Passport with Felony Open Warrant

[Kalsima]

Does anyone know if they will deny you passport for an open warrant in another state? My husbands was approved but mine is still in process. My attorney said I have an open Felony warrant in Lakeport California. This was 8 years ago. I was charged with cocaine posession which was a lie it was xanax I dropped in my cats water bowl. I am being totally honest. There is no coke there only meth!

The police are crooked as well as the attorneys. I paid my attorney out there to have taken off and I showed proof of rehab for a year. I paid him over $10 grand and now I found out he didn't do a thing.

Will they deny my renewal because of the most corrupt county in the USA? 

Thank you anyone in advance! Hev

 

[jtab]

I have recently read an article about this. The ultimate conclusion is MAYBE. It all depends on the warrant itself. It’s sad the corruption in this country from the very people that we are suppose to trust the most. I’m not sure if that has any bearing on the matter at hand, but maybe if you could prove it. But that would require unfortunately a lot more money and an outstanding attorney I’m afraid. Below are some examples that you will get denied for:

1. You are subject to a criminal court order that forbids you from leaving the United States, or
   
   
2. You are the subject of an outstanding federal arrest warrant for a felony, or
   
   
3. You are the subject of a state or local warrant of arrest for a felony.
   
   

I don’t personally have any experience with this particular issue, but perhaps this will help a little.

 

[Brokenkey]

If you have an active warrant that shows up you will not be able to get a passport. That being said the quality of background checks can depend on the state and agency requesting it. If you now live in a different state it might be worth a try. Just make sure to play dumb if they come back with news of this warrant. If you have already submitted your application I'm assuming you did not check the box yes that asks this very question. Ignorance is forgiven but not intentionally giving false info on a passport application. If I were you I would contact the county your warrant is out of yourself. Obviously your past counsel was shady so I wouldn't trust he has your best interests at heart. If you do indeed have an active warrant retain an attorney or if you have to, even a public defender will work. It is always best to be the one making the moves. In all likelihood you can get the warrant dropped and a court date set. With covid 19 many counties are doing almost all court appearances by phone or video. Some of the best news is no jail wants any extra inmates right now. You will most likely have to turn yourself in to officially squash the warrant. For non violent offenders that is a book and release situation. Mugshot, fingerprints and some paperwork and the warrant will be dropped. A pain in the ass but not nearly as bad as getting pulled over in another state for a traffic violation only to find out you have a warrant and getting your car impounded, detained at the local jail till they decide if you should be transported all the way back to where the warrant is out of. Believe me, just the ride itself is bad enough as you will stop all the way back to pick up and drop off inmates at every backwater county jail. This turns a 5 hour drive into a three day tour of state run institutions. Anyhow forget all that! Being pro active is always looked at positively in these situations. Get that warrant squashed, get your passport and then you can take a vacation if the outcome isn't gonna be what you want. Either way good luck!

 

[Kalsima]

Wow thank you @jtab and especially you @Brokenkey I can't believe this is happening.  For the last 6 years I had no idea I even had a Felony. I did my year in treatment which I did in Ohio. My attorney in Lakewood California received all documents took my money and didn't do a thingMy husband is so bummed. We were planning on going to Mexico. I am going to take @Brokenkeyadvice and retain counsel and go forward from there. If they are going to turn me down I need to solve the situation first. I really do not want to go back to that crooked town because it says I have a $20,000 bond but hopefully I will be able to get it dropped but I agree I need a new attorney. Thank you so much even though it was not the response I wanted it is good to know. I really appreciate all your help. And great meeting you @Brokenkey the bearer of bad news! JK

 

[fidobaxter]

It's worth a try especially in some states they have limited availability for background checks. I personally have something on my background from over 9 years ago, not major but it comes up on background checks for employment and I always have to explain and show proof of what happened. However, a couple months ago I applied for this company and figured I'd get denied but was needing a second job due to covid and downsizing at my job, and I got approved /passed the check and it didn't even show up on the report. I guess it's possible I passed because this company only goes back 7 years or so, but it's the 1st time I've passed without having to provide documentation in the last few years. Perhaps you can do a quick search for your own report and see what comes up? Good luck. 

PS mine was for using a credit card in my now ex husband's name but we were going thru a divorce at the time. He was angry and pressed charges for using his info as a cosigner. Oops. It was dropped but the charge still shows. 

 

[Kalsima]

@fidobaxterthank you you gave me some hope. Its been 7 years for me. It says pending 8 to 12 weeks for me but my husbands says approved. I guess I will wait and see what they say but ruined vacation plans. But at least there's a tiny bit of hope. I will wait for the process but I have a feeling @Brokenkey the bearer of bad news is right! Just joking I thank you for your honest opinion. Thank you as well @fidobaxterhopefully I will get lucky like you! 

 

[Kalsima]

@fidobaxterand @jtab Thank you I followed your advice and reached out to Lakewood California. And believe me I was afraid to in case they would come and get me! Great news. First O tried attorneys in my home state but no go. So I retained counsel and he told me that after that conviction, California changed the law and my case will be a simple possession and be dismissed. I have to resend all documents and pay fines but it should not take long to have it dismissed. I have time because I have to go see my heart doctor in a month. So hopefully it will be straightened out after doctor appointments. Thank you so much for your help. I am so relieved to have my record cleaned up and probably would not have called without your advice but it gave me a sense of relief.

Thank you so much again Hev 

 

[jtab]

That is great news! See... you were worrying for nothing! I’m glad that it is going to work out for you. I guess we can definitely take a lesson from this... that perhaps things don’t always happen the way we think they will and the longer we put things off, it just makes us worry and dread them, when we could just get done with them and just maybe.... it will work out better than expected. I’m happy for you friend. Take care.

 

[Kalsima]

Lots of love and many thanks @jtab. Took a risk way out of my comfort zone and it was so much better than expected. I told you reading others stories does help. 6 years ago I would be in hiding! Now I want to deal with this and can move on with my life not be afraid to leave the house. Your the best. Been thinking of you hope your tooth is better!

Lots of love and thanks

Marci

 

[Kalsima]

Lots of love and many thanks @jtab. Took a risk way out of my comfort zone and it was so much better than expected. I told you reading others stories does help. 6 years ago I would be in hiding! Now I want to deal with this and can move on with my life not be afraid to leave the house. Your the best. Been thinking of you hope your tooth is better!

Lots of love and thanks

Hev