You can generally get a passport with pending criminal charges. The State Department does not deny passports based on charges alone; denial requires a specific trigger such as an outstanding federal or state felony arrest warrant, a court order or probation condition forbidding you from leaving the country, or certain drug trafficking convictions.1eCFR. 22 CFR 51.60 – Denial and Restriction of Passports The bigger practical problem for most defendants is not the passport itself but the conditions of pretrial release, which often require surrendering the passport to the court and staying inside a defined geographic area.
What Actually Blocks a Passport
The federal regulation that governs passport denial lists specific grounds, and “pending charges” is not one of them. What the State Department looks for is:
- An outstanding federal or state felony arrest warrant.
- A court order, condition of parole, or condition of probation forbidding departure from the United States.
- A federal drug trafficking conviction where an international border was crossed to commit the offense.1eCFR. 22 CFR 51.60 – Denial and Restriction of Passports
So the charges themselves are not the disqualifier. The warrant behind them, or a court order attached to your release, is what triggers the denial. Someone charged with a felony who is out on bail without a bench warrant and without a court order restricting international travel can still apply for and receive a passport as far as the State Department is concerned.
Drug Trafficking Convictions
If you were convicted of a federal or state drug felony and used a passport or crossed an international border to commit it, you lose passport eligibility for as long as you are imprisoned or on supervised release. The Secretary of State can apply the same restriction to drug misdemeanor convictions on a case-by-case basis, with an exception for a first-time simple possession offense.2Office of the Law Revision Counsel. 22 USC 2714 – Denial of Passports to Certain Convicted Drug Traffickers Note that this is a conviction-based bar. A pending drug trafficking charge, standing alone, does not trip it.
Sex Offender Registrants
Registered sex offenders with a covered offense against a minor can still get a passport, but it will carry a visible unique identifier stating that the bearer was convicted of a sex offense against a minor. The State Department cannot issue a passport to a covered sex offender without this endorsement.3GovInfo. 22 USC 212b – Unique Passport Identifiers for Covered Sex Offenders Some countries deny entry to travelers carrying passports with the endorsement, so possession of the document and ability to use it are not the same thing.
One Non-Criminal Bar Worth Knowing
A separate rule catches people who are not facing criminal charges at all. Seriously delinquent federal tax debt above $66,000 in 2026 (adjusted annually for inflation), once formally assessed, can be certified by the IRS to the State Department, which will then deny a new application or revoke an existing passport.4Internal Revenue Service. Revocation or Denial of Passport in Cases of Certain Unpaid Taxes It is unrelated to criminal charges, but it surprises enough applicants to be worth flagging.
Why the Court Is Usually the Real Obstacle
Even when the State Department has no reason to deny you, the criminal court handling your case usually has plenty of reason to restrict your travel. Federal law gives judges broad authority to impose “specified restrictions on personal associations, place of abode, or travel” as conditions of pretrial release, along with any other condition “reasonably necessary” to ensure you show up for court and do not endanger the community.5Office of the Law Revision Counsel. 18 USC 3142 – Release or Detention of a Defendant Pending Trial State courts have parallel authority.
Passport surrender is one of the most common conditions attached to pretrial release, especially when the case involves serious charges, dual nationality, financial resources, or international connections. If the judge orders you to hand your passport over to pretrial services or the court clerk, you no longer have physical possession of the document. You may still technically “have” a passport in the State Department’s records, but you cannot use it.
Beyond passport surrender, judges frequently confine defendants to a single judicial district, a single state, or the continental United States. The order spells out the geographic boundary. Factors that push judges toward stricter travel conditions include prior failures to appear, the maximum sentence for the charged offense, foreign citizenship or dual nationality, weak local ties, access to significant financial resources, and charges involving conduct that already crossed borders, like international fraud or drug importation.
What Happens if You Travel Anyway
Holding a valid passport is not the same as being free to use it. Customs and Border Protection runs travelers against the National Crime Information Center and other databases at every entry and exit, and CBP has confirmed that it is alerted when an inbound passenger has an outstanding warrant.6U.S. Customs and Border Protection. CBP Search Authority A traveler whose release conditions restrict international travel, or who has an active bench warrant, can be arrested at the border on arrival or departure.
Violating a travel condition also carries direct criminal consequences. Federal law punishes failure to appear on a sliding scale tied to the seriousness of the underlying offense:7Office of the Law Revision Counsel. 18 USC 3146 – Penalty for Failure to Appear
- Underlying offense carrying 15 or more years, life, or death: up to 10 years.
- Underlying offense carrying 5 or more years: up to 5 years.
- Any other felony: up to 2 years.
- Misdemeanor: up to 1 year.
The failure-to-appear sentence runs consecutive to the sentence for the original offense, so the time stacks rather than overlaps.7Office of the Law Revision Counsel. 18 USC 3146 – Penalty for Failure to Appear Most states treat bail jumping as a separate offense as well. And a bail bond posted through a bonding company becomes forfeit if you skip, with the bond company on the hook for the full amount and free to pursue you for it.
Some countries add their own barrier. Canada, Australia, and the United Kingdom routinely deny entry to travelers with pending charges or prior convictions, even for offenses that seem minor by U.S. standards. A valid passport gets you to the gate; it does not guarantee you get in.
Getting Court Permission to Travel
Travel restrictions are not always permanent. Courts can modify release conditions, and pretrial services officers sometimes have authority to approve trips within set parameters. The rule is simple: ask before you go.
Your attorney files a motion asking the court to temporarily modify your release conditions. Vague requests fail. The motion needs specifics: destination, dates, purpose, where you will stay, and how you will remain reachable. Attaching supporting documentation, such as an employer letter, flight itinerary, and hotel confirmation, gives the request weight. Medical necessity, family emergencies, and employment obligations tend to carry the most persuasive value. Federal courts generally expect travel requests at least 14 days before departure, though the timeline varies by district and judge, and full compliance with existing conditions is close to a prerequisite.
For routine domestic trips, your pretrial services officer may be able to approve travel without a full court motion. Bring the same level of documentation you would prepare for a judge. The officer either signs off directly or recommends approval to the court.
International travel approval is rare for serious charges. Judges who allow it often require additional bond, passport surrender between approved trips, verified itineraries, and check-ins from abroad. There is no right to international travel while awaiting trial, and the court’s discretion is broad.5Office of the Law Revision Counsel. 18 USC 3142 – Release or Detention of a Defendant Pending Trial
If a bonding company posted your bail, you owe the agent separate notice of your travel plans even when the court has already approved them. Most bond agreements require it, and failing to notify the agent can result in the bond being revoked independently of anything the court does.