks issuance: certain drug felonies that involved crossing a border, sex offender registration, active legal restrictions like outstanding felony warrants or court-ordered travel bans, and large unpaid child support or federal tax debts.
What Form DS-11 Actually Asks
The passport application does not ask whether you have ever been arrested, charged, or convicted of a crime. It asks only about circumstances that directly affect eligibility: whether you have an outstanding federal or state felony warrant, and whether you are subject to a court order or a condition of probation, parole, or release that restricts your travel outside the United States.
After you submit, the State Department runs a background check. That check flags outstanding felony warrants, court-ordered travel restrictions, child support certifications, tax debt certifications, and sex offender registration status. An old conviction, standing alone, does not show up as a bar. If none of the specific triggers below applies to you, your record should not stop your passport.
Convictions That Can Actually Bar a Passport
Drug Felonies Involving a Border Crossing
The only criminal conviction that directly bars passport issuance by statute is a federal or state drug felony where you used a passport or crossed an international border while committing the offense.1Office of the Law Revision Counsel. 22 USC 2714 – Denial of Passports to Certain Convicted Drug Traffickers The border-crossing element is what triggers it. A drug felony that was entirely domestic does not.
When the statute applies, the denial lasts as long as you are imprisoned or on parole or other supervised release for that conviction.1Office of the Law Revision Counsel. 22 USC 2714 – Denial of Passports to Certain Convicted Drug Traffickers Once your sentence and supervised release end, the bar lifts. The State Department is also required to revoke any current passport held by someone who becomes ineligible under this provision.
Sex Offender Registration
If you are required to register as a sex offender for an offense against a minor, you can still get a passport, but it will carry a printed endorsement identifying you as a covered sex offender. Federal law prohibits the State Department from issuing a passport to a covered registrant unless it contains this marking, and it can revoke a previously issued passport that lacks it.2Office of the Law Revision Counsel. 22 USC 212b – Unique Passport Identifiers for Covered Sex Offenders The endorsement reads: “The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(1).”3SMART.gov. International Megan’s Law – SORNA Statute in Review
Anyone convicted under federal law of illicit sexual conduct in a foreign country who used a passport or crossed a border during the offense will have their passport revoked outright.4eCFR. 22 CFR 51.62 – Revocation of Passports If your registration requirement ends, you can reapply for a passport without the endorsement.
Active Legal Restrictions That Block Issuance
Even without a disqualifying conviction, your current legal status can block a passport. Federal regulations recognize these grounds for denial:5eCFR. 22 CFR 51.60 – Denial and Restriction of Passports
- An outstanding federal, state, or local warrant for your arrest on a felony charge.
- A court order or a condition of probation or parole that forbids you from leaving the country.
- A subpoena in a federal felony prosecution or grand jury investigation.
- A pending extradition request, either from a foreign government or presented on your behalf to a foreign country.
- Restraint or apprehension orders against an active-duty service member under the Uniform Code of Military Justice.
- Commitment to a mental institution by a U.S. court order, or a legal determination of incompetency.
Most of these are temporary. Once the warrant is resolved, the subpoena expires, or supervised release ends, you become eligible again. If your passport was surrendered to a court or law enforcement during a case, you can request its return after the case concludes and any travel restrictions are lifted.
Debts That Block a Passport Even Without a Conviction
Three kinds of financial obligations can independently prevent a passport. Two of them are mandatory denials, meaning the State Department has no discretion.
Past-Due Child Support of $2,500 or More
Owing $2,500 or more in past-due child support triggers a mandatory denial. State child support agencies report qualifying cases to the federal Office of Child Support Services, which forwards the names to the State Department.6Administration for Children and Families. Passport Denial Program 101 Once your name is certified, the State Department is legally required to reject the application.5eCFR. 22 CFR 51.60 – Denial and Restriction of Passports
Only the state agency that submitted your name can request removal. If more than one state submitted you, every certifying state has to request withdrawal before the State Department will issue.6Administration for Children and Families. Passport Denial Program 101 Clearing the hold means paying the balance or setting up an arrangement with the state agency. Calling the State Department will not help; the hold originates with the state.
Seriously Delinquent Federal Tax Debt
If you owe more than $66,000 in assessed, legally enforceable federal tax debt including penalties and interest, the IRS can certify your debt to the State Department for passport denial or revocation.7IRS. Revocation or Denial of Passport in Cases of Certain Unpaid Taxes That $66,000 figure is the 2026 threshold, adjusted annually for inflation from the $50,000 base set in the statute.8GovInfo. 26 USC 7345 – Revocation or Denial of Passport in Case of Certain Tax Delinquencies
Not every large balance gets certified. The IRS will not certify debt if you have an approved installment agreement and are paying on time, a pending or accepted offer in compromise, a request for innocent spouse relief, a pending collection due process hearing, or a collection suspension for economic hardship. The IRS sends a CP508C notice by regular mail when it certifies your debt.7IRS. Revocation or Denial of Passport in Cases of Certain Unpaid Taxes You can challenge a certification by filing suit in U.S. Tax Court or a U.S. District Court, without exhausting administrative remedies first.
Unpaid Repatriation and Emergency Medical Loans
If you received a U.S. government loan to return home from a foreign country and have not repaid it, the State Department must deny your application. The same applies to unpaid emergency medical assistance loans made through U.S. consulates.5eCFR. 22 CFR 51.60 – Denial and Restriction of Passports These are mandatory denials until the loan is repaid.
Passports Already Issued Can Be Revoked
Every ground above applies not just to new applications but to passports you already hold. The State Department can revoke a current passport for outstanding felony warrants, court-ordered travel restrictions, drug trafficking convictions with a border-crossing element, and certified child support or tax debts.4eCFR. 22 CFR 51.62 – Revocation of Passports Passports obtained by fraud or that have been altered or misused can also be revoked. If your passport is revoked, the State Department must notify you in writing with the specific reasons, and you must surrender the passport on demand.9GovInfo. 22 CFR 51.65 – Notification of Denial or Revocation of Passport
Do Not Lie on the Application
Answer every question on Form DS-11 truthfully. A false statement on a passport application is a federal felony, and the penalties depend on why the lie was made:10Office of the Law Revision Counsel. 18 USC 1542 – False Statement in Application and Use of Passport
- Up to 10 years in prison for a first or second offense.
- Up to 15 years for a third or subsequent offense.
- Up to 20 years if the lie was made to facilitate drug trafficking.
- Up to 25 years if it was made to facilitate international terrorism.
Concealing a warrant or travel restriction does not get you a passport. The background check catches it anyway, and lying adds a federal felony to whatever situation you were trying to hide.