Will a passport automatically be denied for a failure to appear warrant for a Felony charge?

I have scoured the internet endlessly for the answer to this question. Attorneys that i have spoken with are also left scratching their heads. The state department web-site is vague, citing that a passport “may be” denied for an outstanding warrant. It does not say that an applicant WILL BE denied.

I read that the court that issued the warrant would have to submit a written request to the state department in Washington D.C requesting a denial.

I should think the nature of the felony might matter, wouldn’t you? Drugs, guns, violence related felonies might receive more attention, and possibly the request you mentioned, to the state dept?

OP you have stated the facts. It is at the state departments discretion to deny a passport application. Not sure what else you are seeking.

Opinions on the matter belong in a different forum.

Could be, that if the felony was awarded by a Federal court it would be flagged. Whereas a state/local court would have to manually submit. Makes sense due to separation of duties between Federal and State.

I haven’t found one single thread on the internet where someone came out and said that they go approved a replacement passport with an active FTA warrant.

You have proved the negative…wait, what?

Yeah, I can’t think of any reason that a passport would be denied to a person with an active failure to appear warrant for a felony charge. :slight_smile:

If you don’t have anything substantive to add to this thread, then don’t comment.

Moderator Action

Questions involving legal issues are best suited to our In My Humble Opinion forum. As the forum name implies, any responses you receive there are just the opinions of some online folks and should not be considered the equivalent of professional legal advice.

Moving thread from General Questions to In My Humble Opinion.

Leave the moderating to us moderators, please. We will tell folks what they can and can’t post.

A passport can be denied or even revoked for any reason.

My stepdaughter went to the airport in Bremen for a flight to Detroit, and the airline said her passport had been flagged, and they would not accept it for boarding. It took her nearly a year of no-fly to get a letter from the State Department saying We’re sorry, but we seem to have gotten your name mixed up with somebody else.

A passport cannot be denied for “any” reason. And this thread is not about being on a no fly list.

Only one way to find out:

US passport office inquiries line: 1-877-487-2778
You’re welcome.

@QuickSilver: Even the passport office couldn’t answer. Those answering the phones are call-center reps with little to no knowledge.

Whose criteria for “substantive” are we using?

Real answer:

Submit the passport application. If it arrives, that means that it is not automatically denied for a failure to appear warrant for a Felony charge.

If it is denied, then yes, a passport can be denied for a failure to appear warrant for a Felony charge.

True. That seem to be the way to really answer this, but even with the second scenario, you don’t necessarily know whether the process is “automatic,” just that, in this case, it was rejected.

I’m curious as to the purpose of the OP. Is it trying to prove to someone that there is no way one could have had a passport approved if one had an FTA for a felony? My guess (since we’re in IMHO) is that normally they would not be approved, but it all depends on how well the data is shared among the various agencies.

Most answers are still vague. More feedback is welcome.

FWIW, the Instructions to Form DS-11 do include in Page 4 the following:

(emphasis added)
So the applicant has a duty of disclosure, and must provide a sworn explanation of what’s the deal. This last bit is suggestive that it’s not absolutely “automatic” but they first want to at least have a look for the record at the what and why, before making the decision. If s/he fails to disclose and explain, or explains falsely, and that is found out, that would mean filing a false application (plus perjury if it’s a false explanation) and would make it void.

I did not have a failure to appear warrant for a felony charge when I renewed my passport two years ago, and it was not denied. I hope this information helps.

@jrDelirious: best answer submitted so far. An applicant may not be aware of an outstanding warrant, though.

I think you’ve got the best answers you’re going to get here. It seems like no one on this board has come up against this particular scenario.

RE the not being aware of a warrant, I guess that would be your best defense against perjury if it did get rejected.

Time to bite the bullet and apply.