A person with a criminal record can often be issued a passport, but this is not guaranteed and depends on the circumstances of the offence and the sentence. Under passport legislation, an application may be denied if the applicant is in custody, wanted by the authorities, or has been sentenced to imprisonment.
General rules in many countries are roughly as follows:
- After a sentence has been served: it is often possible to obtain a passport.
- During imprisonment, supervision, conditional release, probation, or parole: often no, or only with special permission.
- In cases involving a travel ban, court order, detention warrant, arrest warrant, or extradition proceedings: a passport may be denied or revoked.
- In certain special cases: for example, offences involving the sexual abuse of children or matters of national security, specific restrictions may apply.
It is also important to distinguish between three different things:
- being issued a passport
- being allowed to leave the country
- being allowed to enter another country
In some cases, a person may be entitled to a passport but still be prohibited from leaving the country or denied entry to another one.
So the most general answer is that a convicted person can often obtain a passport. This is especially the case after the sentence has been served, but not where there is an ongoing custodial sentence, supervision, a travel ban, or other specific legal restrictions.
Countries with entry requirements for travelers with criminal records
Be aware that your destination may be a country that requires you to disclose your criminal record. Some countries may refuse entry to individuals with a criminal record. It is the traveler’s responsibility to check the applicable entry requirements.