How Can Sex Offenders Get a Passport?
Sex offenders face some of the longest sentences of any convicted criminals because their mandated inclusion on the Megan’s Law registry means they continue to be punished long after their incarceration, parole, and probation are over. While California’s tiered registration system means not all offenders remain on the list for life, many still must register indefinitely. Some people convicted of sex crimes are even required to undergo chemical castration. When a sex offender who victimizes a child wishes to travel, these consequences can even follow them around the globe, as they must obtain a special passport to travel internationally.
Can Sex Offenders Get a Passport?
Yes, they can obtain a passport. However, when applying for a new passport, a covered individual must submit a signed statement on the application stating they are a registered sex offender under International Megan’s Law.
Any offenders who had a passport before their conviction cannot renew. Instead, they must reapply for a new passport with the U.S. Department of State by:
- filling out all associated paperwork
- paying all the necessary fines
- submitting a valid photo
- declaring that they are sex offenders.
Many people covered by the law have even had their passports revoked completely, which has caused problems for individuals who were about to engage in international travel or, even worse, were out of the country when the document was revoked.
Applying for a Passport After a Conviction for a Sex Offense Against a Minor
The passport book itself looks nearly identical to other passports, so those carrying one need not be concerned about being outed to fellow travelers. The only difference is that the document will have a unique identifier that says, “The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(l).”
What Does a Sex Offender Passport Look Like?
The passport book itself looks nearly identical to other passport books, so those carrying one need not be concerned about being outed to fellow travelers. The only difference is that the document will have a unique identifier that says, “The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(l).”
The endorsement (the message identifying the bearer as a sex offender who has committed a crime against an underage victim) will appear on the book’s last page in older travel documents and near the photo on the front page in newer versions.
What Countries do Not Allow Sex Offenders to Enter?
While sex offenders can travel internationally, many countries will not grant them entry. Individual countries have their own policies on allowing those on the international sex offender registry into their borders. Some countries, such as Canada and New Zealand, deny entry to most people with criminal convictions. Other countries, such as Costa Rica, deny entry to all registered sex offenders. Similarly, some countries may decide whether or not to grant admission to someone with a criminal background on a case-by-case basis —and those subject to sex offender registration are frequently denied.
Countries that generally do not allow sex offenders to enter include:
- Argentina
- Australia
- Brazil
- Cambodia
- Canada
- Cayman Islands
- Chile
- China
- Columbia
- Costa Rica
- Cuba
- Dubai
- Ecuador
- Fiji
- Greece
- Haiti
- Honduras
- India
- Indonesia
- Iran
- Isreal
- Jamaica
- Kenya
- Korea
- Laos
- Malaysia
- Mexico
- New Zealand
- Nicaragua
- Panama
- Peru
- Russia
- Senegal
- Singapore
- South Africa
- St. Lucia
- Taiwan
- Thailand
- The Bahamas
- The Dominican Republic
- The Philippines
- Vietnam
What Countries Can Sex Offenders Travel to?
No countries advertise themselves as being open to visits from sex offenders. However, many countries do not require visitors from America to apply for a visa unless they plan to stay for an extended period. Because Americans do not need to fill out a visa to enter the country, most people with a criminal record would not need to disclose this information unless they wish to stay in the country for a lengthy stay, so they should not have any problem visiting. Child sex offenders, however, still may be denied entry to these countries because their passports immediately declare their status on the sex crimes registry.
If you are a registered sex offender, it is advisable to speak with an attorney to discuss what countries you can travel to without legal issues. When you plan to travel to a specific country, you may contact their consulate before purchasing a plane ticket. Without clearing your plans ahead of time, you may encounter issues while you travel.
Frequently Asked Questions
Do I Still Need to Obtain a Special Passport if I No Longer Have to Register as a Sex Offender?
California’s tiered sex offender registry does not require all offenders to register for life. However, anyone who was required to register at any point after being convicted of a sex crime against children must obtain a special passport with this identifier unless they were pardoned or acquitted of the offense. Note that an expungement is insufficient to clear an individual’s record for international travel.
Can Sex Offenders Get Passport Cards?
Someone who is found guilty of a sex crime against an adult victim may obtain a smaller, less expensive passport card. However, when someone has been convicted of sex offenses against children, the identifying message printed on their passport is so wordy that it will not fit on the smaller passport cards. The message only fits on a standard passport book.
Can Registered Sex Offenders Leave the Country?
Yes, as long as their parole or probation period is over. However, federal law requires those still legally required to register to notify the local authorities if they are traveling for work or school or planning to be out of the country for more than a week. This notification must be performed at least 21 days prior to the date of travel and must include the dates of travel, reason for travel, flight numbers, destinations, and more.
This law applies to all registered sex offenders, not just those convicted of crimes against children who are required to have unique identifiers on their passports.
Can Sex Offenders Move to a New Country?
Technically, yes, as long as they are not on probation or parole. However, before moving to a new county, state, or country, a sex offender must notify their local authority about their travel plans. More importantly, most countries will perform a background check before granting someone a residential visa, and few places are eager to accept new residents who are convicted sex offenders.
If you have any questions about sex offender laws, including those affecting your right to travel outside the country, please call sex crimes attorney Peter M. Liss. You can schedule a free initial consultation by calling (760) 643-4050.
The post How Can Sex Offenders Get a Passport? appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.