Can Someone With a Felony or Misdemeanor Bench Warrant Still Apply for a US Passport?

Many people wonder if they can still apply for a US passport despite having a bench warrant for a felony or misdemeanor. This uncertainty is understandable, especially given the potential consequences of both bench warrants and passport denial. This article sheds light on the situation and provides guidance to those who find themselves in a similar predicament.

DOS Position on Passport Applications

The Department of State (DOS) has specific regulations regarding the issuance of passports. According to Title 22, Subpart E, §51.60, the DOS may refuse to issue a passport in the following cases:

Outstanding Federal Warrant of Arrest for a Felony: Whether it's a warrant issued under the Federal Fugitive Felon Act (18 U.S.C. 1073) or another felony-related warrant. Criminal Court Order Prohibiting Departure: Any court order that restricts travel from the country, which could result in a federal warrant of arrest if violated. Outstanding State or Local Warrant of Arrest for a Felony: This directly affects those with a felony bench warrant.

Based on these regulations, it's clear that felony charges or specific court orders can result in passport denial. However, the situation becomes more complex when dealing with a misdemeanor bench warrant.

Misdemeanor Bench Warrant: A Closer Look

For a misdemeanor bench warrant, the situation can vary. Unlike felony bench warrants, a misdemeanor charge generally does not automatically result in a denial of a passport. This is because the communication between local law enforcement systems and the State Department is not as routine or thorough as one might hope.

Here are some key points to consider:

No Automatic Denial: The DOS does not routinely share information about misdemeanor bench warrants with the State Department. Therefore, unless the warrant is for a serious offense that the local authority reports to the federal government, it may not affect your passport application. Local Versus Federal Systems: Each local, county, city, or village has its own legal database. These do not automatically communicate with the federal database. Hence, your local legal troubles may not be listed in a way that would impact your passport application. Action Necessary: The best course of action is to address the bench warrant first. This is recommended not only for your legal standing but also to avoid further complications with your passport application.

Strategizing Your Approach

To increase your chances of obtaining a passport despite a bench warrant, consider the following strategies:

Resolving the Warrant: As mentioned, it is advisable to take care of the minor offense by pleading guilty or having the case dismissed. If you resist the warrant, you could be charged with flight to avoid prosecution, which is considered a felony and could result in denial of a passport. Seek Legal Advice: Consult with a legal professional who can advise you on the best course of action to avoid complicating your situation further. Understanding Probation Implications: If you do take a plea, ensure you understand the terms of probation. Violating probation can result in being charged with a felony and a subsequent passport application denial.

It's important to remember that while the DOS may not necessarily know about your bench warrant, the consequences of not addressing it can be severe. By resolving the warrant and seeking proper legal advice, you can significantly increase your chances of obtaining a US passport without further legal complications.

In conclusion, although a felony or certain misdemeanor bench warrants can impact your ability to obtain a US passport, there are steps you can take to improve your situation. Stay informed, seek legal guidance, and ensure you address any outstanding warrants to avoid potential passport denial and other legal issues.