One of the most common questions we hear from people seeking to rebuild their lives after a criminal conviction is whether they can travel internationally specifically, if they can get a U.S. passport. For individuals with a felony on their record, the answer depends on the nature of the offense, whether any sentence requirements are still pending, and whether their record has been sealed under Arizona law.
If you’ve already sealed your felony record in Arizona, or you’re thinking about starting the process, you might be wondering how that impacts your ability to obtain or renew a passport. We help people understand how sealing records works, what benefits it brings, and how it affects federal matters like international travel.
Let’s walk through the key facts.
Does Having a Felony Automatically Prevent You from Getting a Passport?
In most cases, no. A felony on your record does not automatically prevent you from getting a passport. The U.S. Department of State, which issues passports, does not deny applications simply because of a criminal record. However, there are certain exceptions that can temporarily block or delay passport approval.
These exceptions include:
- If you are currently under federal or state court order that restricts your travel
- If you are on parole, probation, or serving a sentence
- If you owe more than $2,500 in child support
- If you have an active felony arrest warrant
- If you’ve been convicted of certain federal drug trafficking crimes and used a passport or crossed international borders in the commission of the offense
So, while most felony convictions, including those in Arizona, don’t disqualify someone from getting a passport, the issue becomes more complicated when you factor in sentencing status and federal travel restrictions. This is where record sealing in Arizona may help.
What Does It Mean to Seal a Record in Arizona?
Arizona’s record sealing law, A.R.S. § 13-911, allows individuals to petition the court to seal their criminal case once they’ve completed all the sentence requirements and waited the appropriate period of time. Once sealed, the record is no longer accessible to the public, including most employers, landlords, and private background check companies.
More importantly for people with travel goals, sealing a record can also signal to other government agencies like the Department of State that a person has resolved their legal issues and should no longer be treated as under penalty of law.
Here’s what sealing does:
- It releases you from all penalties and disabilities associated with the conviction
- It makes the record invisible to the public, as if it never happened
- It legally allows you to state that you have not been convicted, in most situations
- It removes the offense from most standard background checks
But it’s also important to understand what sealing does not do:
- It does not delete the record entirely from government systems
- It does not remove the case from federal databases accessible by law enforcement and certain agencies
- It does not automatically reinstate firearm rights (though those may be restored through a separate process)
- It does not remove convictions from the Motor Vehicle Division or from insurance databases
So while sealing is a powerful tool for personal and professional reinvention, it’s not the same as federal expungement. And that distinction matters when dealing with agencies like the U.S. Department of State.
Can a Sealed Felony Record Help with Getting a Passport?
Yes, in many situations, having your record sealed in Arizona can improve your chances of successfully obtaining a passport especially if your felony case is completely resolved and your civil rights have been restored.
When a record is sealed:
- You are no longer under the jurisdiction of the court, probation, or corrections
- You are considered free from all penalties, meaning there should be no remaining travel restrictions
- You may not be required to disclose the conviction when applying for a passport
- You present a cleaner legal background if the State Department reviews your history
However, it’s important to note that the federal government is not bound by Arizona’s sealing law. That means sealed cases might still appear in national law enforcement databases accessed by federal agencies. Still, sealing shows that the case is closed, resolved, and that you are no longer subject to legal supervision, all of which support a passport application.
What If the Felony Involved Drug Offenses or International Travel?
There are specific situations where a felony conviction, particularly for drug trafficking, can block someone from getting a passport under federal law. According to 22 U.S. Code § 2714, if a person is convicted of a drug offense and used a passport or crossed international borders during the commission of that crime, the State Department shall deny or revoke a passport.
This only applies to certain drug trafficking convictions, especially those prosecuted at the federal level, and typically involves international movement. Sealing a record in Arizona won’t override this type of federal restriction, but if your case was prosecuted at the state level and didn’t involve cross-border activity, you’re likely not affected by this rule.
If you’re unsure whether your felony conviction falls under this federal category, it’s worth consulting with a federal attorney to review the specifics. It is important to note that I am not a federally licensed lawyer and so typically refrain from giving federal legal advice.
Benefits of Sealing Your Arizona Record Beyond Travel
While getting a passport is one goal, sealing your record opens up a wide range of opportunities that help you move forward in life with fewer restrictions. Once your record is sealed:
- You can apply for jobs and housing without disclosing the conviction in most cases
- Your criminal history will be hidden from public view, reducing stigma and discrimination
- You’ll feel more confident when applying for financial aid, licenses, or business loans
- It can provide peace of mind, knowing your past no longer defines your future
Sealing is especially helpful for those pursuing a fresh start, whether through career growth, family reunification, or the freedom to travel internationally.
How Long Does It Take to Seal a Record in Arizona?
Currently, once you file your petition to seal a record, Arizona law requires a waiting period of at least 60 days before a judge can make a decision. During this time, the Department of Public Safety reviews your criminal history and submits a report to the court.
Keep in mind:
- All fines and restitution must be fully paid before applying
- The waiting period for eligibility begins after you’ve completed all sentencing requirements such as finishing probation, serving jail time, counseling requirements, etc.
- Each case is reviewed individually, so having multiple offenses no longer delays the sealing of older cases based on newer ones
This means you can seal eligible older offenses even if a more recent one is still within its own waiting period. The law was updated to allow each case to stand on its own.
Conclusion: A Sealed Felony Record Can Support Your Right to Travel
If your felony record has been sealed in Arizona, and you’ve completed all your sentence requirements, you are generally in a strong position to apply for a U.S. passport. While the federal government maintains its own records and discretion, sealing your record helps show that you’ve satisfied your legal obligations and are no longer under court control.
It’s a valuable step not just for travel, but for rebuilding your life. We’ve seen countless people reclaim their freedom, confidence, and opportunities through this process and it’s never too late to take that step.
If you’re thinking about sealing your record or wondering how your past might affect your ability to travel, we’re here to guide you through every part of the process.
Zachary Divelbiss, Lawyer
Future First Criminal Law
