A misdemeanor conviction by itself usually does not prevent an otherwise eligible U.S. citizen from getting a passport. The more important questions are whether a court restricts travel, a qualifying warrant or other denial ground exists, or a separate federal law applies. Passport eligibility and permission to leave the country are different questions. [1]
When a criminal case can create a problem
State Department regulations identify grounds such as qualifying felony warrants, certain criminal court orders, probation or parole conditions forbidding departure, and extradition matters. A misdemeanor label does not erase a travel restriction in your particular order. Conversely, an old misdemeanor record does not automatically fit those grounds. [2]
Read the actual judgment, release order, and supervision terms. “Travel allowed with permission” generally means obtaining that permission before departure. A passport in your possession does not override an order requiring approval or surrender of travel documents.
Other restrictions still apply
Passport issuance may be affected by matters unrelated to the misdemeanor, including certified child-support arrears, certified seriously delinquent federal tax debt, or certain unpaid government assistance loans. Some offenses also trigger specific statutory passport restrictions. Disclose requested information accurately; do not assume that an application asks for every offense merely because a criminal record exists.
For a case involving an active warrant, consult passport rules when a warrant is outstanding. If the application is already delayed, checking a possible passport denial explains how to distinguish a formal restriction from ordinary processing.
Before making travel plans
- Confirm U.S. citizenship and the ordinary identity and application requirements.
- Ask your lawyer or supervising officer whether the court permits the proposed trip.
- Resolve any passport denial notice with the agency responsible for the underlying restriction.
- Check the destination country’s admission rules separately.
For example, someone who completed a misdemeanor sentence years ago may face no U.S. passport bar yet still need a foreign visa or criminal-history disclosure. Someone currently on probation may qualify for a passport but require written travel permission. Keep copies of relevant orders and approvals with your records before paying for nonrefundable reservations.
Primary sources
- State Department: Passport Information for Law Enforcement
- 22 CFR 51.60: Passport Denial and Restriction
Sources checked: October 31, 2026.