A judge has different sentencing options depending on the crime, such as prison, jail, probation, community service and restitution. When you receive probation, a judge typically suspends the sentence, such as probation instead of a year in county jail . The probation can last a specific number of months or years. During that time, a judge imposes limits of what you can or can't do while on probation. The limits, called conditions of probation, may include obeying all laws, submitting to drug or alcohol testing and reporting to a probation officer.
Obtaining a passport depends on the condition of your probation. A judge may impose that you have to refrain from traveling outside of the country until your probation ends. Therefore, you can't apply for or use a passport for the length of your probation. If a judge allows you to travel outside the U.S., you may have to seek permission of your probation officer before trying to do so. If your probation officer denies your request, you can't leave the country.
A federal or state law-enforcement agency may request the denial of a passport on several regulatory grounds, under 22 CFR 51.72, reports the DOS. The reasons include a condition of probation or court order forbidding departure from the country. Thus, once you're placed on probation, your probation officer or state law-enforcement officer may send your information to the DOS. The DOS places your biodata into its name-check system. The system includes all the biodata, or information, about a person such as birth date and name. Even if you don't want to travel, but want to obtain a passport, you can have trouble doing so. Before issuing a passport, the DOS checks your name against a central name-check system.
Once your name matches the one in the system, along with all the biodata, your application is denied. Traveling outside of the country, if you already have a passport, violates your probation. So, when discovered, a judge revokes your probation during a revocation hearing. To find out if you've used your passport, a federal, state or local law-enforcement agency can request information using a written request on an agency letterhead.
