Will court supervision (not probation) prevent someone from legally obtaining a U.S. passport?
Person in question wants to apply for a U.S. passport immediately and leave the country for Europe. He is not on probation, but he's currently on court supervision for alcohol abuse. He has to wear an ankle bracelet (with GPS?) and, I assume, is not allowed leave the state, let alone the country. Additionally, he has a few pending misdemeanor cases and is out on bond.
This person does not have a drugs or sex crimes conviction, has never been sentenced to state prison, and does not have any state or federal convictions or charges. His arrests and convictions have all been related to drug and alcohol abuse as well as domestic battery. He has served time in county jails.
Will his criminal background prevent him from receiving a U.S. passport? I assume the passport office runs criminal background checks and will see he is not supposed to leave the state in which he resides?
Uncle -- He does NOT have a conviction for drugs.
Joe Bilton -- Thanks. I have read the statutes, but it wasn't 100% clear to me if a "court order" means ANY court order -- or just an orders from a judge at the state or federal level. Again, he is on court supervision by order of a county circuit court judge.
- 8 years agoFavorite Answer
"Before any passport is issued, the passport applicant’s name is checked against a central name check system. A federal or state law enforcement investigative agency may request that a subject be placed in the passport name check system for notification before issuance even when there is no warrant or other court order. The written request should be sent to the Office of Legal Affairs (address below), and should include full biodata of the subject, the statute under which the subject is being investigated, and the agency address and phone number of the officer to be contacted.
A federal or state law enforcement agency may request the denial of a passport on several regulatory grounds under 22 CFR 51.70 and 51.72. The principal law enforcement reasons for passport denial are a federal warrant of arrest, a federal or state criminal court order, a condition of parole or probation forbidding departure from the United States (or the jurisdiction of the court), or a request for extradition. The HHS child support database and the Marshals Service WIN database are checked automatically for entitlement to a passport. Denial or revocation of a passport does not prevent the use of outstanding valid passports.
A request for denial should be in writing (delivered or faxed to the Office of Legal Affairs [address below]), and should include full biodata of the subject, a copy of the warrant of arrest and the name, agency address and phone number of the officer to be contacted. If an application is made, the State Department, in coordination with the requesting agency, will deny issuance of the passport.
Passport revocation may be effected when the person obtained the passport fraudulently, when the passport was issued in error, when the person’s certificate of naturalization was cancelled by a federal court, or when the person would not be entitled to a new passport under 22 CFR 51.70 (a) or (b). The physical revocation of a passport is often difficult, and an apparently valid passport can be used for travel until officially taken by an arresting officer or by a court.... "
So it looks like; If your local courts did their job correctly, that bracelet indicates that the subject is being monitored and thus, it is pretty safe to assume that the subject is forbidden to leave a certain area (such as their home). They are usually allowed to leave the home for predetermined periods of time.
If you are concerned about this person escaping justice, contact the police. They'll be happy to listen.
- Anonymous8 years ago
Any drug conviction will prevent him visiting many countries