Renewing a Passport While an Arrest Warrant Is Outstanding
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
Have warrant and have a expire passport?
Attorney Answer
An outstanding warrant only blocks a passport if it is a felony warrant — and even then the State Department may refuse, it is not required to.
The rule is 22 C.F.R. § 51.60(b), which lists grounds on which the Department of State *may* refuse to issue a passport. Two are relevant here: § 51.60(b)(1), an outstanding federal warrant of arrest for a felony, including a warrant issued under the Fugitive Felon Act; and § 51.60(b)(9), an outstanding state or local warrant of arrest for a felony. The same subsection also reaches a person subject to a court order, condition of probation, or condition of parole forbidding departure from the United States. An ordinary state or local bench warrant for a lesser offense is not among the enumerated grounds — but note that this is because the grounds are limited to felonies, not because state and local warrants are outside the rule.
The more useful warning runs the other way, though. Getting the passport is not the same as being safe to travel:
A warrant does not expire, and applying for a passport does nothing to clear it. - Airports and border crossings are exactly where open warrants surface. A passport can issue and you can still be arrested at check-in or on return. - If you are on probation or parole, a condition forbidding departure is separately listed in § 51.60(b) — check your conditions before you apply, not after.
What you can do
1. Find out what the warrant is for and whether the underlying charge is a felony. The clerk of the issuing court can tell you, and a lawyer can check it without you having to appear. 2. Clear the warrant before you apply. A lawyer can usually arrange to have it recalled or schedule a voluntary appearance, which is a far better posture than being picked up on it. 3. If you are on probation or parole, get written permission to travel first — a condition forbidding departure is its own ground under § 51.60(b). 4. Only after the warrant is resolved, file the renewal application. 5. Do not book non-refundable travel until the warrant is gone.
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Frequently Asked Questions
Will applying for a passport tip off the police about my warrant?
The Department screens applicants against the grounds in 22 C.F.R. § 51.60, which include outstanding federal, state and local felony warrants. A felony warrant can surface that way. That is a reason to resolve the warrant first rather than to hope it goes unnoticed.
Can I fly domestically with an open warrant?
A passport is not required for domestic flights, so § 51.60 does not come into it. But any contact with law enforcement — a traffic stop, an identity check — can surface an outstanding warrant, and that risk does not diminish with time.
What if my warrant is only for failing to appear on a misdemeanor?
Then it is not among the enumerated grounds in 22 C.F.R. § 51.60(b), which reach felony warrants. It also does not go away on its own, and it will keep creating risk every time you are stopped or screened. Clearing it is usually straightforward with a lawyer's help.
