As a convicted felon, it’s fair to worry and wonder about the different rights you might lose or difficulties you might face. For example, with Real ID becoming a new requirement to fly domestically in the United States, felons may wonder whether they can obtain this identification despite their criminal records.
You can obtain a Real ID even if you are a convicted felon in New Jersey. That doesn’t mean getting a Real ID is easy for convicted felons, either. Felons may struggle to meet the criteria due to not having a permanent address, a valid driver’s license, or other required identifying materials for a Real ID application. Don’t let your history hinder your future, and know you can get a Real ID if you are a convicted felon.
For a free case assessment, call the Law Offices of John J. Zarych’s New Jersey criminal defense lawyers today at (609) 616-4956.
Can I Get a Real ID as a Felon in New Jersey?
Convicted felons lose certain rights when they go to prison. For example, most convicted felons may not own a gun in New Jersey. People also lose their right to vote after being convicted of a felony, although they may have it restored upon release.
Even if you are still on parole, you may be eligible to obtain a Real ID. That said, you may still be unable to use it to board domestic flights departing from New Jersey. Generally speaking, parole conditions require released felons to stay within the state, or even within a local area of New Jersey. So, while you may get a Real ID, you may not be able to use it right away as a convicted felon.
Being a convicted felon does not mean you lose your right to fly on a plane domestically, unless it violates your parole.
Can I Get a Real ID if I Am Being Charged with a Felony?
If you have an active criminal case pending, getting a Real ID could be challenging, but not necessarily impossible. If a warrant is outstanding for your arrest, attempting to obtain a Real ID is very risky.
You may be required to surrender your driver’s license or passport as a condition of your bail if you are currently facing felony charges in New Jersey. Without these forms of identification, you may be unable to prove your identity and get a Real ID.
If there are active warrants out for your arrest, you may also be unable to successfully get a Real ID. The New Jersey Motor Vehicle Commission (MVC) licensing center you visit to try to obtain a Real ID can check for active warrants and may notify law enforcement, potentially leading to your arrest.
Contact our New Jersey criminal defense attorney immediately if you are arrested after attempting to get a Real ID with an active warrant.
How Can Felons Get a Real ID in New Jersey?
While convicted felons may obtain Real IDs after they are released from prison, getting them is not always easy. You must provide numerous identifying documents, proof of address, and other information, which may be more challenging if you were recently released from prison.
Proof of Address
Securing housing isn’t always easy for convicted felons. Landlords who discover convictions on background checks might refuse rental applications, and prospective employers may do the same, making it harder for felons to afford or obtain safe housing.
You need two items that prove your residential address to get a Real ID. For most people, an easy proof of address is their driver’s license. If your license displays your previous address where you no longer live, it is not sufficient to get a Real ID. If you were in prison for several years, your driver’s license may no longer be valid. Some felons have their licenses revoked and may not use them to prove their identity and get a Real ID.
Proof of Social Security Number
All Real ID applicants are required to provide their Social Security number (SSN). If the MVC cannot verify your SSN, you must provide a Social Security card, W-2 from the past year, 1099 form from within the past year, or a pay stub with your name and full SSN. None of these things may be available to you as a recently released felon.
Proof of Identity
To get a Real ID in New Jersey, you must provide six points of identity verification documents. Some documents are worth more points than others, like unexpired U.S. passports, which are worth four points, and Social Security cards, which are worth one point.
These documents must sufficiently prove your identity and lawful status in the United States. Getting any of them is challenging for anyone, let alone felons who may have been in prison for years, potentially lost touch with family, or do not have easy access to many identifying documents.
Will Expungement Help Me Get a Real ID?
While being a convicted felon can make some aspects of obtaining a Real ID more challenging, it doesn’t make you ineligible for this identification card. That said, expunging your record may make it easier to secure housing, obtain proof of address, and even find employment, all of which can set you on the path to obtaining all the necessary documents to get a Real ID.
Many felony convictions in New Jersey can be expunged, except for those involving certain violent offenses. You may only have to wait five years after serving your sentence to apply for expungement, a process our attorneys can help you with.
When a felony is expunged from your criminal record, no one can see it, and you can start to move forward with your life.
Get Help with Your Case When You Call Our New Jersey Lawyers
Call the Law Offices of John J. Zarych at (609) 616-4956 to speak with our Ocean City, NJ criminal defense lawyers.
