Did you know that the U.S. government can refuse to issue you with a passport if you have a warrant? But this refusal is not a black-and-white issue but constitutes a grey area. Some warrants automatically result in passport refusal, while others allow you to apply for a passport and get a positive response. So, if you’ve been asking, “Can you get a passport with a warrant?” we have the answers:
Can You Get a Passport with a Warrant?
As you may know, warrants are unequal as they center on different crimes and penalties. So, let’s start by discussing each warrant and look at how they affect your passport process:
1. Bench Warrants
The court issues these warrants to hold and detain people who have defied court orders. For example, if you do not appear before the court on your scheduled date, the court may instruct law enforcement officers to detain you in custody. Unfortunately, these warrants do not expire and can remain in effect until you die. Thus, the best way to deal with them is to recall the warrant by having a lawyer defend you at the next hearing. Once in court, the judge can decide to order your release, or you may end up in custody.
So, can you get a passport with a bench warrant? Bench warrants fall into two categories:
- Warrants issued owing to misdemeanors: These are warrants relating to offenses with light penalties. For example, people caught driving under the influence fall under misdemeanor warrants. Other examples of such warrants are those issued to people caught shoplifting, parents who do not pay child support, people who skip jury duty, those who skip court dates, people who violate light probationary terms, etc. Such warrants are often not subject to a high degree of enforcement from police officers. But if they find you violating other laws, e.g., over-speeding, they can take you into custody.
The question remains, can you get a passport with a misdemeanor warrant? Yes! In most cases, such warrants do not impede your right to apply for a passport. Thus, you can go through the passport processes and get your travel documents ready as you await your court hearing.
- Warrants issued due to felonies: Felonies are serious crimes. Examples include sexual assault, abduction cases, wire fraud, homicide, etc. Anyone convicted or suspected of committing such crimes will likely face hurdles when applying for a passport. The results depend on whether your conviction or court case features terms that bar you from leaving the country. If they do, your passport application might be seen as an attempt to escape justice. And you can end up getting arrested.
So, can you get a passport with a felony warrant? In most cases, your chances depend on the severity of the charges or the conviction. So, you may be eligible for a passport if you get the go-ahead from your legal team. The government is often willing to process passports for felony convicts or suspects who are abroad and need to return to the U.S. A good example would be someone facing extradition. But in cases of people trying to leave the country, passport applications are often a murky area.
Knowing the type of warrant issued against you can help you navigate these legal situations.
2. Arrest Warrants
These warrants are issued when you are accused of committing a crime outside the presence of a police officer. Usually, evidence must be brought before the court, or a jury must indict you. In such a case, the best way forward is to engage a criminal defense lawyer to release you from custody. If you are not in custody, applying for a passport can be two-fold:
- Misdemeanors: If an arrest warrant is out for a petty crime, you may be eligible for a passport. However, this is at the discretion of the state.
- Felonies: Applying for a passport with a felony arrest warrant can result in arrest and added charges. After all, form DS-11 clearly states that applicants should not have any outstanding arrest warrants for a felony.
So, can you get a passport with a DUI warrant? You probably can. However, you’d need to assess the charges against you and discuss them with an attorney to gauge your chances of getting a passport. The graver the charges, the slimmer your chances of success.
3. Search Warrants
These are warrants issued to allow law enforcement officers to search a property after establishing probable cause. In most cases, they do not affect passport applications as they relate to the property, not the persons in or on it.
4. Extradition Warrant
If you are an accused fugitive, the court can issue an extradition warrant to get you back in the country. But can you get a passport with pending charges? Yes! You can get a passport in a foreign country to help you return to the U.S.
Can you get a passport with a warrant? Our TVP team understands the nuances of passport applications for people with warrants. We can guide you on whether you are eligible for a passport and what you should provide to ease the process. Moreover, we offer document review and concierge services to get your paperwork in order. And we will submit and expedite your application, enabling you to get a new passport in just days!
