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 and probation are over. While California’s tiered registration system means not all offenders remain on the list for life, many still are required to register indefinitely. Some people convicted of sex crimes are even required to undergo chemical castration. These consequences can even follow a sex offender around the globe if they move to a new state or decide to obtain a passport for international travel.
Can Sex Offenders Get a Passport?
Most sex offenders can get a passport by going through the same steps as anyone else hoping to travel internationally. Those who are on the Megan’s Law registry after being convicted of a sex offense against children though must get a special passport that will contain a unique identifier disclosing their status. This unique identifier 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).”
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 prior to their conviction must reapply with the U.S. Department of State and declare that they are sex offenders.
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 endorsement (the message identifying the bearer as a sex offender who has committed a crime against an underage victim) on the book’s inside cover is the major defining characteristic of these travel documents.
Can a Sex Offender Get a Passport Card?
No. Because the identifying message on these passports is so wordy, those convicted of sex offenses against children can not obtain the smaller and less expensive passport cards. They can only apply for a standard passport book.
Can Sex Offenders Travel Internationally?
Yes, overall. But individual countries will 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 felony criminal convictions. Other countries, such as Costa Rica, deny entry to all registered sex offenders. Other countries may decide whether or not to grant admission to someone with a criminal background on a case-by-case basis, though those subject to sex offender registration are frequently denied.
Many countries, such as the United Kingdom or Japan, 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 or the consulate of the country you hope to visit prior to purchasing a plane ticket or otherwise moving forward with your travel plans.
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.
Creative Commons Image by Damian Bariexca.