# Will a passport automatically be denied for a failure to appear warrant for a Felony charge? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [April 12, 2017, 8:59am UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299 "2017-04-12T08:59:55Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![TheWhitePorsche](https://avatars.discourse-cdn.com/v4/letter/t/c57346/32.png) [@TheWhitePorsche](https://boards.straightdope.com/u/TheWhitePorsche)\ **Post date:** [April 12, 2017, 8:59am UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/1 "2017-04-12T08:59:55Z")
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. ---
**Author:** ![elbows](https://avatars.discourse-cdn.com/v4/letter/e/b3f665/32.png) [@elbows](https://boards.straightdope.com/u/elbows)\ **Post date:** [April 12, 2017, 12:32pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/2 "2017-04-12T12:32:33Z")
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? ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [April 12, 2017, 1:44pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/3 "2017-04-12T13:44:29Z")
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. ---
**Author:** ![busterpickle](https://avatars.discourse-cdn.com/v4/letter/b/258eb7/32.png) [@busterpickle](https://boards.straightdope.com/u/busterpickle)\ **Post date:** [April 12, 2017, 7:23pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/4 "2017-04-12T19:23:25Z")
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. ---
**Author:** ![TheWhitePorsche](https://avatars.discourse-cdn.com/v4/letter/t/c57346/32.png) [@TheWhitePorsche](https://boards.straightdope.com/u/TheWhitePorsche)\ **Post date:** [April 12, 2017, 8:01pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/5 "2017-04-12T20:01:06Z")
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. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [April 12, 2017, 8:15pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/6 "2017-04-12T20:15:26Z")
> [@TheWhitePorsche](#): > > 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? ---
**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\ **Post date:** [April 12, 2017, 8:16pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/7 "2017-04-12T20:16:59Z")
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. 🙂 ---
**Author:** ![TheWhitePorsche](https://avatars.discourse-cdn.com/v4/letter/t/c57346/32.png) [@TheWhitePorsche](https://boards.straightdope.com/u/TheWhitePorsche)\ **Post date:** [April 12, 2017, 10:56pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/8 "2017-04-12T22:56:57Z")
If you don’t have anything substantive to add to this thread, then don’t comment. ---
**Author:** ![engineer\_comp\_geek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/engineer_comp_geek/32/504_2.png) [@engineer\_comp\_geek](https://boards.straightdope.com/u/engineer_comp_geek)\ **Post date:** [April 12, 2017, 11:25pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/9 "2017-04-12T23:25:05Z")
**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. > [@TheWhitePorsche](#): > > If you don’t have anything substantive to add to this thread, then don’t comment. Leave the moderating to us moderators, please. We will tell folks what they can and can’t post. ---
**Author:** ![jtur88](https://avatars.discourse-cdn.com/v4/letter/j/e9c0ed/32.png) [@jtur88](https://boards.straightdope.com/u/jtur88)\ **Post date:** [April 13, 2017, 12:29am UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/10 "2017-04-13T00:29:30Z")
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. ---
**Author:** ![TheWhitePorsche](https://avatars.discourse-cdn.com/v4/letter/t/c57346/32.png) [@TheWhitePorsche](https://boards.straightdope.com/u/TheWhitePorsche)\ **Post date:** [April 13, 2017, 1:21am UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/11 "2017-04-13T01:21:10Z")
A passport cannot be denied for “any” reason. And this thread is not about being on a no fly list. ---
**Author:** ![QuickSilver](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quicksilver/32/7832_2.png) [@QuickSilver](https://boards.straightdope.com/u/QuickSilver)\ **Post date:** [April 13, 2017, 1:37am UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/12 "2017-04-13T01:37:21Z")
Only one way to find out: US passport office inquiries line: 1-877-487-2778 You’re welcome. ---
**Author:** ![TheWhitePorsche](https://avatars.discourse-cdn.com/v4/letter/t/c57346/32.png) [@TheWhitePorsche](https://boards.straightdope.com/u/TheWhitePorsche)\ **Post date:** [April 13, 2017, 3:35am UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/13 "2017-04-13T03:35:06Z")
@QuickSilver: Even the passport office couldn’t answer. Those answering the phones are call-center reps with little to no knowledge. ---
**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\ **Post date:** [April 13, 2017, 1:54pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/14 "2017-04-13T13:54:48Z")
> [@TheWhitePorsche](#): > > If you don’t have anything substantive to add to this thread, then don’t comment. 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. ---
**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\ **Post date:** [April 13, 2017, 3:13pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/15 "2017-04-13T15:13:17Z")
> [@Slash1972](#): > > 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. ---
**Author:** ![TheWhitePorsche](https://avatars.discourse-cdn.com/v4/letter/t/c57346/32.png) [@TheWhitePorsche](https://boards.straightdope.com/u/TheWhitePorsche)\ **Post date:** [April 14, 2017, 5:37pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/16 "2017-04-14T17:37:07Z")
Most answers are still vague. More feedback is welcome. ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [April 14, 2017, 6:08pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/17 "2017-04-14T18:08:28Z")
> [@pulykamell](#): > > 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. FWIW, the Instructions to [Form DS-11](https://eforms.state.gov/Forms/ds11.pdf) do include in Page 4 the following: > [@](#): > > **ACTS OR CONDITIONS** > > If any of the below-mentioned acts or conditions have been performed by or apply to the applicant, the portion which applies should be lined out, and a supplementary explanatory statement under oath (or affirmation) by the applicant should be attached and made a part of this application. > > I have not, since acquiring United States citizenship/nationality, been naturalized as a citizen of a foreign state; taken an oath or made an affirmation or other formal declaration of allegiance to a foreign state; entered or served in the armed forces of a foreign state; accepted or performed the duties of any office, post, or employment under the government of a foreign state or political subdivision thereof; made a formal renunciation of nationality either in the United States, or before a diplomatic or consular officer of the United States in a foreign state; or been convicted by a court or court martial of competent jurisdiction of committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, or conspiring to overthrow, put down, or to destroy by force, the government of the United States. > > Furthermore, I have not been convicted of a federal or state drug offense or convicted of a “sex tourism” crimes statute, and I am not the subject of an outstanding federal, state, or local warrant of arrest for a felony; a criminal court order forbidding my departure from the United States; a subpoena received from the United States in a matter involving federal prosecution for, or grand jury investigation of, a felony. (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. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [April 14, 2017, 6:13pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/18 "2017-04-14T18:13:34Z")
> [@TheWhitePorsche](#): > > If you don’t have anything substantive to add to this thread, then don’t comment. 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. ---
**Author:** ![TheWhitePorsche](https://avatars.discourse-cdn.com/v4/letter/t/c57346/32.png) [@TheWhitePorsche](https://boards.straightdope.com/u/TheWhitePorsche)\ **Post date:** [April 14, 2017, 9:26pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/19 "2017-04-14T21:26:50Z")
@jrDelirious: best answer submitted so far. An applicant may not be aware of an outstanding warrant, though. ---
**Author:** ![steatopygia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steatopygia/32/3132_2.png) [@steatopygia](https://boards.straightdope.com/u/steatopygia)\ **Post date:** [April 14, 2017, 11:06pm UTC](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299/20 "2017-04-14T23:06:44Z")
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. [Next page](https://boards.straightdope.com/t/will-a-passport-automatically-be-denied-for-a-failure-to-appear-warrant-for-a-felony-charge/784299.md?page=2)