{"title":"What you can do with a felony","publisher":"Second Chance Index","page":"https://secondchanceindex.com/with-a-record","license":{"name":"Creative Commons Attribution 4.0 International (CC BY 4.0)","url":"https://creativecommons.org/licenses/by/4.0/"},"attribution":"Second Chance Index (https://secondchanceindex.com/with-a-record)","note":"Published records only, each with its sources and the date it was last checked. Not legal or financial advice.","last_verified":"2026-10-31","count":24,"records":[{"slug":"canada","question":"Can you go to Canada with a felony?","short_name":"Canada entry","category":"travel","answer":"usually_no","answer_line":"Usually not without doing something first: almost any felony conviction can make you inadmissible to Canada, but you may get in if enough time has passed to be deemed rehabilitated, if Canada approves your application for rehabilitation (possible 5 years after your sentence ends), or if an officer issues you a temporary resident permit for a specific trip.","summary":"Canada's Immigration and Refugee Protection Act (IRPA) section 36 makes foreign nationals inadmissible for crimes committed or convicted abroad, measured by what the offense would be under Canadian law, not by whether a U.S. court called it a felony or a misdemeanor. Most U.S. felonies, and many misdemeanors including DUI, line up with Canadian offenses that make a person inadmissible, and ones that carry 10 years or more in Canada (impaired driving since December 18, 2018, theft over $5,000, robbery) count as 'serious criminality'. You can stop being inadmissible by being deemed rehabilitated with the passage of time (only for a single, less serious offense after 10 years, or two or more minor offenses after 5 years), or by applying for rehabilitation once 5 years have passed since your whole sentence ended. Until then, a temporary resident permit, granted at an officer's discretion for a compelling reason, is the only way in, and the border officer still decides on the day.","rules":[{"id":"criminality-irpa-36-2","statement":"A foreign national is inadmissible to Canada for 'criminality' if convicted abroad of an offense that would be an indictable offense in Canada, or of two offenses (not from one incident) that would be offenses in Canada, or for committing such an act abroad even without a conviction.","detail":"IRPA 36(2)(b)-(c). Under IRPA 36(3)(a), an offense that Canada can prosecute either summarily or by indictment (a 'hybrid' offense) is treated as indictable even if it would have been prosecuted summarily, which is why many U.S. misdemeanors still count. IRCC's guide says foreign convictions and laws are equated to Canadian law as if they had occurred in Canada, and IRCC lists theft, assault, manslaughter, dangerous driving, impaired driving and drug possession or trafficking as examples of crimes that can make someone inadmissible. A single offense that would only be a summary offense in Canada does not by itself make you inadmissible under 36(2).","sources":[{"url":"https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-6.html","title":"Immigration and Refugee Protection Act, ss. 36 and 40 (Act current to 2026-09-30)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html","title":"Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity (Guide IMM 5312)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html","title":"Overcome criminal convictions","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]},{"id":"serious-criminality-irpa-36-1","statement":"It is 'serious criminality' if the foreign offense would carry a maximum of 10 years or more in prison in Canada, and serious criminality can never be cleared by the passage of time alone.","detail":"IRPA 36(1)(b)-(c). Examples from the Criminal Code: theft over $5,000 (s. 334(a), up to 10 years), robbery (s. 344, up to life) and impaired driving or refusing a breath or blood demand committed on or after December 18, 2018 (s. 320.19(1)(a), up to 10 years). By contrast, theft of $5,000 or less carries up to 2 years (s. 334(b)), so it is 'criminality', not serious criminality. IRCC's guide says that for offenses punishable by 10 years or more, deemed rehabilitation is 'not applicable' and you must apply for rehabilitation; IRCC charges more to process those applications.","sources":[{"url":"https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-6.html","title":"Immigration and Refugee Protection Act, ss. 36 and 40 (Act current to 2026-09-30)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://laws-lois.justice.gc.ca/eng/acts/c-46/section-320.19.html","title":"Criminal Code, s. 320.19 (punishment for impaired operation)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://laws-lois.justice.gc.ca/eng/acts/c-46/section-334.html","title":"Criminal Code, s. 334 (punishment for theft)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://laws-lois.justice.gc.ca/eng/acts/c-46/section-344.html","title":"Criminal Code, s. 344 (robbery)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html","title":"Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity (Guide IMM 5312)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]},{"id":"impaired-driving-since-2018-12-18","statement":"A DUI or other impaired-driving conviction, including one that was a misdemeanor in the U.S., can make you inadmissible for serious criminality if the offense was on or after December 18, 2018.","detail":"IRCC says tougher impaired-driving penalties took effect on December 18, 2018. For an offense committed before that date, IRCC applies the penalties in force at the time: you may be inadmissible for criminality rather than serious criminality (unless you got a Canadian prison sentence of more than 6 months), and you may be deemed rehabilitated once at least 10 years have passed since you completed your sentence. For an offense on or after that date, the 10-year maximum makes it serious criminality, so you need to apply for rehabilitation (after 5 years) or get a temporary resident permit. IRCC's guide says a court-ordered driving prohibition is part of the sentence: count the 5 years from the end of the prohibition.","sources":[{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions/impaired-driving.html","title":"Convicted of driving while impaired","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://laws-lois.justice.gc.ca/eng/acts/c-46/section-320.19.html","title":"Criminal Code, s. 320.19 (punishment for impaired operation)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html","title":"Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity (Guide IMM 5312)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]},{"id":"deemed-rehabilitation-irpr-18","statement":"You may be 'deemed rehabilitated', with no application needed, only if your record is limited: one offense that would carry less than 10 years in Canada and at least 10 years since your sentence ended, or two or more minor (summary-level) offenses and at least 5 years since the sentences ended.","detail":"Immigration and Refugee Protection Regulations (IRPR) s. 18(2). For the single-offense class, there must be no other convictions in Canada for an indictable offense, no other foreign conviction in the last 10 years, and no other criminal act (s. 18(2)(a)). For the two-or-more-summary-offenses class, the 5-year clock runs from the end of all sentences, and none of the offenses can be equivalent to an indictable offense (s. 18(2)(b)). IRCC's self-assessment for asking at the border covers only people with one conviction or one crime in total, and adds that at least 10 years must have passed since you completed all sentences ('payment of all fees, jail time completed, restitution paid, etc.'), that the crime must not be considered serious in Canada, and that it must not have involved serious property damage, physical harm to anyone or any weapon. Serious criminality (10 years or more) never qualifies.","sources":[{"url":"https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-5.html","title":"Immigration and Refugee Protection Regulations, ss. 17-18 (current to 2026-09-30)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions/deemed-rehabilitation.html","title":"Deemed rehabilitation","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]},{"id":"individual-rehabilitation-irpa-36-3-c","statement":"You can apply for criminal rehabilitation once at least 5 years have passed since your entire sentence ended (including probation, fines and any driving prohibition), or since the act if you weren't convicted; approval removes the criminal grounds of inadmissibility.","detail":"IRPA 36(3)(c) and IRPR s. 17 (5-year period, with no later conviction). The application is form IMM 1444 with the IMM 5312 guide. As of October 22, 2026, IRCC's fee list shows C$246.25 for criminality and C$1,231.00 for serious criminality; fees are not refunded if you are refused. An officer recommends approval or refusal; IRCC says the local office manager usually decides less serious cases and the Minister decides more serious ones. The factors include the number and seriousness of your offenses, your behaviour since, your explanation and why you won't reoffend, community support and your present circumstances. IRCC warns that applications can take over a year. If less than 5 years have passed, you can submit the form 'For Information Only' and an officer will consider whether you can come temporarily.","sources":[{"url":"https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-6.html","title":"Immigration and Refugee Protection Act, ss. 36 and 40 (Act current to 2026-09-30)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-5.html","title":"Immigration and Refugee Protection Regulations, ss. 17-18 (current to 2026-09-30)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html","title":"Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity (Guide IMM 5312)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-rehabilitation-inadmissible-persons-criminal-activity.html","title":"Application for Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://ircc.canada.ca/english/information/fees/fees.asp","title":"Citizenship and immigration application fees: Fee list (Inadmissibility)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]},{"id":"temporary-resident-permit-irpa-24","statement":"A temporary resident permit (TRP) can let an inadmissible person enter for a set period, but only if an officer decides your reason for coming is compelling enough to outweigh any risk to Canadians.","detail":"IRPA 24(1) lets an officer issue a TRP if 'it is justified in the circumstances', and the permit can be cancelled at any time. IRCC says even a minor-seeming inadmissibility requires showing that the visit is for a compelling reason. The fee is C$246.25 per person on IRCC's fee list (October 22, 2026) and isn't refunded if refused. A TRP can be issued for up to 3 years, stops being valid once you leave Canada unless it says it is valid for re-entry, and doesn't resolve the inadmissibility itself: IRCC expects TRP holders to take any action required to resolve it. IRCC's TRP 'How to apply' page gives U.S. citizens and lawful permanent residents in the U.S. two routes: before travelling, gather your documents and send an enquiry through IRCC's web form asking that it go to the visa office in Los Angeles for instructions on applying; or, at a port of entry, tell the officer you want TRP consideration, and the officer may issue one if your need to enter outweighs the risks, or refuse it and not let you in. IRCC's checklist for applicants in the U.S. (IMM 5939) asks TRP applicants for form IMM 1444 marked 'For Information Only' with 'TRP' written on the first page, a statement of the trip's purpose and dates, two photos, evidence of the trip's purpose, an FBI certificate issued within 12 months, all court records, proof you completed each sentence, and, if you're on probation, your probation officer's permission to travel.","sources":[{"url":"https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-4.html","title":"Immigration and Refugee Protection Act, s. 24 (temporary resident permit)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/temporary-resident-permit/who-can-apply.html","title":"Temporary resident permit: Who can apply or make a request","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/temporary-resident-permit/how-to-apply.html","title":"Temporary resident permit: How to apply or make a request","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/temporary-resident-permit/after-you-apply.html","title":"Temporary resident permit: After you apply or make a request","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/content/dam/ircc/documents/pdf/english/kits/forms/imm5939/01-02-2021/imm5939e.pdf","title":"Rehabilitation and Temporary Resident Permit (TRP) Checklist for applicants in the USA (IMM 5939, February 2021)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://ircc.canada.ca/english/information/fees/fees.asp","title":"Citizenship and immigration application fees: Fee list (Inadmissibility)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]},{"id":"dismissals-pardons-and-youth-records","statement":"Dismissed charges, discharges and pardons from outside Canada don't automatically clear you; only a Canadian record suspension or acquittal does so by law.","detail":"IRPA 36(3)(b) bars inadmissibility based on a conviction with a Canadian record suspension (formerly a pardon) or a final acquittal. IRCC's guide says that for an offense outside Canada, withdrawn or dismissed charges, an absolute or conditional discharge, or a pardon mean you 'may' still be inadmissible, because IRPA also covers committing an act abroad; IRCC says to ask the visa office for your region whether a foreign pardon or discharge is recognized, and to send complete court records. IRPA 36(3)(e) excludes offenses dealt with under Canada's youth justice laws, and IRCC's guide says foreign juvenile convictions generally don't count unless you were convicted in adult court in a country with a youth system, or would have been treated as an adult in Canada.","sources":[{"url":"https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-6.html","title":"Immigration and Refugee Protection Act, ss. 36 and 40 (Act current to 2026-09-30)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html","title":"Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity (Guide IMM 5312)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html","title":"Overcome criminal convictions","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]},{"id":"border-officer-decides","statement":"U.S. citizens don't need a visa or eTA to visit Canada, so your admissibility is usually decided at the border by a Canada Border Services Agency officer, who can refuse entry even if you hold a TRP.","detail":"IRCC's entry requirements page says U.S. nationals and permanent residents don't need a visa or an eTA. IRCC says a border services officer decides whether you can enter when you arrive, and that even with a valid TRP, border officers can refuse entry. Approval of rehabilitation is only one part: you still have to meet the other entry requirements.","sources":[{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/entry-requirements-country.html","title":"Find out what you need to travel to Canada: entry requirements by country or territory","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions/impaired-driving.html","title":"Convicted of driving while impaired","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html","title":"Overcome criminal convictions","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]}],"barriers":[{"statement":"Still serving any part of a sentence (probation, unpaid fines or restitution, a driving prohibition) means the 5-year clock for rehabilitation hasn't started, so a TRP is the only option.","detail":"IRCC's guide counts the 5 years from the end of probation, from the last fine payment, or from the end of a driving prohibition.","sources":[{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html","title":"Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity (Guide IMM 5312)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]},{"statement":"Hiding or misstating your record can make you inadmissible for misrepresentation for 5 years, on top of the criminal issue.","detail":"IRPA 40(1)(a) and 40(2)(a): misrepresenting or withholding material facts makes a person inadmissible for five years after a final determination outside Canada (or after a removal order is enforced, if decided in Canada).","sources":[{"url":"https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-6.html","title":"Immigration and Refugee Protection Act, ss. 36 and 40 (Act current to 2026-09-30)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"}]},{"statement":"Rehabilitation can take more than a year, and asking at the border risks being turned away.","detail":"IRCC says rehabilitation applications can take over a year and routine ones six months or more, that Canadian visa offices in the U.S. don't assess deemed rehabilitation in advance, and that people who live in the U.S. and are unsure whether they qualify should apply for individual rehabilitation rather than risk refusal at the port of entry.","sources":[{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions/deemed-rehabilitation.html","title":"Deemed rehabilitation","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html","title":"Overcome criminal convictions","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]},{"statement":"Fees are adjusted every December 1, so check the fee list on the day you pay.","detail":"A December 2025 Canada Gazette remission order explains that the rehabilitation and TRP fees must be adjusted annually for the Consumer Price Index under the Service Fees Act, and that IRCC started applying those adjustments on December 1, 2023. IRCC's fee-changes page shows the last two increases: on December 1, 2024 (criminality and TRP C$229.77 to C$239.75; serious criminality C$1,148.87 to C$1,199.00) and on December 1, 2025 (C$239.75 to C$246.25; C$1,199.00 to C$1,231.00). The amounts after December 1, 2026 aren't published yet.","sources":[{"url":"https://ircc.canada.ca/english/information/fees/fee-changes.asp","title":"Citizenship and immigration application fees: Fee changes","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://gazette.gc.ca/rp-pr/p2/2025/2025-12-17/html/si-tr126-eng.html","title":"Certain Fees Under the Immigration and Refugee Protection Regulations Remission Order: SI/2025-126","publisher":"Canada Gazette, Part II (Government of Canada)","accessed":"2026-10-22"},{"url":"https://ircc.canada.ca/english/information/fees/fees.asp","title":"Citizenship and immigration application fees: Fee list (Inadmissibility)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]}],"waivers":[{"statement":"Deemed rehabilitation: if your record qualifies, bring proof to the border and ask the officer to find you deemed rehabilitated.","detail":"IRCC says people who live in the U.S. may ask to be assessed at a port of entry (visa offices in the U.S. don't assess it in advance), that a request may be refused, and that if you aren't deemed rehabilitated you won't be allowed in. Its self-assessment is for people with one conviction in total. IRCC's checklist for this: passport or birth certificate with photo ID, court documents for each conviction and proof that all sentences were completed, a recent criminal record check, and police certificates from the country of conviction and anywhere you lived for six months or more in the last 10 years.","sources":[{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions/deemed-rehabilitation.html","title":"Deemed rehabilitation","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]},{"statement":"Individual rehabilitation: apply on form IMM 1444 once 5 years have passed since your sentence ended; IRCC says approval removes the grounds of criminal inadmissibility.","detail":"IRCC says a separate rehabilitation application goes directly to the visa office responsible for your region, by mail or courier only, and tells people who don't need a visa or eTA (such as U.S. citizens) to contact the nearest visa office before coming to Canada and to include a prepaid airway bill so documents can be returned. Applicants in the U.S. use checklist IMM 5939: the completed IMM 1444 (including the description of events and why you consider yourself rehabilitated), the fee receipt, a passport information page, an FBI certificate and state police certificates issued within 12 months, every court judgment and disposition, proof you completed each sentence, and evidence supporting rehabilitation such as employment letters and references.","sources":[{"url":"https://www.canada.ca/content/dam/ircc/documents/pdf/english/kits/forms/imm5939/01-02-2021/imm5939e.pdf","title":"Rehabilitation and Temporary Resident Permit (TRP) Checklist for applicants in the USA (IMM 5939, February 2021)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-rehabilitation-inadmissible-persons-criminal-activity.html","title":"Application for Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://ircc.canada.ca/english/information/inadmissibility/apply-where.asp","title":"Inadmissibility: Where to submit your application","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]},{"statement":"Temporary resident permit: for a specific, compelling trip while you aren't yet eligible for rehabilitation or are waiting for a decision.","detail":null,"sources":[{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/temporary-resident-permit/who-can-apply.html","title":"Temporary resident permit: Who can apply or make a request","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]},{"statement":"Canadian convictions: apply to the Parole Board of Canada for a record suspension, which removes the inadmissibility.","detail":"IRPA 36(3)(b); IRCC's guide says that if you have both Canadian and foreign records you need a record suspension and approval of rehabilitation.","sources":[{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html","title":"Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity (Guide IMM 5312)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"}]}],"steps":["Get certified court records for every arrest and conviction (charge, statute, disposition, sentence, and proof each part of the sentence was completed, including probation, fines and restitution).","Work out the Canadian equivalent of each offense and its maximum penalty in Canada (the Criminal Code is free on laws-lois.justice.gc.ca). Ten years or more means serious criminality.","Count from the day your whole sentence ended: 5 years makes you eligible to apply for rehabilitation; 10 years (one less serious offense) or 5 years (two or more minor offenses) may make you deemed rehabilitated.","If you might be deemed rehabilitated, read IRCC's self-assessment and bring the listed documents to the border; if you're unsure, apply for individual rehabilitation instead.","If you're eligible for rehabilitation, apply on form IMM 1444 with the IMM 5312 guide, pay the criminality or serious-criminality fee, and apply more than a year before you plan to travel.","If you need to go before you're eligible or before a decision, ask for a temporary resident permit and document why the trip is necessary: from the U.S., through IRCC's web form to the Los Angeles visa office (with the IMM 5939 checklist), or by asking the officer at the port of entry, which risks being turned away.","Answer every question about your record truthfully; misrepresentation is its own 5-year bar.","If you're on probation, parole or supervised release, also get permission to travel abroad first (see our page on leaving the country)."],"state_variation":"none","rule_setter":"Canada's federal law, the same for travelers from every U.S. state","state_detail":"Canadian federal law decides, the same for everyone. U.S. state law matters only for the facts Canada looks at: the exact offense, the sentence and when it ended. Canada compares your offense to Canadian law, so a state's felony or misdemeanor label, and a state expungement or pardon, don't settle the question by themselves.","state_examples":[],"official_links":[{"name":"IRCC: Overcome criminal convictions","url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html","detail":"Deemed rehabilitation, individual rehabilitation, record suspensions and temporary resident permits."},{"name":"IRCC: Application for criminal rehabilitation (IMM 1444, guide IMM 5312)","url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-rehabilitation-inadmissible-persons-criminal-activity.html","detail":"Forms, checklists (including IMM 5939 for applicants in the U.S.) and instructions."},{"name":"IRCC: Temporary resident permit","url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/temporary-resident-permit.html","detail":"Who can ask, how U.S. residents request one, and how long it lasts."},{"name":"IRCC fee list","url":"https://ircc.canada.ca/english/information/fees/fees.asp","detail":"Current rehabilitation and TRP fees (under Inadmissibility)."},{"name":"Immigration and Refugee Protection Act, s. 36","url":"https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-6.html","detail":"The legal definitions of criminality and serious criminality."}],"related":["leave-the-country","passport","mexico"],"sources":[{"url":"https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-6.html","title":"Immigration and Refugee Protection Act, ss. 36 and 40 (Act current to 2026-09-30)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-4.html","title":"Immigration and Refugee Protection Act, s. 24 (temporary resident permit)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-5.html","title":"Immigration and Refugee Protection Regulations, ss. 17-18 (current to 2026-09-30)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://laws-lois.justice.gc.ca/eng/acts/c-46/section-320.19.html","title":"Criminal Code, s. 320.19 (punishment for impaired operation)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://laws-lois.justice.gc.ca/eng/acts/c-46/section-334.html","title":"Criminal Code, s. 334 (punishment for theft)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://laws-lois.justice.gc.ca/eng/acts/c-46/section-344.html","title":"Criminal Code, s. 344 (robbery)","publisher":"Justice Laws Website, Department of Justice Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html","title":"Overcome criminal convictions","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions/deemed-rehabilitation.html","title":"Deemed rehabilitation","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions/impaired-driving.html","title":"Convicted of driving while impaired","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html","title":"Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity (Guide IMM 5312)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-rehabilitation-inadmissible-persons-criminal-activity.html","title":"Application for Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/temporary-resident-permit/who-can-apply.html","title":"Temporary resident permit: Who can apply or make a request","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/temporary-resident-permit/how-to-apply.html","title":"Temporary resident permit: How to apply or make a request","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/temporary-resident-permit/after-you-apply.html","title":"Temporary resident permit: After you apply or make a request","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://ircc.canada.ca/english/information/inadmissibility/apply-where.asp","title":"Inadmissibility: Where to submit your application","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/content/dam/ircc/documents/pdf/english/kits/forms/imm5939/01-02-2021/imm5939e.pdf","title":"Rehabilitation and Temporary Resident Permit (TRP) Checklist for applicants in the USA (IMM 5939, February 2021)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://ircc.canada.ca/english/information/fees/fees.asp","title":"Citizenship and immigration application fees: Fee list (Inadmissibility)","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://ircc.canada.ca/english/information/fees/fee-changes.asp","title":"Citizenship and immigration application fees: Fee changes","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/entry-requirements-country.html","title":"Find out what you need to travel to Canada: entry requirements by country or territory","publisher":"Immigration, Refugees and Citizenship Canada","accessed":"2026-10-22"},{"url":"https://gazette.gc.ca/rp-pr/p2/2025/2025-12-17/html/si-tr126-eng.html","title":"Certain Fees Under the Immigration and Refugee Protection Regulations Remission Order: SI/2025-126","publisher":"Canada Gazette, Part II (Government of Canada)","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"mexico","question":"Can you travel to Mexico with a felony?","short_name":"Mexico entry","category":"travel","answer":"depends","answer_line":"It depends: Mexico's law has no list of banned offenses and no waiver to apply for; the ground it gives for refusing someone over their record is that the record, in Mexico or abroad, would compromise national or public security, so a felony conviction is not an automatic bar, but an immigration officer decides at the border, case by case.","summary":"Mexico's Ley de Migración (Article 43, fraction I) says immigration authorities 'may' deny entry, a visa or stay to a foreign national when their record in Mexico or abroad compromises national or public security. Since a reform in force on January 8, 2021, the law no longer mentions being under criminal prosecution or convicted of a 'serious crime' as grounds, and it names no offenses, no felony or misdemeanor label and no look-back period, although some Mexican consulate pages still describe the older test. People with U.S. felony convictions can still be sent to a 'second review' at the airport or land crossing, where an officer decides on the facts, and a refusal means you go back. Mexico has no pre-approval or waiver process for tourists that we could find (the Mexican consulate in Miami says there is no way to know about your case before you travel), so the practical steps are to carry your court records, answer questions truthfully, and, if you are still under supervision, get permission on the U.S. side first.","rules":[{"id":"ley-migracion-art-43-i-security-grounds","statement":"Mexico's immigration authorities may deny a visa, regular entry or stay to a foreign national whose record in Mexico or abroad would compromise national or public security; the law names no particular offenses.","detail":"Ley de Migración, Article 43, in the version current to the DOF reform of January 15, 2026: 'las autoridades migratorias podrán negar la expedición de la visa, la internación regular a territorio nacional o su permanencia a los extranjeros que se ubiquen en alguno de los siguientes supuestos: I. Cuando derivado de sus antecedentes en México o en el extranjero se comprometa la seguridad nacional o la seguridad pública'. In plain English: officials 'may' (podrán, so it is discretionary) refuse when, because of the person's record in Mexico or abroad, national or public security would be put at risk. The text does not say 'felony', 'conviction', 'arrest', a type of crime or a number of years, so we do not list disqualifying offenses. The other grounds in Article 43 are not meeting the Law's requirements (II), documents that are not authentic (III), an express prohibition by a competent authority (IV) and other legal provisions (V). Article 43 also says the authorities have the means to verify these grounds and may ask the foreign national for information or data. The same security wording appears as a ground to cancel residence (Article 64, fraction VI) and to deport someone who is already inside the country (Article 144, fraction IV).","sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración, arts. 37, 43, 64, 144 (Última reforma publicada DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/ref/lmigra.htm","title":"Ley de Migración: reform history and original and reform texts","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"}]},{"id":"2021-reform-removed-criminal-process-and-serious-crime-test","statement":"A reform published January 7, 2021 removed the old wording that let Mexico refuse people who were facing criminal charges or had been convicted of a 'serious crime'; the current text is security-based only.","detail":"The original 2011 text of Article 43, fraction I read: 'Estar sujeto a proceso penal o haber sido condenado por delito grave conforme a las leyes nacionales en materia penal o las disposiciones contenidas en los tratados y convenios internacionales de los cuales sea parte el Estado mexicano, o que por sus antecedentes en México o en el extranjero pudieran comprometer la seguridad nacional o la seguridad pública'. The decree published in the Diario Oficial de la Federación on January 7, 2021 (it took effect the next day) rewrote it to the current wording and made the same change in Articles 64 and 144. Some Mexican foreign-ministry pages still describe the older test: the Embassy of Mexico in Canada's 'Entry Requirements' page (last updated November 25, 2020), the Consulate General in Toronto's FAQ and the Consulate General in Miami's undated English FAQ say entry may be refused if you are facing criminal charges or were convicted of a 'serious crime' and then list offenses taken from an old federal criminal procedure code. Those lists do not appear in the current law, which is why we do not repeat them as rules. They show, though, that an officer may still ask about charges and convictions.","sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/ref/lmigra/LMigra_orig_25may11.pdf","title":"Ley de Migración, original text (DOF 25-05-2011), art. 43","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico), reproducing the Diario Oficial de la Federación","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/ref/lmigra/LMigra_ref12_07ene21.pdf","title":"Decreto por el que se reforman los artículos 43, 64 y 144 de la Ley de Migración (DOF 07-01-2021)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico), reproducing the Diario Oficial de la Federación","accessed":"2026-10-28"},{"url":"https://embamex.sre.gob.mx/canada/index.php/en/notices/11506-330-entryrequirements","title":"Entry Requirements (Important Announcements; last updated 25 November 2020)","publisher":"Embassy of Mexico in Canada, Secretaría de Relaciones Exteriores (Mexico)","accessed":"2026-10-28"},{"url":"https://consulmex.sre.gob.mx/toronto/index.php/en/faq","title":"FAQ: 'I am Canadian and I have a criminal record; can I travel to Mexico?'","publisher":"Consulate General of Mexico in Toronto, Secretaría de Relaciones Exteriores (Mexico)","accessed":"2026-10-28"},{"url":"https://consulmex.sre.gob.mx/miami/images/2023/visas/faqs_english.pdf","title":"Frequent Question/Answers, section 7: Criminal record","publisher":"Consulate General of Mexico in Miami, Secretaría de Relaciones Exteriores (Mexico)","accessed":"2026-10-28"}]},{"id":"entry-documents-and-questions","statement":"To enter, a foreign visitor must show a valid passport (and a visa if their country needs one), give the personal information officials ask for, and may be asked about the trip, where they will stay, how they will pay and how they will leave.","detail":"Ley de Migración, Article 37: present 'Pasaporte o documento de identidad y viaje que sea válido' and, 'cuando así se requiera', a visa (fraction I), and 'proporcionar la información y los datos personales que las autoridades competentes soliciten' (fraction II). Article 52, fraction I, sets the visitor status for tourism or business without paid work at no more than 180 days. The Reglamento, Article 60, lists what the officer may check at the immigration filter 'en caso de duda' (when in doubt), including the reason for travel, residence, address and length of stay, the activities you do in your own country, your means of support and the transport you will use to leave. INM's page for nationals who don't need a visa lists the same items and says the officer, to confirm the reason for the trip, will ask for proof such as a hotel reservation, return tickets or a tour itinerary. Neither the Law, the Reglamento nor INM's page lists a question about criminal history, but Article 43 lets the authorities verify the security ground and request information.","sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración, arts. 37, 43, 52 (Última reforma publicada DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/regley/Reg_LMigra.pdf","title":"Reglamento de la Ley de Migración, art. 60 (Última reforma DOF 23-05-2014)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.inm.gob.mx/gobmx/word/index.php/paises-no-requieren-visa-para-mexico/","title":"Países y regiones que No requieren visa para viajar a México (published 1/03/2024)","publisher":"Instituto Nacional de Migración (Mexico)","accessed":"2026-10-28"}]},{"id":"fmm-forma-migratoria-multiple","statement":"Entering by land, you generally need a Forma Migratoria Múltiple (FMM); by air, INM issues a digital FMM after an officer clears you, and neither the FMM request page nor INM's own description asks about criminal history.","detail":"The U.S. Embassy in Mexico says most travelers entering by land must have an FMM, obtainable online or from an immigration officer at the port of entry, and that travelers staying in a border city fewer than 7 days may not be required to present one. INM's page on the digital FMM (FMMd, May 2, 2023) says air travelers no longer fill in a paper or electronic FMM: the officer stamps the passport with the authorized stay, and the traveler can download the FMMd afterward. INM's online FMM request page asks for route, flight, name, sex, date of birth, nationality, passport details, country and address of residence, reason for travel, address in Mexico and an email address; we saw no question about convictions or arrests. Its terms say the applicant accepts, 'bajo protesta de decir verdad', that the information given is true and may be sanctioned for false information; that paying the fee 'no garantiza su ingreso a México'; and that a U.S. passport card can be used only at land crossings and in the border zone, not for travel to the interior or by air. INM's privacy notice for the form says the data is collected to check that the Law's requirements are met, to confirm that what you state is truthful and consistent with your documents, and to exercise 'la facultad de autorizar o no el ingreso'. So the FMM is not where your record is normally asked about, but the officer who stamps it is the one who decides whether you are admitted.","sources":[{"url":"https://www.inm.gob.mx/fmme/publico/solicitud.html","title":"Forma Migratoria Múltiple (FMM) online request and privacy notice","publisher":"Instituto Nacional de Migración (Mexico)","accessed":"2026-10-28"},{"url":"https://www.gob.mx/inm/articulos/forma-migratoria-multiple-digital-fmmd","title":"Forma Migratoria Múltiple Digital (FMMd) (May 2, 2023)","publisher":"Instituto Nacional de Migración (Mexico)","accessed":"2026-10-28"},{"url":"https://mx.usembassy.gov/driving-to-mexico/","title":"Driving to Mexico (April 23, 2026)","publisher":"U.S. Embassy & Consulates in Mexico, U.S. Department of State","accessed":"2026-10-28"}]},{"id":"second-review-and-refusal-procedure","statement":"If an officer has doubts, you are sent to a 'second review' that may last no more than 4 hours unless you or your consulate ask for more time (and never more than 24), where you can explain and present evidence, and a refusal must be in writing with reasons.","detail":"Ley de Migración, Article 87: if an officer sees an irregularity, a missed requirement or 'algún impedimento legal', a second review follows; Article 88: if INM rejects a foreign national, a written record states the legal basis and reasons. Reglamento, Article 60: the officer sends the person to second review when they don't meet the entry requirements, there is a migration alert, there are inconsistencies in the information, or documents lack authenticity or truthfulness; the second review must be reasoned ('fundar y motivar'), the person 'podrá manifestar lo que a su derecho convenga y exhibir los medios de prueba', must be told they can contact their consulate, and the review cannot exceed four hours, extendable only at the person's or their consul's express request and never beyond 24 hours. Reglamento, Article 65: INM must reject entry when someone does not meet the Law's entry requirements in Article 37 (I and II) or falls under Article 43. Reglamento, Article 94: a rejected person must return to the country they came from ('país de procedencia') and may ask to enter again later if they meet the Law's requirements. Reglamento, Article 98: when INM sees someone who falls under Article 43 or 80 (the latter covers links to terrorism or organized crime, or any other activity that endangers national security), it informs the competent authorities and sends the person to second review.","sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración, arts. 80, 87, 88 (Última reforma publicada DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/regley/Reg_LMigra.pdf","title":"Reglamento de la Ley de Migración, arts. 60, 65, 94, 98 (Última reforma DOF 23-05-2014)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"}]},{"id":"who-decides-and-how-records-are-found","statement":"Mexican immigration officers (INM) decide at the border, one traveler at a time; the law gives them records and control lists to consult but publishes no screening criteria for people with convictions.","detail":"Reglamento, Article 95: federal agencies must give INM information related to the entry, exit and stay of people; Article 96: INM manages the immigration control lists (listas de control migratorio) and shares them with national-security bodies on request. Ley de Migración, Article 80: in its control work INM must consult and inform national-security authorities about people with links to terrorism or organized crime, or any other activity that endangers national security. We found no official Mexican source that says how Mexico obtains U.S. court records, whether U.S. agencies share them, or how often travelers with convictions are refused or admitted, so we can't say what share of people with felonies are stopped. The Embassy of Mexico in Canada's page states that 'at the point of entry, Mexico's immigration officers (INAMI) are the only authority that can accept or refuse the entry of any traveller', even for people who already hold a visa or don't need one.","sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/regley/Reg_LMigra.pdf","title":"Reglamento de la Ley de Migración, arts. 95-96 (Última reforma DOF 23-05-2014)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración, art. 80 (Última reforma publicada DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://embamex.sre.gob.mx/canada/index.php/en/notices/11506-330-entryrequirements","title":"Entry Requirements (Important Announcements; last updated 25 November 2020)","publisher":"Embassy of Mexico in Canada, Secretaría de Relaciones Exteriores (Mexico)","accessed":"2026-10-28"}]},{"id":"driving-into-mexico","statement":"Driving in by land adds paperwork for your vehicle, but the U.S. government's guidance doesn't link any of it to a criminal record; the same entry check on the person applies.","detail":"The U.S. Embassy's 'Driving to Mexico' page (April 23, 2026) says U.S. citizens entering by land should be ready to show a passport book or passport card, and most need an FMM. To drive a U.S.-registered vehicle beyond the areas it lists as not requiring a permit (Baja California peninsula, the Sonora Free Zone, Quintana Roo and the roughly 12-mile border zone), you must get a Temporary Vehicle Importation Permit (TVIP) at a CIITEV module at major crossings or request it from the Banjercito website 10 to 60 days ahead; the fee is between 45 and 59 USD plus a refundable deposit of between 200 and 400 USD, and you need separate Mexican auto insurance. The page also warns that you are subject to Mexican law, that carrying weapons or ammunition is a serious crime, that all drug possession is illegal (including marijuana with a medical permit), and that e-cigarettes and vaping liquids can't be brought in. We did not open Banjercito's own pages, so we can't say whether the TVIP application asks about criminal history.","sources":[{"url":"https://mx.usembassy.gov/driving-to-mexico/","title":"Driving to Mexico (April 23, 2026)","publisher":"U.S. Embassy & Consulates in Mexico, U.S. Department of State","accessed":"2026-10-28"}]}],"barriers":[{"statement":"Giving false information or showing documents that aren't authentic is its own ground for refusal and, once you are in Mexico, for deportation.","detail":"Ley de Migración, Article 43, fraction III (documents or elements provided that are not authentic), and Article 144, fraction V (deportation of someone who 'proporcione información falsa o exhiba ante el Instituto documentación apócrifa, alterada o legítima, pero que haya sido obtenida de manera fraudulenta'). Under Article 144, INM sets a period during which a deported person may not re-enter; Reglamento Article 244 sets ranges from one to twenty years depending on the case, and both Article 144 and Article 244 make the deportation permanent ('definitiva') when the person's record in Mexico or abroad could compromise national or public security.","sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración, arts. 43, 144 (Última reforma publicada DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/regley/Reg_LMigra.pdf","title":"Reglamento de la Ley de Migración, art. 244 (Última reforma DOF 23-05-2014)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"}]},{"statement":"If you must register for a sex offense because of an offense against a minor, the U.S. government may notify Mexico before you arrive.","detail":"34 U.S.C. 21503 (Angel Watch Center, International Megan's Law) says the center 'may transmit relevant information to the destination country about a sex offender' before travel, and sets up a complaint process for erroneous notifications. For this section, 'sex offender' means a 'covered sex offender' or a person required to register 'on the basis of an offense against a minor', so the notice is not written for every registrant. Federal and state registry travel-notice rules also apply (see our page on leaving the country). Whether Mexico acts on such a notice is up to Mexican officers under Article 43; we found no official Mexican statement about it, so we can't say how it affects the decision.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/34/21503","title":"34 U.S. Code § 21503: Angel Watch Center","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-28"}]},{"statement":"Being refused means being sent back at the border, and you can't count on a decision you can appeal from the airport or crossing.","detail":"Reglamento, Article 94: a rejected person must return to the country they came from ('país de procedencia'), and can ask to enter again later if they meet the requirements. We found no appeal or pre-clearance procedure for tourists in the entry rules we read. The Ley de Migración refers to a 'recurso efectivo' against INM decisions in its rules about people held for deportation (Articles 109 and 122), not for tourists turned away at the filter, so we do not describe one here.","sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/regley/Reg_LMigra.pdf","title":"Reglamento de la Ley de Migración, art. 94 (Última reforma DOF 23-05-2014)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración, arts. 86-88, 122 (Última reforma publicada DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"}]},{"statement":"On the U.S. side, probation, parole or supervised release usually requires permission before an international trip, and a court order barring travel can also affect your passport.","detail":"Federal court guidance says probation officers should seek the court's express consent before allowing travel outside the United States, and should first check the destination country's consulate for any restrictions. State rules vary by sentence. See our pages on leaving the country and on getting a passport for the details, rather than repeating them here.","sources":[{"url":"https://www.uscourts.gov/about-federal-courts/probation-and-pretrial-services/post-conviction-supervision/overview-probation-and-supervised-release-conditions/chapter-2-leaving-judicial-district-probation-and-supervised","title":"Chapter 2: Leaving the Judicial District (Probation and Supervised Release Conditions)","publisher":"Administrative Office of the U.S. Courts","accessed":"2026-10-28"}]}],"waivers":[{"statement":"There is no waiver, rehabilitation application or pre-approval for tourists that we could find: the officer's discretion at the border is the whole process.","detail":"Unlike Canada (see our Canada page), neither the Ley de Migración, its Reglamento nor INM's pages we read set up a way to apply in advance to be cleared for a record. The U.S. Embassy's guidance for U.S. citizens mentions only a passport and an FMM, not a Mexican visa, so we found no visa step where a record would be reviewed beforehand (Article 37, fraction III(a), exempts nationals of countries covered by visa-waiver agreements or a unilateral Mexican decision, without naming them). The Consulate General of Mexico in Miami's FAQ says, in its criminal-record answer, 'There is no way to know about your case before you travel.' If we missed an official process, the Mexican consulate nearest you or INM can say so; we cannot confirm one exists.","sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración, arts. 37, 40-43 (Última reforma publicada DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/regley/Reg_LMigra.pdf","title":"Reglamento de la Ley de Migración, arts. 60-65, 94 (Última reforma DOF 23-05-2014)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://consulmex.sre.gob.mx/miami/images/2023/visas/faqs_english.pdf","title":"Frequent Question/Answers, section 7: Criminal record","publisher":"Consulate General of Mexico in Miami, Secretaría de Relaciones Exteriores (Mexico)","accessed":"2026-10-28"}]},{"statement":"The only listed exceptions to the entry requirements are humanitarian ones (asylum, force majeure, emergencies), which don't cover ordinary travel.","detail":"Ley de Migración, Article 42: the Secretaría may authorize entry without meeting Article 37 for people seeking refugee status, political asylum or statelessness determination, or for force majeure or humanitarian reasons. Reglamento, Article 63 lists the cases: asylum or refugee applicants, people needed for rescue or relief in an emergency or disaster, humanitarian cases where a person can't be returned or continue their trip, and force majeure for crews or passengers in transit. Article 43 begins 'Sin perjuicio de lo dispuesto en el artículo 42', so Article 42 can apply alongside it.","sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración, arts. 42-43 (Última reforma publicada DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/regley/Reg_LMigra.pdf","title":"Reglamento de la Ley de Migración, art. 63 (Última reforma DOF 23-05-2014)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"}]},{"statement":"In a second review you can explain your case, present evidence such as court records, and ask to contact your consulate.","detail":"Reglamento, Article 60: during the second review the person 'podrá manifestar lo que a su derecho convenga y exhibir los medios de prueba que considere convenientes', which the officer must weigh, and must be told they may contact their consulate while the review lasts. Bringing certified records showing what the offense was and that your sentence is finished is our suggestion, not something the Reglamento requires.","sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/regley/Reg_LMigra.pdf","title":"Reglamento de la Ley de Migración, art. 60 (Última reforma DOF 23-05-2014)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"}]},{"statement":"Article 43's last paragraph tells INM to weigh social reintegration and family unity for foreigners with a final conviction, but it is about their immigration status and isn't written as a way to clear entry.","detail":"Ley de Migración, Article 43, last paragraph (as reformed January 7, 2021): 'En los casos en que la autoridad judicial imponga a la persona extranjera sentencia firme condenatoria, el Instituto valorará su condición migratoria atendiendo los principios de la reinserción social, así como los relativos a la reunificación familiar.' The text does not say it applies to travelers at the border or to convictions outside Mexico, so we do not treat it as a waiver.","sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración, art. 43 (Última reforma publicada DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/ref/lmigra/LMigra_ref12_07ene21.pdf","title":"Decreto por el que se reforman los artículos 43, 64 y 144 de la Ley de Migración (DOF 07-01-2021)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico), reproducing the Diario Oficial de la Federación","accessed":"2026-10-28"}]}],"steps":["If you are on probation, parole or supervised release, get written permission for international travel first (and court approval if your supervision requires it). See our page on leaving the country.","Make sure you hold a valid U.S. passport. The U.S. Embassy's guidance for entering by land says to be ready to show a passport book or passport card, but INM's FMM terms say a passport card works only at land crossings and in the border zone, not for the interior or for flights. See our page on getting a passport if you need one.","Get certified copies of your court records showing the offense, the sentence and the date every part of the sentence was completed. Mexico doesn't ask for them in advance, but they are your evidence if an officer sends you to a second review.","Read Ley de Migración Article 43 and INM's entry page (links below), and compare them with any older 'serious crime' wording you find on consulate or travel sites: the law changed on January 8, 2021.","If you are unsure how your record might be read, or you must register for a sex offense, consider asking a lawyer who handles Mexican immigration matters, or the Mexican consulate nearest you, before you book. The law doesn't say which records count as a security concern, so no one can promise an outcome.","Enter with the documents INM lists: passport, your FMM if you come by land, and proof of the trip (hotel reservation, return ticket, itinerary). If you drive, also arrange the vehicle permit and Mexican insurance as the U.S. Embassy's guidance describes.","Answer every question truthfully and don't show documents that aren't authentic: false information is a separate ground for refusal and deportation.","If you are sent to a second review, stay calm, ask for it to be explained, present your records, and ask to contact the U.S. Embassy or nearest consulate. Keep any written record the officer gives you.","If you are refused, you will be sent back to where you traveled from (usually the U.S.); you may ask to enter again later if you meet the requirements, but there is no appeal at the border that we could confirm."],"state_variation":"none","rule_setter":"Mexico's federal immigration law, applied case by case by INM officers at the port of entry","state_detail":"Mexican federal law decides, the same for travelers from every U.S. state. U.S. state law matters only for the facts an officer might ask about (the offense, the sentence and its dates) and for any probation or parole travel conditions you must follow before leaving.","state_examples":[],"official_links":[{"name":"Ley de Migración (Cámara de Diputados)","url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","detail":"The current text; Article 43 is the refusal grounds and Articles 87-88 the second review and written refusal."},{"name":"Reglamento de la Ley de Migración (Cámara de Diputados)","url":"https://www.diputados.gob.mx/LeyesBiblio/regley/Reg_LMigra.pdf","detail":"Articles 60-65 and 94 cover the entry check, the second review and what happens after a refusal."},{"name":"INM: documents and what the officer may ask for at entry","url":"https://www.inm.gob.mx/gobmx/word/index.php/paises-no-requieren-visa-para-mexico/","detail":"INM's page for nationals who don't need a visa: the passport, FMM and trip documents the immigration filter asks for."},{"name":"INM: Forma Migratoria Múltiple Digital (FMMd)","url":"https://www.gob.mx/inm/articulos/forma-migratoria-multiple-digital-fmmd","detail":"How the digital FMM works for air arrivals."},{"name":"INM: FMM online request","url":"https://www.inm.gob.mx/fmme/publico/solicitud.html","detail":"The online form and its privacy notice."},{"name":"U.S. Embassy in Mexico: Driving to Mexico","url":"https://mx.usembassy.gov/driving-to-mexico/","detail":"Entry documents, FMM, vehicle import permit and insurance for land travel."},{"name":"State Department: Mexico country information","url":"https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages/Mexico.html","detail":"The State Department's entry, safety and local-law information for Mexico; check it before you go."}],"related":["canada","leave-the-country","passport"],"sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración (Última reforma publicada DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/ref/lmigra.htm","title":"Ley de Migración: reform history and original and reform texts","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/ref/lmigra/LMigra_orig_25may11.pdf","title":"Ley de Migración, original text (DOF 25-05-2011)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico), reproducing the Diario Oficial de la Federación","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/ref/lmigra/LMigra_ref12_07ene21.pdf","title":"Decreto por el que se reforman los artículos 43, 64 y 144 de la Ley de Migración (DOF 07-01-2021)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico), reproducing the Diario Oficial de la Federación","accessed":"2026-10-28"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/regley/Reg_LMigra.pdf","title":"Reglamento de la Ley de Migración (Última reforma DOF 23-05-2014)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-28"},{"url":"https://www.inm.gob.mx/gobmx/word/index.php/paises-no-requieren-visa-para-mexico/","title":"Países y regiones que No requieren visa para viajar a México (published 1/03/2024)","publisher":"Instituto Nacional de Migración (Mexico)","accessed":"2026-10-28"},{"url":"https://www.gob.mx/inm/articulos/forma-migratoria-multiple-digital-fmmd","title":"Forma Migratoria Múltiple Digital (FMMd) (May 2, 2023)","publisher":"Instituto Nacional de Migración (Mexico)","accessed":"2026-10-28"},{"url":"https://www.inm.gob.mx/fmme/publico/solicitud.html","title":"Forma Migratoria Múltiple (FMM) online request and privacy notice","publisher":"Instituto Nacional de Migración (Mexico)","accessed":"2026-10-28"},{"url":"https://embamex.sre.gob.mx/canada/index.php/en/notices/11506-330-entryrequirements","title":"Entry Requirements (Important Announcements; last updated 25 November 2020)","publisher":"Embassy of Mexico in Canada, Secretaría de Relaciones Exteriores (Mexico)","accessed":"2026-10-28"},{"url":"https://consulmex.sre.gob.mx/toronto/index.php/en/faq","title":"FAQ: 'I am Canadian and I have a criminal record; can I travel to Mexico?'","publisher":"Consulate General of Mexico in Toronto, Secretaría de Relaciones Exteriores (Mexico)","accessed":"2026-10-28"},{"url":"https://consulmex.sre.gob.mx/miami/images/2023/visas/faqs_english.pdf","title":"Frequent Question/Answers, section 7: Criminal record","publisher":"Consulate General of Mexico in Miami, Secretaría de Relaciones Exteriores (Mexico)","accessed":"2026-10-28"},{"url":"https://mx.usembassy.gov/driving-to-mexico/","title":"Driving to Mexico (April 23, 2026)","publisher":"U.S. Embassy & Consulates in Mexico, U.S. Department of State","accessed":"2026-10-28"},{"url":"https://www.law.cornell.edu/uscode/text/34/21503","title":"34 U.S. Code § 21503: Angel Watch Center","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-28"},{"url":"https://www.uscourts.gov/about-federal-courts/probation-and-pretrial-services/post-conviction-supervision/overview-probation-and-supervised-release-conditions/chapter-2-leaving-judicial-district-probation-and-supervised","title":"Chapter 2: Leaving the Judicial District (Probation and Supervised Release Conditions)","publisher":"Administrative Office of the U.S. Courts","accessed":"2026-10-28"}],"last_verified":"2026-10-28"},{"slug":"passport","question":"Can you get a passport with a felony?","short_name":"Passport","category":"travel","answer":"usually_yes","answer_line":"Usually yes: a felony conviction by itself doesn't stop you from getting a U.S. passport, but a few situations do, such as some drug-trafficking convictions while you're still serving the sentence, an open felony warrant, or a court or supervision condition that bars you from leaving the country.","summary":"Federal passport rules list specific reasons the State Department can or must deny or revoke a passport (22 CFR 51.60-51.62), and \"has a felony conviction\" is not one of them. The reasons that matter most for people with records are tied to where you are in your case: being in prison or on parole or supervised release for a felony drug offense in which you used a passport or crossed a border, having an outstanding felony warrant, or being under a court order or probation or parole condition that forbids you to leave the U.S. Unpaid child support over $2,500 and certain sex-offense convictions also affect passports. Most of these bars end when the sentence, warrant, or debt is resolved.","rules":[{"id":"no-general-felony-bar","statement":"There is no federal rule that denies a passport just because you have a felony conviction. The State Department can only deny or revoke a passport for the specific reasons listed in its regulations.","detail":"The denial and revocation grounds are in 22 CFR 51.60 (denial and restriction), 51.61 (certain convicted drug traffickers) and 51.62 (revocation). They cover things like open warrants, court orders, child support debt, certain drug and sex-offense convictions, tax debt and fraud on the application, not felony convictions in general.","sources":[{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E","title":"22 CFR Part 51, Subpart E (51.60-51.66): Denial, Revocation, and Restriction of Passports and Consular Reports of Birth Abroad","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"drug-trafficking-22-usc-2714","statement":"If you were convicted of a federal or state felony drug offense and you used a U.S. passport or crossed an international border to commit it, you can't get a passport while you are in prison or on parole or supervised release for that conviction.","detail":"This is 22 U.S.C. 2714 and 22 CFR 51.61(a). It applies only during the period you are imprisoned (including a halfway house or similar facility) or on parole or other supervised release after that imprisonment; once that ends, this bar no longer applies. The law also says the State Department must revoke a passport already issued to someone covered. Covered offenses include Controlled Substances Act and Controlled Substances Import and Export Act violations, state laws on making, distributing or possessing controlled substances, and certain money-laundering or Bank Secrecy Act violations tied to drug trafficking. For a misdemeanor drug offense with the same border element, the State Department may refuse a passport, except for a first conviction for possession only (22 CFR 51.61(b)).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/22/2714","title":"22 U.S. Code § 2714: Denial of passports for certain convicted drug traffickers","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E/section-51.61","title":"22 CFR 51.61: Denial of passports to certain convicted drug traffickers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"warrants-and-departure-orders-22-cfr-51-60-b","statement":"The State Department may refuse a passport if you have an outstanding federal, state or local arrest warrant for a felony, or if a criminal court order or a condition of your probation or parole forbids you to leave the United States.","detail":"These are discretionary grounds in 22 CFR 51.60(b): (b)(1) outstanding federal felony warrant, (b)(9) outstanding state or local felony warrant, and (b)(2) a criminal court order, condition of probation or condition of parole that forbids departure. Other grounds in the same paragraph include a federal subpoena in a felony prosecution or grand jury matter (b)(6) and extradition requests. Under 51.60(d), a felony arrest warrant reported by a foreign government can also be a reason to refuse.","sources":[{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E/section-51.60","title":"22 CFR 51.60: Denial and restriction of passports","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"child-support-over-2500","statement":"You can't get a passport if the Department of Health and Human Services has certified that you owe more than $2,500 in past-due child support, and the State Department may revoke a passport you already have for the same reason.","detail":"This is a mandatory denial under 22 CFR 51.60(a)(2) (certification under 42 U.S.C. 652(k)). The State Department's page says that once you pay the state child support agency, the state tells HHS, HHS removes your name and tells the State Department, which can take at least 2-3 weeks. A passport that was revoked can't be used for travel even after the debt is paid. If you are abroad, you are generally limited to a passport for direct return to the U.S. until HHS confirms repayment.","sources":[{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E/section-51.60","title":"22 CFR 51.60: Denial and restriction of passports","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://travel.state.gov/en/passports/contact-support/legal-matters/child-support.html","title":"Passports and Child Support Debt","publisher":"U.S. Department of State, Bureau of Consular Affairs","accessed":"2026-10-21"}]},{"id":"covered-sex-offender-identifier","statement":"If you are a \"covered sex offender\" (required to register for a sex offense against a minor), you can still get a passport book, but it will carry a printed statement identifying you as a covered sex offender, and you can't get a passport card.","detail":"This comes from International Megan's Law (22 U.S.C. 212b) and 22 CFR 51.60(a)(4) and (g). DHS's Angel Watch Center certifies who is a covered sex offender. Separately, a conviction under 18 U.S.C. 2423 (illicit sexual conduct involving travel) that was committed using a passport or by crossing an international border, when reported by the Attorney General, leads to denial or revocation except for a passport limited to direct return to the U.S. (22 CFR 51.60(h) and 51.62(d)).","sources":[{"url":"https://travel.state.gov/en/passports/contact-support/legal-matters/international-megans-law.html","title":"Passports and International Megan's Law","publisher":"U.S. Department of State, Bureau of Consular Affairs","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E","title":"22 CFR Part 51, Subpart E (51.60-51.66): Denial, Revocation, and Restriction of Passports and Consular Reports of Birth Abroad","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"probation-parole-applicants","statement":"The State Department has a separate process for people whose passport was taken by a court or law enforcement agency, or who are on or have finished probation or parole.","detail":"Its page lists documents showing supervision has ended (a discharge notice or letter of termination from your probation officer, or a court order ending supervised probation or parole) to include with a new application. To get back a still-valid passport that a court or agency is holding, you send a notarized request plus a signed letter or email from your probation officer on official letterhead giving permission (or proof that supervision ended); the page says this can take up to 8 weeks. Revoked, expired, lost or stolen passports can't be returned.","sources":[{"url":"https://travel.state.gov/en/passports/contact-support/legal-matters/probation-parole.html","title":"Get a Passport On or After Probation or Parole","publisher":"U.S. Department of State, Bureau of Consular Affairs","accessed":"2026-10-21"}]}],"barriers":[{"statement":"Being on probation, parole or supervised release with a condition that forbids leaving the country, or under a criminal court order that does, can get your application refused.","detail":"22 CFR 51.60(b)(2). Ask your probation or parole officer, or the court, what your conditions allow before you apply or book travel.","sources":[{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E/section-51.60","title":"22 CFR 51.60: Denial and restriction of passports","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"statement":"An open felony arrest warrant (federal, state, local, or reported by a foreign government) can block a passport.","detail":"22 CFR 51.60(b)(1), (b)(9) and (d).","sources":[{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E/section-51.60","title":"22 CFR 51.60: Denial and restriction of passports","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"statement":"Debts can block a passport even with no criminal issue: child support over $2,500, IRS-certified seriously delinquent federal tax debt, and unpaid repatriation or emergency loans from the U.S. government.","detail":"The State Department says it can't issue a passport if the IRS informs it you have seriously delinquent tax debt and that a valid passport may be revoked; resolve it with the IRS. Repatriation-loan defaults are a mandatory denial under 22 CFR 51.60(a)(1).","sources":[{"url":"https://travel.state.gov/en/passports/contact-support/legal-matters/unpaid-federal-taxes.html","title":"Passports and Unpaid Federal Taxes","publisher":"U.S. Department of State, Bureau of Consular Affairs","accessed":"2026-10-21"},{"url":"https://travel.state.gov/en/passports/contact-support/legal-matters/child-support.html","title":"Passports and Child Support Debt","publisher":"U.S. Department of State, Bureau of Consular Affairs","accessed":"2026-10-21"}]}],"waivers":[{"statement":"Even when the drug-trafficking bar applies, the State Department may issue a passport for emergency or humanitarian reasons.","detail":"22 U.S.C. 2714 (emergency and humanitarian exception) and 22 CFR 51.61(c).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/22/2714","title":"22 U.S. Code § 2714: Denial of passports for certain convicted drug traffickers","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E/section-51.61","title":"22 CFR 51.61: Denial of passports to certain convicted drug traffickers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"statement":"For many denials or revocations you can ask for a hearing, in writing, within 60 days of receiving the notice; the denial letter must state the specific reasons.","detail":"22 CFR 51.65 and 51.70-51.74. No hearing is available for some grounds, including the mandatory bars in 51.60(a) (such as certified child support debt) and the drug-trafficking bar in 51.61(a); for those, the fix is resolving the underlying issue. At a hearing you must show by a preponderance of the evidence that the action was improper.","sources":[{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-F","title":"22 CFR Part 51, Subpart F (51.70-51.74): Procedures for Review of Certain Denials and Revocations","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"statement":"If you are abroad and blocked by certain grounds, the State Department can issue a passport limited to direct return to the United States.","detail":"22 CFR 51.60(a) and (i); the child support and tax debt pages say the same for travelers overseas.","sources":[{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E/section-51.60","title":"22 CFR 51.60: Denial and restriction of passports","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]}],"steps":["If you are on probation, parole or supervised release, read your conditions and ask your officer or the court whether you may hold a passport and travel abroad. Get any permission in writing.","Clear any open warrants and pending cases first; an outstanding felony warrant is a reason to refuse.","If your conviction was a felony drug offense that involved crossing a border, check whether you are still in prison or on parole or supervised release for it. The bar lifts when that period ends; if you need to travel sooner for an emergency or humanitarian reason, ask about the exception.","If you owe child support, pay the state child support agency so your arrears are at or below $2,500 and allow at least 2-3 weeks for HHS to clear your name before you apply.","Apply the normal way. If a court or agency took your passport or you are on or have finished probation or parole, follow the State Department's probation and parole page and include the documents it lists.","If you are denied, read the letter for the specific reason and the deadline; for many grounds you can request a hearing within 60 days."],"state_variation":"none","state_detail":"Passports are issued under federal law, so the rules are the same in every state. Your state matters only indirectly: state courts and parole boards set the travel conditions of your sentence, state agencies certify child support debt, and state felony warrants count.","state_examples":[],"official_links":[{"name":"State Department: Legal Matters (passports)","url":"https://travel.state.gov/en/passports/contact-support/legal-matters.html","detail":"Hub for child support, tax debt, probation and parole, and International Megan's Law passport pages."},{"name":"State Department: Get a Passport On or After Probation or Parole","url":"https://travel.state.gov/en/passports/contact-support/legal-matters/probation-parole.html","detail":"Documents to include and how to ask for return of a passport held by a court or agency."},{"name":"State Department: Passports and Child Support Debt","url":"https://travel.state.gov/en/passports/contact-support/legal-matters/child-support.html","detail":"How the $2,500 threshold works and how to get cleared. Questions: 1-877-487-2778."},{"name":"22 CFR Part 51, Subpart E (eCFR)","url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E","detail":"The full list of denial and revocation grounds."}],"related":["leave-the-country"],"sources":[{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E","title":"22 CFR Part 51, Subpart E (51.60-51.66): Denial, Revocation, and Restriction of Passports and Consular Reports of Birth Abroad","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E/section-51.60","title":"22 CFR 51.60: Denial and restriction of passports","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E/section-51.61","title":"22 CFR 51.61: Denial of passports to certain convicted drug traffickers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-F","title":"22 CFR Part 51, Subpart F (51.70-51.74): Procedures for Review of Certain Denials and Revocations","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/uscode/text/22/2714","title":"22 U.S. Code § 2714: Denial of passports for certain convicted drug traffickers","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-21"},{"url":"https://travel.state.gov/en/passports/contact-support/legal-matters.html","title":"Legal Matters","publisher":"U.S. Department of State, Bureau of Consular Affairs","accessed":"2026-10-21"},{"url":"https://travel.state.gov/en/passports/contact-support/legal-matters/probation-parole.html","title":"Get a Passport On or After Probation or Parole","publisher":"U.S. Department of State, Bureau of Consular Affairs","accessed":"2026-10-21"},{"url":"https://travel.state.gov/en/passports/contact-support/legal-matters/child-support.html","title":"Passports and Child Support Debt","publisher":"U.S. Department of State, Bureau of Consular Affairs","accessed":"2026-10-21"},{"url":"https://travel.state.gov/en/passports/contact-support/legal-matters/unpaid-federal-taxes.html","title":"Passports and Unpaid Federal Taxes","publisher":"U.S. Department of State, Bureau of Consular Affairs","accessed":"2026-10-21"},{"url":"https://travel.state.gov/en/passports/contact-support/legal-matters/international-megans-law.html","title":"Passports and International Megan's Law","publisher":"U.S. Department of State, Bureau of Consular Affairs","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"leave-the-country","question":"Can you leave the country with a felony?","short_name":"Travel abroad","category":"travel","answer":"depends","answer_line":"It depends: leaving the U.S. mainly takes a valid passport and, if you're still under supervision, permission, but the bigger hurdle is that other countries, Canada especially, can refuse to let you in because of a criminal record.","summary":"The U.S. doesn't stop people from leaving just because they have a felony; U.S. citizens need a valid passport to depart and re-enter, so the passport rules decide most cases. If you are on probation, parole or supervised release, you usually need permission before you leave your area, and federal probation officers are told to get the court's consent for international travel. Each destination country then applies its own entry rules: Canada can find people criminally inadmissible (including for impaired driving), the UK refuses travel authorisations for longer sentences and recent convictions, and Mexico can deny entry on security grounds based on a person's record. Decisions at a foreign border are made case by case by that country's officers.","rules":[{"id":"us-exit-requires-passport-8-usc-1185","statement":"U.S. citizens need a valid U.S. passport to leave and re-enter the country, so whether you can get a passport decides most of the U.S. side.","detail":"8 U.S.C. 1185(b) makes it unlawful for a citizen to depart from or enter the U.S. without a valid passport, subject to exceptions the President sets. A felony conviction by itself isn't a passport bar; see our passport page for the situations that are.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/8/1185","title":"8 U.S. Code § 1185: Travel control of citizens and aliens","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-21"}]},{"id":"supervision-travel-permission","statement":"If you are on probation, parole or supervised release, you generally need permission before leaving your area, and international trips need more than a routine OK.","detail":"The standard federal condition is that you must not knowingly leave the federal judicial district where you are authorized to live without permission from the court or your probation officer. Federal judiciary guidance says probation officers should seek the court's express consent before allowing travel outside the U.S., and should first check with the destination country's consulate about any entry restrictions. For example, the Western District of Michigan's probation office says all international travel requests must be approved by the court. State probation and parole conditions are set by your sentencing court or parole board, so check your own conditions.","sources":[{"url":"https://www.uscourts.gov/about-federal-courts/probation-and-pretrial-services/post-conviction-supervision/overview-probation-and-supervised-release-conditions/chapter-2-leaving-judicial-district-probation-and-supervised","title":"Chapter 2: Leaving the Judicial District (Probation and Supervised Release Conditions)","publisher":"Administrative Office of the U.S. Courts","accessed":"2026-10-22"},{"url":"https://www.miwp.uscourts.gov/probation-faq","title":"Probation FAQ","publisher":"U.S. Probation and Pretrial Services, Western District of Michigan","accessed":"2026-10-21"}]},{"id":"departure-ban-passport-refusal","statement":"A court order or probation or parole condition that forbids you to leave the U.S. is also a reason the State Department may refuse you a passport.","detail":"22 CFR 51.60(b)(2). An outstanding felony warrant is another (51.60(b)(1) and (b)(9)).","sources":[{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E/section-51.60","title":"22 CFR 51.60: Denial and restriction of passports","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"canada-criminal-inadmissibility","statement":"Canada can refuse entry to people who have committed or been convicted of a crime, including impaired driving, theft, assault and drug offenses, but it has routes to overcome this.","detail":"Immigration, Refugees and Citizenship Canada (IRCC) lists three options. Deemed rehabilitation: enough time has passed that the crime may no longer bar you, depending on the crime, time since your sentence ended and whether there was more than one offense; it is only possible if the equivalent Canadian offense carries a maximum prison term of less than 10 years. Individual rehabilitation: you apply and an official decides; at least five years must have passed since the end of your sentence, including probation. Temporary resident permit: may allow entry if it has been less than five years or you have a valid reason to be in Canada; an officer weighs your need to enter against health or safety risks.","sources":[{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html","title":"Overcome criminal convictions","publisher":"Immigration, Refugees and Citizenship Canada (Government of Canada)","accessed":"2026-10-22"}]},{"id":"canada-impaired-driving","statement":"A DUI or other impaired-driving conviction, even a misdemeanor in the U.S., can make you inadmissible to Canada for serious criminality.","detail":"IRCC says tougher impaired-driving penalties took effect in Canada on December 18, 2018, and that a conviction can make you inadmissible for serious criminality whether it happened in Canada or abroad. For offenses committed before that date, the penalties in force at the time apply, and deemed rehabilitation may be possible if at least 10 years have passed since the sentence ended. Otherwise you can apply for individual rehabilitation once five years have passed since the end of your sentence.","sources":[{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions/impaired-driving.html","title":"Convicted of driving while impaired","publisher":"Immigration, Refugees and Citizenship Canada (Government of Canada)","accessed":"2026-10-22"}]},{"id":"mexico-ley-de-migracion-art-43","statement":"Mexico's immigration authorities may refuse entry to a foreign national when, based on their record in Mexico or abroad, they judge that national or public security would be compromised.","detail":"Ley de Migración, Article 43, fraction I: 'Cuando derivado de sus antecedentes en México o en el extranjero se comprometa la seguridad nacional o la seguridad pública' (as reformed January 7, 2021). This is discretionary ('podrán negar'), not an automatic bar on everyone with a record. The U.S. State Department's Mexico page also lists criminal history or charges as a reason Mexican authorities may deny you entry.","sources":[{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración (última reforma DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-21"},{"url":"https://travel.state.gov/en/international-travel/travel-advisories/mexico.html","title":"Mexico: travel advisory and country information","publisher":"U.S. Department of State, Bureau of Consular Affairs","accessed":"2026-10-21"}]},{"id":"uk-eta-criminality","statement":"U.S. citizens usually need a UK Electronic Travel Authorisation (ETA) to visit, and it must be refused if you received a custodial or suspended sentence of 12 months or more, or were convicted of any offense in the past 12 months.","detail":"Immigration Rules Appendix ETA, paragraph ETA 2.2(a) and (b). An ETA can also be refused where your presence 'is not conducive to the public good', which explicitly can include convictions outside those two grounds (ETA 2.3). If you can't get an ETA you would need to apply for a visit visa, where the general suitability rules apply: Part Suitability SUI 5.1(a) lists a custodial or suspended sentence of 12 months or more as a mandatory refusal ground, and SUI 5.4 requires refusal of visitor applications for shorter or non-custodial sentences unless more than 12 months have passed (since the sentence ended for custodial or suspended sentences, or since conviction for non-custodial ones).","sources":[{"url":"https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-electronic-travel-authorisation","title":"Immigration Rules Appendix Electronic Travel Authorisation","publisher":"UK Home Office (GOV.UK)","accessed":"2026-10-21"},{"url":"https://www.gov.uk/eta","title":"Get an electronic travel authorisation (ETA) to visit the UK","publisher":"UK Home Office (GOV.UK)","accessed":"2026-10-22"},{"url":"https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-suitability","title":"Immigration Rules Part Suitability","publisher":"UK Home Office (GOV.UK)","accessed":"2026-10-21"}]},{"id":"eu-etias-conviction-question","statement":"The EU's ETIAS travel authorisation asks whether you were convicted of certain serious criminal offenses in the previous 10 years (20 years for terrorist offenses), and when and in which country.","detail":"Regulation (EU) 2018/1240, Article 17(4)(a); the offenses are those listed in the regulation's Annex. If an authorisation is refused you have the right to appeal in the Member State that decided the application (Recital 26). Without a valid authorisation, border guards are to refuse entry. Check the EU's official ETIAS site for whether ETIAS is operating yet before you travel.","sources":[{"url":"https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32018R1240","title":"Regulation (EU) 2018/1240 establishing a European Travel Information and Authorisation System (ETIAS)","publisher":"EUR-Lex, Publications Office of the European Union","accessed":"2026-10-21"}]}],"barriers":[{"statement":"Traveling without permission while on probation, parole or supervised release can be a violation of your supervision.","detail":"The Western District of Michigan probation office warns that failing to get approval may result in a violation of your supervision.","sources":[{"url":"https://www.miwp.uscourts.gov/probation-faq","title":"Probation FAQ","publisher":"U.S. Probation and Pretrial Services, Western District of Michigan","accessed":"2026-10-21"}]},{"statement":"A U.S. misdemeanor can still be a serious problem abroad; Canada treats impaired driving as potentially serious criminality.","detail":null,"sources":[{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions/impaired-driving.html","title":"Convicted of driving while impaired","publisher":"Immigration, Refugees and Citizenship Canada (Government of Canada)","accessed":"2026-10-22"}]},{"statement":"Holding a travel authorisation or permit doesn't settle whether you get in; the border officer still decides when you arrive.","detail":"GOV.UK says having an ETA doesn't by itself secure entry to the UK. Under the ETIAS regulation, a border guard with a traveler who holds a valid authorisation still decides whether to authorise or refuse entry.","sources":[{"url":"https://www.gov.uk/eta","title":"Get an electronic travel authorisation (ETA) to visit the UK","publisher":"UK Home Office (GOV.UK)","accessed":"2026-10-22"},{"url":"https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32018R1240","title":"Regulation (EU) 2018/1240 establishing a European Travel Information and Authorisation System (ETIAS)","publisher":"EUR-Lex, Publications Office of the European Union","accessed":"2026-10-21"}]},{"statement":"If you are required to register as a sex offender, you must report intended travel outside the U.S. to your registration jurisdiction at least 21 days before you go.","detail":"28 CFR 72.7(f) (federal SORNA rule). Your state registry may have its own notice rules too; check with it before booking.","sources":[{"url":"https://www.ecfr.gov/current/title-28/chapter-I/part-72/section-72.7","title":"28 CFR 72.7 (Sex Offender Registration and Notification Act rule; international travel reporting at 72.7(f))","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]}],"waivers":[{"statement":"Canada: apply for individual rehabilitation once five years have passed since your sentence (including probation) ended, check whether you are deemed rehabilitated, or ask for a temporary resident permit for a specific trip.","detail":null,"sources":[{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html","title":"Overcome criminal convictions","publisher":"Immigration, Refugees and Citizenship Canada (Government of Canada)","accessed":"2026-10-22"}]},{"statement":"EU: a refused ETIAS authorisation can be appealed in the Member State that made the decision, under that country's law.","detail":"Regulation (EU) 2018/1240, Recital 26.","sources":[{"url":"https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32018R1240","title":"Regulation (EU) 2018/1240 establishing a European Travel Information and Authorisation System (ETIAS)","publisher":"EUR-Lex, Publications Office of the European Union","accessed":"2026-10-21"}]},{"statement":"U.S. supervision: ask your probation or parole officer (and, for federal supervision, the court) for written permission well before the trip.","detail":"Federal guidance has officers seek the court's express consent for travel outside the U.S.","sources":[{"url":"https://www.uscourts.gov/about-federal-courts/probation-and-pretrial-services/post-conviction-supervision/overview-probation-and-supervised-release-conditions/chapter-2-leaving-judicial-district-probation-and-supervised","title":"Chapter 2: Leaving the Judicial District (Probation and Supervised Release Conditions)","publisher":"Administrative Office of the U.S. Courts","accessed":"2026-10-22"}]}],"steps":["If you are on probation, parole or supervised release, ask your officer whether international travel is allowed and get written permission, and court approval if required, before booking.","Make sure you can get a valid U.S. passport (see our passport page).","Check the destination country's own entry rules on its official government website, not a travel blog. Be ready to answer truthfully about your record on any visa or travel-authorisation form.","For Canada, read IRCC's 'Overcome criminal convictions' page and apply for rehabilitation or a temporary resident permit well ahead of your trip if you may be inadmissible.","For the UK, apply for an ETA; if your record means it will be refused, apply for a visit visa instead and expect the suitability rules to apply.","Carry certified court records showing the offense, sentence and completion date, in case a border officer asks."],"state_variation":"none","state_detail":"Leaving the U.S. is governed by federal law (passport rules). What varies is your own sentence: state and federal courts and parole boards set travel conditions case by case, and each foreign country sets its own entry rules.","state_examples":[],"official_links":[{"name":"IRCC: Overcome criminal convictions (Canada)","url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html","detail":"Deemed rehabilitation, individual rehabilitation and temporary resident permits."},{"name":"GOV.UK: Get an electronic travel authorisation (ETA) to visit the UK","url":"https://www.gov.uk/eta","detail":"UK travel authorisation for U.S. and other visa-exempt visitors."},{"name":"EU official ETIAS site","url":"https://travel-europe.europa.eu/en/etias","detail":"On October 21, 2026, the site said ETIAS was not yet in operation and that the EU will announce a start date several months ahead. Check it before you travel."},{"name":"State Department country information","url":"https://travel.state.gov/en/international-travel/travel-advisories/mexico.html","detail":"Example: Mexico page lists criminal history as a possible reason for denied entry; each country has a page."}],"related":["passport"],"sources":[{"url":"https://www.law.cornell.edu/uscode/text/8/1185","title":"8 U.S. Code § 1185: Travel control of citizens and aliens","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-21"},{"url":"https://www.uscourts.gov/about-federal-courts/probation-and-pretrial-services/post-conviction-supervision/overview-probation-and-supervised-release-conditions/chapter-2-leaving-judicial-district-probation-and-supervised","title":"Chapter 2: Leaving the Judicial District (Probation and Supervised Release Conditions)","publisher":"Administrative Office of the U.S. Courts","accessed":"2026-10-22"},{"url":"https://www.miwp.uscourts.gov/probation-faq","title":"Probation FAQ","publisher":"U.S. Probation and Pretrial Services, Western District of Michigan","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-F/part-51/subpart-E/section-51.60","title":"22 CFR 51.60: Denial and restriction of passports","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html","title":"Overcome criminal convictions","publisher":"Immigration, Refugees and Citizenship Canada (Government of Canada)","accessed":"2026-10-22"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions/impaired-driving.html","title":"Convicted of driving while impaired","publisher":"Immigration, Refugees and Citizenship Canada (Government of Canada)","accessed":"2026-10-22"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración (última reforma DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-21"},{"url":"https://travel.state.gov/en/international-travel/travel-advisories/mexico.html","title":"Mexico: travel advisory and country information","publisher":"U.S. Department of State, Bureau of Consular Affairs","accessed":"2026-10-21"},{"url":"https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-electronic-travel-authorisation","title":"Immigration Rules Appendix Electronic Travel Authorisation","publisher":"UK Home Office (GOV.UK)","accessed":"2026-10-21"},{"url":"https://www.gov.uk/eta","title":"Get an electronic travel authorisation (ETA) to visit the UK","publisher":"UK Home Office (GOV.UK)","accessed":"2026-10-22"},{"url":"https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-suitability","title":"Immigration Rules Part Suitability","publisher":"UK Home Office (GOV.UK)","accessed":"2026-10-21"},{"url":"https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32018R1240","title":"Regulation (EU) 2018/1240 establishing a European Travel Information and Authorisation System (ETIAS)","publisher":"EUR-Lex, Publications Office of the European Union","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-28/chapter-I/part-72/section-72.7","title":"28 CFR 72.7 (Sex Offender Registration and Notification Act rule; international travel reporting at 72.7(f))","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"military","question":"Can you join the military with a felony?","short_name":"Military","category":"military","answer":"usually_no","answer_line":"Usually no, but not always: federal law bars enlisting anyone convicted of a felony, but each service can grant an exception in \"meritorious cases,\" decided one applicant at a time.","summary":"10 U.S.C. 504 says no one convicted of a felony may be enlisted in any armed force, but lets each service's Secretary authorize exceptions in meritorious cases. Defense Department enlistment standards (DoDI 1304.26) treat any state or federal felony as \"major misconduct\" that needs a waiver, and waivers are not automatic. Some situations can't be waived at all: being on probation, parole, bond or in custody, and felony sex offenses or offenses requiring sex-offender registration; the Army and Navy also list drug trafficking (including marijuana) as non-waivable, and the Army lists more than one serious offense. Expunged and juvenile records still count, so expect to disclose them.","rules":[{"id":"felony-bar-10-usc-504","statement":"Federal law says no one convicted of a felony may be enlisted in any armed force, but the Secretary of each service may make exceptions in meritorious cases.","detail":"10 U.S.C. 504(a): 'No person who is insane, intoxicated, or a deserter from an armed force, or who has been convicted of a felony, may be enlisted in any armed force. However, the Secretary concerned may authorize exceptions, in meritorious cases, for the enlistment of deserters and persons convicted of felonies.'","sources":[{"url":"https://www.law.cornell.edu/uscode/text/10/504","title":"10 U.S. Code § 504: Persons not qualified","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-21"}]},{"id":"felony-is-major-misconduct-dodi-1304-26","statement":"Under Defense Department enlistment standards, any state or federal felony counts as a \"major misconduct\" offense, and you need a conduct waiver to enlist.","detail":"DoDI 1304.26, Enclosure 4, paragraph 2.a treats any offense classified as a felony under state or federal law as major misconduct; one major misconduct offense requires a waiver (Enclosure 4, paragraph 1.c(1)(a)). The waiver must be a favorable determination by the Secretary of the Military Department, who may delegate approval authority. Enclosure 3, paragraph 2.h(2) notes that felony convictions can be waived in meritorious cases but that a waiver is not automatic and is decided case by case. The instruction also says the services should not be a source of rehabilitation.","sources":[{"url":"https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/130426p.pdf","title":"DoD Instruction 1304.26, Qualification Standards for Enlistment, Appointment, and Induction (incorporating Change 4, May 29, 2025)","publisher":"U.S. Department of Defense, Executive Services Directorate","accessed":"2026-10-21"}]},{"id":"judicial-restraint-ineligible","statement":"You can't enlist while you are under any form of judicial restraint: bond, probation, imprisonment or parole.","detail":"DoDI 1304.26, Enclosure 3, paragraph 2.h(1). The Army's and Navy's official recruiting sites list being under civil or judicial restraint (such as parole, probation or confinement) among issues that cannot be waived, and say pending charges also bar entry. In practice this means finishing your sentence and supervision, and resolving open cases, before a waiver can even be considered.","sources":[{"url":"https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/130426p.pdf","title":"DoD Instruction 1304.26, Qualification Standards for Enlistment, Appointment, and Induction (incorporating Change 4, May 29, 2025)","publisher":"U.S. Department of Defense, Executive Services Directorate","accessed":"2026-10-21"},{"url":"https://www.goarmy.com/how-to-join/requirements","title":"Requirements to Join the Army","publisher":"U.S. Army (goarmy.com)","accessed":"2026-10-21"},{"url":"https://www.navy.com/joining/requirements","title":"Requirements to Join the Navy","publisher":"U.S. Navy Recruiting Command (navy.com)","accessed":"2026-10-21"}]},{"id":"sex-offenses-no-waiver","statement":"A felony conviction or juvenile adjudication for rape, sexual abuse, sexual assault, incest or another sexual offense, or any offense that requires sex-offender registration, permanently bars enlistment with no waiver.","detail":"DoDI 1304.26, Enclosure 3, paragraph 2.h(3); Enclosure 4, paragraph 1.c says waivers are not authorized for these cases.","sources":[{"url":"https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/130426p.pdf","title":"DoD Instruction 1304.26, Qualification Standards for Enlistment, Appointment, and Induction (incorporating Change 4, May 29, 2025)","publisher":"U.S. Department of Defense, Executive Services Directorate","accessed":"2026-10-21"}]},{"id":"domestic-violence-lautenberg-no-waiver","statement":"A conviction for domestic violence covered by the federal Lautenberg Amendment (18 U.S.C. 922) can't be waived.","detail":"DoDI 1304.26's major misconduct offense table (code 414) says a waiver is not authorized if the applicant was convicted of this offense. Domestic offenses not covered by the Lautenberg Amendment are listed separately as misconduct (code 308).","sources":[{"url":"https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/130426p.pdf","title":"DoD Instruction 1304.26, Qualification Standards for Enlistment, Appointment, and Induction (incorporating Change 4, May 29, 2025)","publisher":"U.S. Department of Defense, Executive Services Directorate","accessed":"2026-10-21"}]},{"id":"expunged-and-juvenile-records-count","statement":"Expunged cases, juvenile cases and charges dismissed after a waiting period still count. The military treats almost any outcome other than an unconditional dismissal or acquittal as an \"adverse adjudication.\"","detail":"DoDI 1304.26's glossary defines adverse adjudication (adult or juvenile) to include conditional dismissals, suspended sentences, fines or forfeited bond in lieu of trial, and cases where the records are later expunged or the charge is dismissed after a period of time. Plan to disclose every case to your recruiter.","sources":[{"url":"https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/130426p.pdf","title":"DoD Instruction 1304.26, Qualification Standards for Enlistment, Appointment, and Induction (incorporating Change 4, May 29, 2025)","publisher":"U.S. Department of Defense, Executive Services Directorate","accessed":"2026-10-21"}]},{"id":"service-recruiting-nonwaivable-lists","statement":"The Army and Navy say felons generally can't join but that felony waivers are available in some cases, and they list issues that cannot be waived.","detail":"Both official recruiting sites list as non-waivable: being under civil or judicial restraint (the Army names parole, confinement or probation; the Navy also names bond), five or more misdemeanor convictions, being found to have trafficked, sold or distributed narcotics (including marijuana), three or more impaired-driving convictions (the Navy says within the five years before joining), and having current charges pending. The Army also lists a civil court conviction or adverse disposition for more than one serious offense. The Navy also lists sex-offense convictions or a registration requirement and prior separation under other-than-honorable conditions. The Navy states its waiver procedure is not automatic and approval is based on each individual case.","sources":[{"url":"https://www.goarmy.com/how-to-join/requirements","title":"Requirements to Join the Army","publisher":"U.S. Army (goarmy.com)","accessed":"2026-10-21"},{"url":"https://www.navy.com/joining/requirements","title":"Requirements to Join the Navy","publisher":"U.S. Navy Recruiting Command (navy.com)","accessed":"2026-10-21"}]}],"barriers":[{"statement":"Being on probation, parole, bond or in custody, or having pending charges, stops the process until it is over.","detail":null,"sources":[{"url":"https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/130426p.pdf","title":"DoD Instruction 1304.26, Qualification Standards for Enlistment, Appointment, and Induction (incorporating Change 4, May 29, 2025)","publisher":"U.S. Department of Defense, Executive Services Directorate","accessed":"2026-10-21"},{"url":"https://www.goarmy.com/how-to-join/requirements","title":"Requirements to Join the Army","publisher":"U.S. Army (goarmy.com)","accessed":"2026-10-21"}]},{"statement":"You must also be eligible for a background investigation; an unfavorable security determination can block enlistment.","detail":"DoDI 1304.26, Enclosure 3, paragraph 2.h(6). The Navy notes applicants are reviewed through a National Agency Check with Law and Credit (NACLC) or higher investigation.","sources":[{"url":"https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/130426p.pdf","title":"DoD Instruction 1304.26, Qualification Standards for Enlistment, Appointment, and Induction (incorporating Change 4, May 29, 2025)","publisher":"U.S. Department of Defense, Executive Services Directorate","accessed":"2026-10-21"},{"url":"https://www.navy.com/joining/requirements","title":"Requirements to Join the Navy","publisher":"U.S. Navy Recruiting Command (navy.com)","accessed":"2026-10-21"}]}],"waivers":[{"statement":"A felony can be waived in meritorious cases. The recruiter submits a waiver request and the service decides case by case; approval authority sits with the service Secretary, who may delegate it.","detail":"10 U.S.C. 504(a); DoDI 1304.26, Enclosure 2, paragraph 3.e (each service must set up waiver procedures) and Enclosure 4, paragraph 1. Because each service sets its own procedures and needs, one branch may consider a waiver another won't.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/10/504","title":"10 U.S. Code § 504: Persons not qualified","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-21"},{"url":"https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/130426p.pdf","title":"DoD Instruction 1304.26, Qualification Standards for Enlistment, Appointment, and Induction (incorporating Change 4, May 29, 2025)","publisher":"U.S. Department of Defense, Executive Services Directorate","accessed":"2026-10-21"}]},{"statement":"If a waiver is denied, both the Army and Navy point to civilian careers with the service as an alternative.","detail":null,"sources":[{"url":"https://www.goarmy.com/how-to-join/requirements","title":"Requirements to Join the Army","publisher":"U.S. Army (goarmy.com)","accessed":"2026-10-21"},{"url":"https://www.navy.com/joining/requirements","title":"Requirements to Join the Navy","publisher":"U.S. Navy Recruiting Command (navy.com)","accessed":"2026-10-21"}]}],"steps":["Finish your sentence, including probation or parole, and resolve any pending charges first; you can't be processed while under judicial restraint.","Get certified court records for every case, including juvenile, dismissed, sealed and expunged ones: the charge, the final outcome and proof the sentence was completed.","Check whether your offense is on a no-waiver list (sex offenses requiring registration, Lautenberg-covered domestic violence, drug trafficking, and the others the services list).","Talk to a recruiter and disclose everything. Leaving out a case can end your application or cause problems later.","If one branch won't submit a waiver, ask another; each service runs its own waiver process and decides case by case.","Expect a waiver review to take time and to possibly be denied; no recruiter can promise approval."],"state_variation":"none","state_detail":"Enlistment standards are federal and apply the same way regardless of where you were convicted. Your state's law decides whether an offense was a felony, which the military uses when classifying it.","state_examples":[],"official_links":[{"name":"DoD Instruction 1304.26 (enlistment standards)","url":"https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/130426p.pdf","detail":"Conduct standards, waiver categories and what can't be waived."},{"name":"Army: Requirements to join","url":"https://www.goarmy.com/how-to-join/requirements","detail":"Legal record questions and non-waivable issues; questions go to a recruiter."},{"name":"Navy: Requirements to join","url":"https://www.navy.com/joining/requirements","detail":"Felony waiver policy and non-waivable issues; 1-800-USA-NAVY."}],"related":[],"sources":[{"url":"https://www.law.cornell.edu/uscode/text/10/504","title":"10 U.S. Code § 504: Persons not qualified","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-21"},{"url":"https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/130426p.pdf","title":"DoD Instruction 1304.26, Qualification Standards for Enlistment, Appointment, and Induction (incorporating Change 4, May 29, 2025)","publisher":"U.S. Department of Defense, Executive Services Directorate","accessed":"2026-10-21"},{"url":"https://www.goarmy.com/how-to-join/requirements","title":"Requirements to Join the Army","publisher":"U.S. Army (goarmy.com)","accessed":"2026-10-21"},{"url":"https://www.navy.com/joining/requirements","title":"Requirements to Join the Navy","publisher":"U.S. Navy Recruiting Command (navy.com)","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"cdl","question":"Can you get a CDL with a felony?","short_name":"CDL","category":"transportation","answer":"usually_yes","answer_line":"Usually yes: under federal rules a felony that had nothing to do with driving doesn't by itself stop you from getting a commercial driver's license; the bars are tied to driving offenses and felonies committed using a vehicle, and a hazmat endorsement needs a separate TSA background check.","summary":"Federal CDL disqualifications (49 CFR 383.51) are about how you drove and what you did with a vehicle: DUI, refusing a test, leaving the scene, causing a death through negligent commercial driving, and using a vehicle to commit a felony. Using a vehicle in a felony involving making or distributing drugs, or using a commercial vehicle in human trafficking, is a lifetime ban with no reinstatement. A felony with no vehicle involved isn't on the federal list. The hazardous materials (hazmat) endorsement is different: it requires a TSA security threat assessment with the same disqualifying-offense list as the TWIC card. Whether a trucking company hires you is a separate decision each carrier makes; see our employer pages for specific companies.","rules":[{"id":"no-bar-for-non-driving-felony","statement":"Federal CDL disqualification rules don't include felonies that didn't involve a vehicle. Every felony on the federal list requires that a vehicle was used to commit it.","detail":"49 CFR 383.51, Table 1, items 6, 9 and 10 are the only felony items, and each requires use of a vehicle (items 6 and 9) or a commercial motor vehicle (item 10). The other disqualifications are driving offenses, traffic violations, railroad-crossing violations and out-of-service order violations.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-D/section-383.51","title":"49 CFR 383.51: Disqualification of drivers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"vehicle-used-in-felony-383-51","statement":"Using a vehicle to commit a felony disqualifies a CDL or permit holder for 1 year (3 years if the vehicle was hauling placarded hazardous materials), and for life on a second conviction.","detail":"49 CFR 383.51, Table 1, item 6 ('Using the vehicle to commit a felony, other than a felony described in paragraph (b)(9) or (10) of this table'). For CDL and permit holders this applies whether the vehicle was a commercial vehicle or a personal one (383.51(a)(3)).","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-D/section-383.51","title":"49 CFR 383.51: Disqualification of drivers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"drug-felony-with-vehicle-lifetime","statement":"Using a vehicle in a felony involving manufacturing, distributing or dispensing a controlled substance means a lifetime disqualification with no chance of reinstatement.","detail":"49 CFR 383.51, Table 1, item 9. It applies to commercial and personal vehicles for CDL and permit holders.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-D/section-383.51","title":"49 CFR 383.51: Disqualification of drivers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"human-trafficking-cmv-lifetime","statement":"Using a commercial motor vehicle in a felony involving severe forms of human trafficking means a lifetime disqualification with no chance of reinstatement.","detail":"49 CFR 383.51, Table 1, item 10 (trafficking as defined in 22 U.S.C. 7102(11)).","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-D/section-383.51","title":"49 CFR 383.51: Disqualification of drivers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"major-driving-offenses","statement":"Major driving offenses disqualify CDL holders for 1 year (3 years with hazmat) on a first conviction and for life on a second: DUI (alcohol or drugs), refusing an alcohol test, leaving the scene of an accident, driving a commercial vehicle while disqualified or suspended, and causing a death through negligent commercial driving.","detail":"49 CFR 383.51, Table 1, items 1-8. A blood alcohol concentration of 0.04 or more while driving a commercial vehicle also counts. Most of these apply to offenses in a personal vehicle as well; the 0.04 limit, driving while disqualified and negligent-homicide items apply only to commercial vehicles. Serious traffic violations, railroad-crossing violations and out-of-service order violations carry shorter disqualifications (Tables 2-4).","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-D/section-383.51","title":"49 CFR 383.51: Disqualification of drivers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"hazmat-endorsement-tsa-threat-assessment","statement":"To get a hazardous materials (hazmat) endorsement, you must pass a TSA security threat assessment, which uses the same disqualifying criminal offenses as the TWIC card.","detail":"49 CFR 383.141(b): a state may not issue, renew, upgrade or transfer a hazmat endorsement unless TSA has determined you don't pose a security threat (or you hold a valid TWIC). The offense list in 49 CFR 1572.103 applies to hazmat endorsement applicants: certain felonies are permanent disqualifiers, others disqualify for 7 years from conviction or 5 years from release, and waivers and appeals are available under 49 CFR part 1515. TSA's fee for a new hazmat threat assessment is $86.50; a reduced $41.00 rate applies if you already hold a valid TWIC and your state accepts the TWIC threat assessment in place of a separate hazmat one. See our TWIC page for the full list.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-I/section-383.141","title":"49 CFR 383.141: General (hazardous materials endorsement security threat assessment)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-30"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1572/subpart-B/section-1572.103","title":"49 CFR 1572.103: Disqualifying criminal offenses","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.tsa.gov/for-industry/hazmat-endorsement","title":"Hazmat Endorsement","publisher":"Transportation Security Administration","accessed":"2026-10-30"}]},{"id":"fmcsa-driver-disqualification-391-15","statement":"Separately, FMCSA's driver-qualification rules bar motor carriers from using a driver convicted of a felony involving the use of a commercial motor vehicle (committed while on duty) for 1 year on a first offense.","detail":"49 CFR 391.15(c)(2)(v) and (c)(3): 1 year for a first offense if there was no disqualifying offense in the prior 3 years, 3 years for a subsequent offense. The same section covers on-duty drug possession or transport (6 months if solely that offense), DUI and leaving the scene in a commercial vehicle.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/subpart-B/section-391.15","title":"49 CFR 391.15: Disqualification of drivers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]}],"barriers":[{"statement":"A hazmat endorsement can be denied for felonies that don't affect the CDL itself, such as recent drug distribution, robbery, fraud or weapons convictions.","detail":"Those are interim disqualifiers under 49 CFR 1572.103(b) (convicted within 7 years or released within 5 years).","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1572/subpart-B/section-1572.103","title":"49 CFR 1572.103: Disqualifying criminal offenses","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"statement":"Cross-border runs into Canada or Mexico depend on those countries' entry rules, which can turn on your record even when your CDL is valid.","detail":"Canada can find people criminally inadmissible, including for impaired driving; Mexico's migration law lets officials refuse entry when a person's record in Mexico or abroad compromises national or public security. See our page on leaving the country.","sources":[{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html","title":"Overcome criminal convictions","publisher":"Immigration, Refugees and Citizenship Canada (Government of Canada)","accessed":"2026-10-30"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración (última reforma DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-21"}]}],"waivers":[{"statement":"A state may reinstate a driver disqualified for life for most major offenses after 10 years, if the driver completes a state-approved rehabilitation program. This is a one-time option.","detail":"49 CFR 383.51(a)(6). It does not apply to the drug-felony (item 9) or human-trafficking (item 10) lifetime bans. A driver reinstated this way who is later convicted of one of those offenses again can't be reinstated a second time.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-D/section-383.51","title":"49 CFR 383.51: Disqualification of drivers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"statement":"For a denied hazmat endorsement, you can appeal TSA's determination or ask for a waiver under the same rules as TWIC.","detail":"49 CFR 1515.5 (appeal within 60 days) and 1515.7 (waiver).","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-A/part-1515","title":"49 CFR Part 1515: Appeal and Waiver Procedures for Security Threat Assessments for Individuals","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]}],"steps":["Check whether any conviction involved driving or using a vehicle. If none did, the federal CDL disqualification list likely doesn't apply to you.","If you had a lifetime disqualification for a major offense other than the drug or trafficking items, ask your state licensing agency whether it offers 10-year reinstatement with a rehabilitation program.","Apply for a commercial learner's permit through your state's driver licensing agency and meet its normal requirements.","If you want a hazmat endorsement, compare your record to the TSA list (49 CFR 1572.103) before paying, and be ready to request a waiver.","Look into carriers' hiring policies separately (see our employer pages); holding a CDL and getting hired are two different decisions."],"state_variation":"none","state_detail":"The disqualifications are federal and every state's licensing agency must apply them. States issue the license, run the commercial learner's permit and testing process, and decide whether to offer the 10-year reinstatement option under 49 CFR 383.51(a)(6).","state_examples":[],"official_links":[{"name":"49 CFR 383.51 (eCFR)","url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-D/section-383.51","detail":"The full federal list of CDL disqualifications and their lengths."},{"name":"TSA: Hazmat Endorsement","url":"https://www.tsa.gov/for-industry/hazmat-endorsement","detail":"Security threat assessment for hazmat endorsements ($86.50 new applicant fee, $41.00 reduced rate for TWIC holders); HAZMAT program line (855) 347-8371."}],"related":["twic-card","leave-the-country"],"sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-D/section-383.51","title":"49 CFR 383.51: Disqualification of drivers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-I/section-383.141","title":"49 CFR 383.141: General (hazardous materials endorsement security threat assessment)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-30"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/subpart-B/section-391.15","title":"49 CFR 391.15: Disqualification of drivers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1572/subpart-B/section-1572.103","title":"49 CFR 1572.103: Disqualifying criminal offenses","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-A/part-1515","title":"49 CFR Part 1515: Appeal and Waiver Procedures for Security Threat Assessments for Individuals","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.tsa.gov/for-industry/hazmat-endorsement","title":"Hazmat Endorsement","publisher":"Transportation Security Administration","accessed":"2026-10-30"},{"url":"https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement/overcome-criminal-convictions.html","title":"Overcome criminal convictions","publisher":"Immigration, Refugees and Citizenship Canada (Government of Canada)","accessed":"2026-10-30"},{"url":"https://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra.pdf","title":"Ley de Migración (última reforma DOF 15-01-2026)","publisher":"Cámara de Diputados del H. Congreso de la Unión (Mexico)","accessed":"2026-10-21"}],"last_verified":"2026-10-30"},{"slug":"pilot","question":"Can you get a pilot's license with a felony?","short_name":"Pilot's license","category":"transportation","answer":"usually_yes","answer_line":"Usually yes: the FAA has no general felony bar for pilot certificates, but drug convictions can delay or cost you a certificate, alcohol- or drug-related driving offenses must be reported and are reviewed for your medical certificate, an airline transport pilot certificate requires good moral character, and flying for an airline means passing a TSA background check that disqualifies listed crimes from the last 10 years.","summary":"To get a student, private or commercial pilot certificate you need to meet age, English, training and medical requirements; the FAA's eligibility rules don't list a felony as a disqualifier. The criminal-record rules that do apply are narrow: a drug conviction is grounds to deny a certificate for up to 1 year (14 CFR 61.15), repeated alcohol- or drug-related driving actions within 3 years are grounds for the same, a drug felony that involved an aircraft leads to mandatory revocation (49 U.S.C. 44710), and the medical application asks about DUI arrests and all non-traffic convictions. The airline transport pilot (ATP) certificate adds a 'good moral character' requirement the FAA doesn't define in published criteria. Separately, airlines and airports must run TSA fingerprint checks, and a conviction in the 10 years before you apply for a crime in any of 28 listed categories (including many felonies such as burglary, theft, fraud and drug distribution) disqualifies you from flight crew and airport security-area jobs, with no waiver in those rules.","rules":[{"id":"no-general-felony-bar","statement":"There's no general rule that a felony stops you getting an FAA pilot certificate; the basic eligibility requirements are about age, English, knowledge, flight experience and medical fitness.","detail":"The FAA says you are eligible for a student pilot certificate if you are at least 16 (14 for gliders and balloons) and can read, speak and understand English; you apply through IACRA or on FAA Form 8710-1. Criminal history enters through the specific rules below, not a blanket ban.","sources":[{"url":"https://www.faa.gov/pilots/become/student_cert","title":"Student Pilot's Certificate Requirements","publisher":"Federal Aviation Administration","accessed":"2026-10-22"}]},{"id":"drug-convictions-14-cfr-61-15-a","statement":"A federal or state drug conviction (growing, making, selling, possessing, transporting or importing drugs, including marijuana) is grounds to deny a certificate for up to 1 year after the final conviction, or to suspend or revoke one you hold.","detail":"14 CFR 61.15(a). 'Grounds for' means the FAA may act; the rule doesn't require denial, and the denial period is capped at 1 year from the date of final conviction. Operating an aircraft while impaired or with more than 0.04 alcohol concentration (91.17(a)), or knowingly carrying illegal drugs on an aircraft (91.19(a)), is grounds for the same, measured from the date of the act (61.15(b)). The same rules apply to the remote pilot certificate for drones (14 CFR 107.57).","sources":[{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-D/part-61/subpart-A/section-61.15","title":"14 CFR 61.15: Offenses involving alcohol or drugs","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-91/subpart-A/section-91.17","title":"14 CFR 91.17: Alcohol or drugs","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107/subpart-C/section-107.57","title":"14 CFR 107.57: Offenses involving alcohol or drugs (remote pilots)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"motor-vehicle-actions-61-15-c-f","statement":"If you hold a pilot certificate, you must report every alcohol- or drug-related driving conviction or license suspension to the FAA within 60 days, and two such actions within 3 years are grounds for denial or revocation.","detail":"14 CFR 61.15(c)-(f). A 'motor vehicle action' is a DUI/DWI-type conviction, or a license suspension, revocation, cancellation or denial for an alcohol- or drug-related driving cause, after November 29, 1990. Actions from the same incident count once. Failing to send the written report within 60 days is itself grounds for denial (up to 1 year) or suspension or revocation. The FAA's reporting page (updated September 21, 2026) says reports go to its Security and Intelligence Organization, Regulatory Investigations Division (AXI-300), P.O. Box 25810, Oklahoma City, OK 73125, or by fax or online; that a suspension and a later conviction each need their own report; that arrests alone don't have to be reported to that office; and that boating while intoxicated counts if your state treats a boat as a motor vehicle.","sources":[{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-D/part-61/subpart-A/section-61.15","title":"14 CFR 61.15: Offenses involving alcohol or drugs","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi","title":"Airmen and Drug- and/or Alcohol-Related Motor Vehicle Action(s)","publisher":"Federal Aviation Administration","accessed":"2026-10-22"}]},{"id":"medical-application-conviction-questions","statement":"The FAA medical certificate application (Form 8500-8, through MedXPress) asks about every alcohol- or drug-related driving arrest, conviction or administrative action, and about all non-traffic convictions, misdemeanor or felony.","detail":"AME Guide, Item 18.v: all DWI-type incidents must be reported, even a single arrest and even if reported before. Item 18.w: report any non-traffic conviction (the guide's examples are assault, battery, public intoxication and robbery), with the charge, date and court documents if available. Item 20: your declaration authorizes the National Driver Register to release your adverse driving history to the FAA. The Part 67 medical standards don't list criminal convictions as such; the mental standards that can disqualify concern conditions such as substance dependence, substance abuse within the past 2 years, or a personality disorder severe enough to have repeatedly shown itself through overt acts (14 CFR 67.107, 67.207, 67.307).","sources":[{"url":"https://www.faa.gov/ame_guide/app_process/app_history/item18/v","title":"Guide for Aviation Medical Examiners: Item 18.v, History of Arrest(s), Conviction(s) and/or Administrative Action(s)","publisher":"Federal Aviation Administration","accessed":"2026-10-22"},{"url":"https://www.faa.gov/ame_guide/app_process/app_history/item18/w","title":"Guide for Aviation Medical Examiners: Item 18.w, History of nontraffic convictions","publisher":"Federal Aviation Administration","accessed":"2026-10-22"},{"url":"https://www.faa.gov/ame_guide/app_process/app_history/item20","title":"Guide for Aviation Medical Examiners: Item 20, Applicant's National Driver Register and Certifying Declaration","publisher":"Federal Aviation Administration","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-D/part-67/subpart-D/section-67.307","title":"14 CFR 67.307: Mental (third-class medical standards)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"dui-medical-review","statement":"A DUI doesn't automatically disqualify you medically, but the aviation medical examiner can issue your certificate in the office only for a single lifetime incident under 0.15 with clean records, or one the FAA has already cleared in writing; otherwise the application goes to the FAA for review.","detail":"The FAA's DUI/DWI/Alcohol Incidents disposition table for aviation medical examiners (all classes, updated September 30, 2026): (A) an event already reported to the FAA, with an FAA letter saying monitoring isn't required and no new events, can be issued; (B) for a single lifetime event with a blood or breath alcohol level of 0.149 or below, the examiner reviews the required documents (personal statement, arrest report, test results, court and probation records, driving records from every state where you held a license in the past 10 years, and any substance-abuse evaluations or treatment records) and may issue if every answer on the FAA's Alcohol Event Status Report is in the clear column; (C) for a single event with an unknown or refused test or a level of 0.15 or higher, the examiner must defer to the FAA; and two or more lifetime events, a history of substance dependence or a substance use disorder, or any level of 0.20 or higher send the case to the FAA's substance-use protocols. If the examiner can't get the required reports within 14 days of the exam, the examiner must defer.","sources":[{"url":"https://www.faa.gov/ame_guide/media/DUIDWI_Alcohol_Incidents_Disposition_Table.pdf","title":"DUI/DWI/Alcohol Incidents (18 v.) Disposition Table","publisher":"Federal Aviation Administration (Guide for Aviation Medical Examiners)","accessed":"2026-10-22"}]},{"id":"aircraft-drug-felony-revocation-49-usc-44710","statement":"A drug felony (other than simple possession) that involved using an aircraft, where you served as an airman or were on board, requires the FAA to revoke your certificate, and the FAA generally may not issue you a new one.","detail":"49 U.S.C. 44710(b) requires revocation after such a conviction, or on an FAA finding that you knowingly carried out such an activity with an aircraft. Under 49 U.S.C. 44703(f), the FAA may not issue a new certificate to someone revoked under 44710 except to facilitate law enforcement or where the person is later acquitted of all related charges or the conviction is reversed (44710(e)(2)). You can appeal a 44710 revocation to the National Transportation Safety Board (44710(d)).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/49/44710","title":"49 U.S. Code § 44710: Revocations of airman certificates for controlled substance violations","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/49/44703","title":"49 U.S. Code § 44703: Airman certificates","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"}]},{"id":"atp-good-moral-character-61-153","statement":"To get an airline transport pilot (ATP) certificate, the level needed to captain for an airline, you must 'be of good moral character'.","detail":"14 CFR 61.153(c). The regulation doesn't define the term, and we found no published FAA criteria for how a criminal record is weighed under it. Student, private and commercial certificates don't carry this requirement.","sources":[{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-D/part-61/subpart-G/section-61.153","title":"14 CFR 61.153: Eligibility requirements: General (airline transport pilot)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"tsa-chrc-flight-crew-and-airport-access","statement":"To fly for an airline (or work in an airport's secure area), you must pass a TSA fingerprint check, and a conviction in the 10 years before you apply for a crime in any of 28 listed categories disqualifies you.","detail":"49 CFR 1544.230 requires aircraft operators to check each flightcrew member against the list in 1544.229(d); 1544.229 covers airline workers with unescorted access, screening, or checked baggage and cargo functions; 1542.209(d) applies the same list to airport security identification display area (SIDA) badges. The list: aviation crimes (such as aircraft piracy, interfering with a flight crew, carrying a weapon aboard, false threats, unlawful entry into secure airport areas); murder; assault with intent to murder; espionage; sedition; treason; kidnapping or hostage taking; rape or aggravated sexual abuse; unlawful possession, use, sale, distribution or manufacture of an explosive or weapon; extortion; armed or felony unarmed robbery; distribution of, or intent to distribute, a controlled substance; felony arson; felony involving a threat; a felony involving willful destruction of property, importing or manufacturing a controlled substance, burglary, theft, dishonesty, fraud or misrepresentation, stolen property, aggravated assault, bribery, or drug possession punishable by more than 1 year; violence at international airports; and conspiracy or attempt to commit any of these. A finding of not guilty by reason of insanity counts too. A conviction more than 10 years before the application doesn't disqualify under these rules.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1544/subpart-C/section-1544.229","title":"49 CFR 1544.229: Fingerprint-based criminal history records checks (CHRC): unescorted access, screening, checked baggage or cargo functions","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1544/subpart-C/section-1544.230","title":"49 CFR 1544.230: Fingerprint-based criminal history records checks (CHRC): Flightcrew members","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1542/subpart-C/section-1542.209","title":"49 CFR 1542.209: Fingerprint-based criminal history records checks (CHRC) (airport operators)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"falsification-14-cfr-3-403","statement":"Lying about or knowingly leaving out a conviction on an FAA application is its own violation and can cost you every FAA certificate you hold.","detail":"Since November 3, 2025, the FAA's falsification rules are consolidated in 14 CFR 3.403 (fraudulent or intentionally false statements and knowing omissions of material facts) and 3.405 (material incorrect statements or omissions), replacing the old 61.59 and 67.403. A violation is a basis for denying, suspending or revoking any certificate or rating you hold, or a civil penalty. The FAA's reporting page notes that a drug conviction or driving action behind a 61.15 violation can also form the basis of a falsification case.","sources":[{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-A/part-3/subpart-D","title":"14 CFR Part 3, Subpart D: Falsification, Reproduction, Alteration, Omission, or Incorrect Statements (3.401-3.405)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2025/09/03/2025-16902/falsification-reproduction-alteration-omission-or-incorrect-statements","title":"Falsification, Reproduction, Alteration, Omission, or Incorrect Statements (final rule, 90 FR, Sept. 3, 2025; effective Nov. 3, 2025)","publisher":"Federal Register (Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi","title":"Airmen and Drug- and/or Alcohol-Related Motor Vehicle Action(s)","publisher":"Federal Aviation Administration","accessed":"2026-10-22"}]}],"barriers":[{"statement":"A recent felony on the TSA list blocks airline and airport jobs until 10 years after the conviction, even with a valid pilot certificate.","detail":"49 CFR 1544.229(d) and 1542.209(d) look back 10 years from the date of the application. A conviction while you hold the authority also disqualifies, and you must report it to the employer within 24 hours.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1544/subpart-C/section-1544.229","title":"49 CFR 1544.229: Fingerprint-based criminal history records checks (CHRC)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"An old arrest for a listed crime with no recorded outcome can hold up an airline or airport job until it's resolved.","detail":"Under 49 CFR 1544.229(g) and 1544.230(d), when the FBI record shows an arrest for a listed crime with no disposition, the operator must investigate and confirm it didn't end in a disqualifying conviction before granting access or flight crew status; if there's no disposition, or it wasn't a disqualifying conviction, you aren't disqualified. If you're told the record shows a disqualifying offense, you have 30 days to notify the operator in writing that you intend to correct it (1544.229(h)-(i), 1544.230(e)-(f)).","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1544/subpart-C/section-1544.229","title":"49 CFR 1544.229: Fingerprint-based criminal history records checks (CHRC)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1544/subpart-C/section-1544.230","title":"49 CFR 1544.230: Fingerprint-based criminal history records checks (CHRC): Flightcrew members","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"Unreported DUIs are usually found: the medical application authorizes the FAA to check the National Driver Register.","detail":"The FAA says it uses the NDR consent on Form 8500-8 to find drug- and alcohol-related driving actions, opens a formal investigation if it finds one you didn't report, and treats a late report sent before it discovers the action as a mitigating factor.","sources":[{"url":"https://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi","title":"Airmen and Drug- and/or Alcohol-Related Motor Vehicle Action(s)","publisher":"Federal Aviation Administration","accessed":"2026-10-22"}]},{"statement":"TSA can separately find that a person holding or applying for an FAA certificate is a security threat, and the FAA must then act against a certificate the person holds.","detail":"49 CFR 1540.115 sets out how TSA notifies a U.S. citizen holding or applying for an airman certificate that it considers them a threat to transportation or national security, airline or passenger security, or civil aviation security, or a threat of air piracy or terrorism, serves its determination on the FAA, and lets the person request the materials and reply. Under 49 U.S.C. 46111, once TSA notifies the FAA, the FAA must amend, modify, suspend or revoke the holder's certificate, and a U.S. citizen is entitled to a hearing. This is a security determination, not a general criminal-record rule.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1540/subpart-B/section-1540.115","title":"49 CFR 1540.115: Threat assessments regarding citizens of the United States holding or applying for FAA certificates, ratings, or authorizations","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/49/46111","title":"49 U.S. Code § 46111: Certificate actions in response to a security threat","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"}]}],"waivers":[{"statement":"The 61.15 bars are time-limited and discretionary: a denial for a drug conviction or repeat driving actions lasts at most 1 year from the conviction or last action.","detail":"14 CFR 61.15(a), (d) and (f) make these 'grounds for' denial 'for a period of up to 1 year'.","sources":[{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-D/part-61/subpart-A/section-61.15","title":"14 CFR 61.15: Offenses involving alcohol or drugs","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"If the FAA denies your application for a certificate, you can generally appeal to the National Transportation Safety Board.","detail":"49 U.S.C. 44703(d), unless your certificate was suspended at the time of denial or revoked within the past year. The NTSB holds a hearing and isn't bound by the FAA's findings of fact; its decision can be reviewed in federal court.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/49/44703","title":"49 U.S. Code § 44703: Airman certificates","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"}]},{"statement":"For the TSA airline and airport check, the route is correcting an inaccurate record, or waiting until the conviction is more than 10 years old; the regulations provide no waiver.","detail":"49 CFR 1544.229(i) and 1544.230(f) let you correct inaccurate FBI information with the court or agency that holds it. We found no waiver procedure in 1542.209, 1544.229 or 1544.230.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1544/subpart-C/section-1544.230","title":"49 CFR 1544.230: Fingerprint-based criminal history records checks (CHRC): Flightcrew members","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"A DUI history can still lead to a medical certificate after FAA review, sometimes with monitoring.","detail":"The AME disposition table routes higher-risk DUI histories to the FAA for a decision rather than refusing them outright; examiners may call the FAA's Aerospace Medical Certification Division at 405-954-4821 with questions.","sources":[{"url":"https://www.faa.gov/ame_guide/media/DUIDWI_Alcohol_Incidents_Disposition_Table.pdf","title":"DUI/DWI/Alcohol Incidents (18 v.) Disposition Table","publisher":"Federal Aviation Administration (Guide for Aviation Medical Examiners)","accessed":"2026-10-22"}]}],"steps":["Pull your full record (FBI Identity History Summary and state records) and the court dispositions, so you know the exact offense, date of conviction and sentence for each case.","Check for drug convictions and alcohol- or drug-related driving actions: note the dates against the 1-year and 3-year windows in 14 CFR 61.15.","Before paying for flight training, book a medical exam with an aviation medical examiner (or ask one first) and answer Form 8500-8 truthfully, including items 18.v and 18.w; bring court records, arrest reports and driving records for any DUI.","If you already hold a certificate, send the FAA a written report within 60 days of any alcohol- or drug-related driving conviction or license action.","If you want to fly for an airline, compare each conviction from the last 10 years with the TSA list in 49 CFR 1544.229(d); if one is on it, count when it will be 10 years old, and get certified court records ready for any arrest with no disposition.","For an ATP certificate, be ready to explain your record and what you've done since, since the 'good moral character' standard has no published checklist.","If the FAA denies you, ask whether you can appeal to the NTSB, and consider getting an aviation attorney's advice."],"state_variation":"none","state_detail":"Pilot certificates and the TSA aviation checks are federal and the same in every state. State law matters for the facts the FAA and TSA look at: whether a crime was a felony, how a DUI or license suspension was recorded, and what a court record shows.","state_examples":[],"official_links":[{"name":"FAA: Student pilot certificate requirements","url":"https://www.faa.gov/pilots/become/student_cert","detail":"Who is eligible and how to apply through IACRA."},{"name":"FAA: Reporting alcohol- or drug-related motor vehicle actions","url":"https://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi","detail":"What to report, the 60-day deadline and the online notification letter. Investigators: 405-954-4848."},{"name":"14 CFR 61.15 (eCFR)","url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-D/part-61/subpart-A/section-61.15","detail":"Drug and alcohol offenses and pilot certificates."},{"name":"49 CFR 1544.229 (eCFR)","url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1544/subpart-C/section-1544.229","detail":"The TSA list of disqualifying crimes for airline and airport jobs."},{"name":"FAA Guide for Aviation Medical Examiners","url":"https://www.faa.gov/ame_guide/app_process/app_history/item18/v","detail":"How medical examiners handle arrests, convictions and DUIs on Form 8500-8."}],"related":["twic-card","cdl","military"],"sources":[{"url":"https://www.faa.gov/pilots/become/student_cert","title":"Student Pilot's Certificate Requirements","publisher":"Federal Aviation Administration","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-D/part-61/subpart-A/section-61.15","title":"14 CFR 61.15: Offenses involving alcohol or drugs","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-91/subpart-A/section-91.17","title":"14 CFR 91.17: Alcohol or drugs","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107/subpart-C/section-107.57","title":"14 CFR 107.57: Offenses involving alcohol or drugs (remote pilots)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-D/part-61/subpart-G/section-61.153","title":"14 CFR 61.153: Eligibility requirements: General (airline transport pilot)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-D/part-67/subpart-D/section-67.307","title":"14 CFR 67.307: Mental (third-class medical standards)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-14/chapter-I/subchapter-A/part-3/subpart-D","title":"14 CFR Part 3, Subpart D: Falsification, Reproduction, Alteration, Omission, or Incorrect Statements (3.401-3.405)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2025/09/03/2025-16902/falsification-reproduction-alteration-omission-or-incorrect-statements","title":"Falsification, Reproduction, Alteration, Omission, or Incorrect Statements (final rule, Sept. 3, 2025; effective Nov. 3, 2025)","publisher":"Federal Register (Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi","title":"Airmen and Drug- and/or Alcohol-Related Motor Vehicle Action(s)","publisher":"Federal Aviation Administration","accessed":"2026-10-22"},{"url":"https://www.faa.gov/ame_guide/app_process/app_history/item18/v","title":"Guide for Aviation Medical Examiners: Item 18.v","publisher":"Federal Aviation Administration","accessed":"2026-10-22"},{"url":"https://www.faa.gov/ame_guide/app_process/app_history/item18/w","title":"Guide for Aviation Medical Examiners: Item 18.w","publisher":"Federal Aviation Administration","accessed":"2026-10-22"},{"url":"https://www.faa.gov/ame_guide/app_process/app_history/item20","title":"Guide for Aviation Medical Examiners: Item 20","publisher":"Federal Aviation Administration","accessed":"2026-10-22"},{"url":"https://www.faa.gov/ame_guide/media/DUIDWI_Alcohol_Incidents_Disposition_Table.pdf","title":"DUI/DWI/Alcohol Incidents (18 v.) Disposition Table","publisher":"Federal Aviation Administration (Guide for Aviation Medical Examiners)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/49/44710","title":"49 U.S. Code § 44710: Revocations of airman certificates for controlled substance violations","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/49/44703","title":"49 U.S. Code § 44703: Airman certificates","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1544/subpart-C/section-1544.229","title":"49 CFR 1544.229: Fingerprint-based criminal history records checks (CHRC)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1544/subpart-C/section-1544.230","title":"49 CFR 1544.230: Fingerprint-based criminal history records checks (CHRC): Flightcrew members","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1542/subpart-C/section-1542.209","title":"49 CFR 1542.209: Fingerprint-based criminal history records checks (CHRC) (airport operators)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-C/part-1540/subpart-B/section-1540.115","title":"49 CFR 1540.115: Threat assessments regarding citizens of the United States holding or applying for FAA certificates","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/49/46111","title":"49 U.S. Code § 46111: Certificate actions in response to a security threat","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2025/01/15/2025-00773/recordkeeping-requirements-for-criminal-history-record-checks-airport-and-aircraft-operator-security","title":"Recordkeeping Requirements for Criminal History Record Checks; Airport and Aircraft Operator Security; Technical Amendments (Jan. 15, 2025)","publisher":"Federal Register (Office of the Federal Register)","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"twic-card","question":"Can you get a TWIC card with a felony?","short_name":"TWIC card","category":"transportation","answer":"restricted","answer_line":"Often yes, but specific felonies disqualify you: TSA bars a short list of serious crimes permanently and others until at least 7 years after conviction and 5 years after release from prison, and you can ask TSA for a waiver for all but a handful of them.","summary":"TSA's security threat assessment for the Transportation Worker Identification Credential (TWIC) checks your record against a fixed list in 49 CFR 1572.103. A few felonies (such as espionage, treason, terrorism, murder and certain explosives crimes) are permanent disqualifiers; a longer list (including drug distribution, robbery, fraud, firearms dealing and arson) disqualifies you only if you were convicted within 7 years or released from prison within 5 years of applying. The lists cover felonies only, so misdemeanors and felonies not on the list don't automatically disqualify you, though TSA can still consider an extensive record, a serious unlisted crime or more than 365 consecutive days of imprisonment. Everything except espionage, sedition, treason and terrorism can be considered for a waiver, and you can appeal a denial.","rules":[{"id":"permanent-disqualifiers-49-cfr-1572-103-a","statement":"You are permanently disqualified if you were convicted of (or found not guilty by reason of insanity of) certain felonies, no matter how long ago.","detail":"49 CFR 1572.103(a): espionage; sedition; treason; a federal crime of terrorism or comparable state crime; a crime involving a transportation security incident; improper transportation of hazardous materials (49 U.S.C. 5124) or comparable state crime; unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device; murder; threats or false information about placing or detonating an explosive or other lethal device at a public place, government facility, public transportation system or infrastructure facility; certain RICO violations where a predicate act is one of these crimes; and attempts or conspiracies to commit these crimes. Even 'permanent' disqualifiers other than espionage, sedition, treason and terrorism can be considered for a waiver (see waivers).","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1572/subpart-B/section-1572.103","title":"49 CFR 1572.103: Disqualifying criminal offenses","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"interim-disqualifiers-7-and-5-year-lookback","statement":"Other listed felonies disqualify you only for a period: if you were convicted within 7 years of applying, or released from incarceration for the crime within 5 years of applying.","detail":"49 CFR 1572.103(b). The interim list: unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon; extortion; dishonesty, fraud or misrepresentation, including identity fraud and money laundering tied to a listed crime (welfare fraud and passing bad checks don't count); bribery; smuggling; immigration violations; distribution of, possession with intent to distribute, or importation of a controlled substance; arson; kidnapping or hostage taking; rape or aggravated sexual abuse; assault with intent to kill; robbery; fraudulent entry into a seaport (18 U.S.C. 1036) or comparable state crime; RICO violations not covered by the permanent list; and conspiracy or attempt to commit any of these. Simple drug possession is not on the list.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1572/subpart-B/section-1572.103","title":"49 CFR 1572.103: Disqualifying criminal offenses","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"wanted-or-indicted","statement":"If you are wanted, or under indictment, for any listed felony, you are disqualified until the warrant is released or the indictment is dismissed.","detail":"49 CFR 1572.103(c). An arrest alone is handled differently: if your fingerprint check shows an arrest for a disqualifying crime with no final outcome, TSA tells you, and you have 60 days to send written proof that it didn't end in a disqualifying conviction (1572.103(d)).","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1572/subpart-B/section-1572.103","title":"49 CFR 1572.103: Disqualifying criminal offenses","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"what-counts-as-a-conviction","statement":"For TSA, a guilty or no-contest plea counts as a conviction, but a conviction that was overturned on appeal, pardoned or expunged does not.","detail":"49 CFR 1570.3 defines 'convicted' as any plea of guilty or nolo contendere, or any finding of guilt, except when the finding is later overturned on appeal, pardoned or expunged. A conviction is 'expunged' only if it is removed from your criminal history record and carries no remaining legal disabilities (other than use in later sentencing). If you were allowed to withdraw your plea, enter a not-guilty plea and the case was then dismissed, you are no longer considered convicted. 'Incarceration' includes a jail-type institution, halfway house or treatment facility under a sentence.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1570/subpart-A/section-1570.3","title":"49 CFR 1570.3: Terms used in this subchapter","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"other-analyses-49-cfr-1572-107","statement":"Even with no listed offense, TSA can find you a security threat based on extensive criminal convictions, a serious crime not on the list, or more than 365 consecutive days in prison.","detail":"49 CFR 1572.107(b). TSA also checks terrorist watchlists, Interpol and other databases (1572.107(a)). Appeals of these determinations follow 49 CFR 1515.9.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1572/subpart-B/section-1572.107","title":"49 CFR 1572.107: Other analyses","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"citizenship-or-lawful-status","statement":"You must be a U.S. citizen or national, a lawful permanent resident, or in another eligible immigration status to get a TWIC.","detail":"TSA's TWIC page lists U.S. citizens, lawful permanent residents, naturalized citizens and certain nonimmigrants, asylees and refugees in lawful status. A new card costs $125.25 ($93.00 at the reduced rate for applicants who already hold a valid hazmat endorsement or FAST card) and is valid for five years; TSA recommends enrolling at least 60 days before you need it.","sources":[{"url":"https://www.tsa.gov/twic","title":"Transportation Worker Identification Credential (TWIC)","publisher":"Transportation Security Administration","accessed":"2026-10-30"}]}],"barriers":[{"statement":"A pending felony case for a listed offense (warrant or indictment) disqualifies you until it is resolved.","detail":"49 CFR 1572.103(c).","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1572/subpart-B/section-1572.103","title":"49 CFR 1572.103: Disqualifying criminal offenses","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"statement":"Old arrests with no recorded outcome can delay or sink your application if you don't answer TSA's notice within 60 days.","detail":"49 CFR 1572.103(d)(2). Get certified court dispositions ready in advance.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1572/subpart-B/section-1572.103","title":"49 CFR 1572.103: Disqualifying criminal offenses","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"statement":"TWIC holders are re-checked over time; a new disqualifying record can lead to a preliminary determination and, if not resolved, revocation of the card.","detail":"TSA's TWIC page says that after a recurrent vetting finding of ineligibility, TSA issues a preliminary determination that lets the holder appeal or apply for a waiver, and a final ineligibility determination leads to revocation.","sources":[{"url":"https://www.tsa.gov/twic","title":"Transportation Worker Identification Credential (TWIC)","publisher":"Transportation Security Administration","accessed":"2026-10-30"}]}],"waivers":[{"statement":"You can ask TSA for a waiver if your disqualifying offense is anything other than espionage, sedition, treason or a federal terrorism crime (or conspiracy to commit one).","detail":"49 CFR 1515.7(a): waivers are available for offenses in 1572.103(a)(5) through (a)(12) and all of 1572.103(b); the offenses in 1572.103(a)(1)-(4) are not eligible. Send a written request no later than 60 days after TSA serves its Final Determination (you can also ask during the application or after an appeal). TSA considers the circumstances of the offense, restitution you've made, any federal or state mitigation remedies, and other factors showing you are not a security threat. TSA must decide within 60 days unless it extends the time for good cause.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-A/part-1515","title":"49 CFR Part 1515: Appeal and Waiver Procedures for Security Threat Assessments for Individuals","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"statement":"If you think TSA got your record wrong, appeal: reply in writing, or ask for the materials TSA relied on, within 60 days of the Initial Determination.","detail":"49 CFR 1515.5. You can correct an erroneous record with the court or agency that holds it and send TSA the corrected version. If you don't respond within 60 days, the Initial Determination becomes final.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-A/part-1515","title":"49 CFR Part 1515: Appeal and Waiver Procedures for Security Threat Assessments for Individuals","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]},{"statement":"If TSA denies your waiver, you can ask an administrative law judge to review it within 30 calendar days, and then seek review by TSA's Final Decision Maker and a federal court.","detail":"49 CFR 1515.11. The judge considers only evidence you already gave TSA; new evidence means filing a new waiver request.","sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-A/part-1515","title":"49 CFR Part 1515: Appeal and Waiver Procedures for Security Threat Assessments for Individuals","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"}]}],"steps":["List every conviction and compare each to the permanent and interim lists in 49 CFR 1572.103. Check the dates: for interim offenses, count 7 years from conviction and 5 years from release.","Get certified court records (charge, final disposition, sentence and release date) for every arrest, including ones that were dismissed.","Enroll through TSA's enrollment provider and answer the criminal history questions truthfully.","If TSA sends a letter about a possible disqualifier, note the 60-day deadline. Appeal if the record is wrong; request a waiver if it is right but you can show you aren't a threat (rehabilitation evidence, restitution, completed sentence, work history, references).","If the waiver is denied, request administrative law judge review within 30 days."],"state_variation":"none","state_detail":"TWIC is a federal credential with one national standard. State law matters only in deciding whether your offense was a felony and whether a state record-clearing remedy (such as an expungement that leaves no remaining legal disabilities) counts.","state_examples":[],"official_links":[{"name":"TSA: TWIC program","url":"https://www.tsa.gov/twic","detail":"Eligibility, fees ($125.25 new applicant, $93.00 reduced rate) and enrollment. TWIC help line 855-347-8371."},{"name":"49 CFR 1572.103 (eCFR)","url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1572/subpart-B/section-1572.103","detail":"The full list of disqualifying offenses."},{"name":"49 CFR Part 1515 (eCFR)","url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-A/part-1515","detail":"Appeal, waiver and administrative law judge review procedures."}],"related":["cdl"],"sources":[{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1572/subpart-B/section-1572.103","title":"49 CFR 1572.103: Disqualifying criminal offenses","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1572/subpart-B/section-1572.107","title":"49 CFR 1572.107: Other analyses","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-D/part-1570/subpart-A/section-1570.3","title":"49 CFR 1570.3: Terms used in this subchapter","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-49/subtitle-B/chapter-XII/subchapter-A/part-1515","title":"49 CFR Part 1515: Appeal and Waiver Procedures for Security Threat Assessments for Individuals","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.tsa.gov/twic","title":"Transportation Worker Identification Credential (TWIC)","publisher":"Transportation Security Administration","accessed":"2026-10-30"}],"last_verified":"2026-10-30"},{"slug":"firefighter","question":"Can you be a firefighter with a felony?","short_name":"Firefighter","category":"public_safety_job","answer":"depends","answer_line":"It depends on the state and the department: there's no single national rule, and some states or departments bar felony convictions while others review each applicant's record.","summary":"Fire departments are run by cities, counties and fire districts, and they hire under state law and local civil service rules. Many firefighter jobs also involve a state firefighter certification and, where the job requires it, a state EMT or paramedic license, and each of those can carry its own criminal-history rules. Some states are strict: Florida won't certify firefighters with felony convictions, including no-contest pleas. Others, like New York, generally require a public employer to show a direct relationship to the job or an unreasonable risk before rejecting someone for a past conviction. The National Registry of EMTs has moved away from judging criminal records itself and leaves that to state EMS offices.","rules":[{"id":"decided-by-state-and-local-rules","statement":"Whether a record keeps you out of firefighting is decided by your state's laws and your local department's hiring rules, not by one national standard.","detail":"Civil service commissions that run firefighter exams can screen out applicants for criminal conduct under state law. In New York, for example, the state civil service department and municipal commissions may refuse to examine an applicant, or to certify an eligible candidate, who 'has been guilty of a crime' (Civil Service Law 50(4)(d)), but must first give a written statement of the reasons and a chance to respond. State certification agencies may set their own criminal-history standards on top of that.","sources":[{"url":"https://www.nysenate.gov/legislation/laws/CVS/50","title":"New York Civil Service Law § 50: Examinations","publisher":"New York State Senate (Consolidated Laws of New York)","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0633/Sections/0633.412.html","title":"Florida Statutes § 633.412: Firefighters; qualifications for certification","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}]},{"id":"fair-chance-laws-vary","statement":"Whether a state fair-chance law protects you depends on the state: some cover every public employer, including fire departments, and some specifically exclude fire department hiring.","detail":"New York's Correction Law Article 23-A applies to applications for employment at any public or private employer and bars denial based on a prior conviction unless there is a direct relationship to the job or an unreasonable risk to property or safety (Correction Law 751-752). Florida's general law limiting the use of convictions in public employment (Florida Statutes 112.011) says it does not apply to the employment practices of any fire department relating to the hiring of firefighters (112.011(2)(b)).","sources":[{"url":"https://www.nysenate.gov/legislation/laws/COR/751","title":"New York Correction Law § 751: Applicability","publisher":"New York State Senate (Consolidated Laws of New York)","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"New York Correction Law § 752: Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited","publisher":"New York State Senate (Consolidated Laws of New York)","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0112/Sections/0112.011.html","title":"Florida Statutes § 112.011: Disqualification from licensing and public employment based on criminal conviction","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}]},{"id":"state-firefighter-certification","statement":"Some states require state firefighter certification and set criminal-history bars for it that can be stricter than a department's own rules.","detail":"Florida, for example, requires an applicant for firefighter certification to not have been convicted of a felony or any crime punishable by a year or more in prison (or a misdemeanor relating to the certification or to perjury or false statements), and it counts a guilty or no-contest plea or a finding of guilt even if no judgment of conviction was entered (Florida Statutes 633.412(2)). Applicants are also fingerprinted for state and FBI checks and must pass a good-moral-character investigation.","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0633/Sections/0633.412.html","title":"Florida Statutes § 633.412: Firefighters; qualifications for certification","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}]},{"id":"emt-license-state-ems-office","statement":"If the job requires EMT or paramedic certification, that license comes from your state's EMS office, which does its own criminal-history review.","detail":"Louisiana's Bureau of EMS, for example, requires EMT, AEMT and paramedic applicants who answer yes to its criminal-history disclosure question to submit state and federal background checks through the Louisiana State Police.","sources":[{"url":"https://ldh.la.gov/assets/oph/ems/EMSCC/220830BureauofEMSApplicationReview.pdf","title":"Bureau of EMS: criminal background check requirement for licensure applicants (effective September 2, 2022)","publisher":"Louisiana Department of Health, Bureau of Emergency Medical Services","accessed":"2026-10-21"}]},{"id":"nremt-fitness-to-practice","statement":"The National Registry of Emergency Medical Technicians (NREMT) has moved away from evaluating criminal convictions for its own certification, leaving fitness-to-practice decisions to state EMS offices.","detail":"NREMT Board Resolution 21-08 ('Fit to Practice'), enacted June 2021, supports 'the elimination of eligibility requirements that require evaluation of criminal convictions' and says state government processes are where public protection belongs, with implementation no sooner than two and no more than three years after adoption. NREMT continues to refer reported convictions to state officials for possible licensure action. Its Reconsideration of Eligibility policy (81.04) was revised in August 2024 (approved September 26, 2024) for this 'criminal convictions project.' Your state EMS office, not NREMT, is the place to ask how a record affects an EMT license.","sources":[{"url":"https://www.nremt.org/getattachment/a2d4e1f3-6e35-4b55-a62e-ae01b81981e7/21-RESOLUTION-O8-Fit-to-Practice.pdf?lang=en-US","title":"Resolution 21-08: Fit to Practice","publisher":"National Registry of Emergency Medical Technicians","accessed":"2026-10-22"},{"url":"https://nremt.org/Document/Policies-for-Public-Comment","title":"Policies for Public Comment","publisher":"National Registry of Emergency Medical Technicians","accessed":"2026-10-21"},{"url":"https://public.powerdms.com/Nat9346/documents/2308550","title":"Policy 81.04: Reconsideration of Eligibility (Version 2)","publisher":"National Registry of Emergency Medical Technicians","accessed":"2026-10-21"}]}],"barriers":[{"statement":"In a state with a felony bar on firefighter certification, a felony conviction, even a no-contest plea where no judgment of conviction was entered, can keep you from being certified.","detail":"Florida Statutes 633.412(2) (Florida example). The statute as published states no time limit or restoration-of-rights exception.","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0633/Sections/0633.412.html","title":"Florida Statutes § 633.412: Firefighters; qualifications for certification","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}]},{"statement":"Certification and licensing agencies may run fingerprint background checks and character investigations, so old cases are likely to surface.","detail":"Florida requires fingerprints for state and FBI checks and a good-moral-character investigation; Louisiana EMS requires state and federal checks for applicants who disclose a record.","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0633/Sections/0633.412.html","title":"Florida Statutes § 633.412: Firefighters; qualifications for certification","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"},{"url":"https://ldh.la.gov/assets/oph/ems/EMSCC/220830BureauofEMSApplicationReview.pdf","title":"Bureau of EMS: criminal background check requirement for licensure applicants (effective September 2, 2022)","publisher":"Louisiana Department of Health, Bureau of Emergency Medical Services","accessed":"2026-10-21"}]}],"waivers":[{"statement":"In New York, a certificate of relief from disabilities or a certificate of good conduct can remove a legal bar to employment, and you have the right to a written reason and a chance to respond before a civil service commission disqualifies you.","detail":"Correction Law 751 (mandatory bars removed by pardon or certificate); Civil Service Law 50(4).","sources":[{"url":"https://www.nysenate.gov/legislation/laws/COR/751","title":"New York Correction Law § 751: Applicability","publisher":"New York State Senate (Consolidated Laws of New York)","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/CVS/50","title":"New York Civil Service Law § 50: Examinations","publisher":"New York State Senate (Consolidated Laws of New York)","accessed":"2026-10-21"}]}],"steps":["Read the job posting or civil service exam announcement for the department you want, including its background standards.","Find out whether your state requires firefighter certification and look up the certifying agency's criminal-history rules (often the state fire marshal or fire training commission).","If the job requires EMT or paramedic certification, contact your state EMS office and ask how it reviews criminal records.","Gather certified court records for every case and proof that your sentence is complete.","Look into record-clearing or certificates of rehabilitation available in your state, and ask the certifying agency how it treats a cleared record, before you apply.","Answer every background question truthfully; a misstatement can be a separate reason to reject you."],"state_variation":"mostly_state","state_detail":"Firefighter hiring is local, and certification (firefighter and EMT) is by the state. The common pattern we could source: civil service commissions may screen for criminal conduct, state certification agencies may set their own bars, state EMS offices review records for EMT licenses, and state fair-chance laws may or may not apply to fire departments. Check both the department and your state's certifying agencies.","state_examples":[{"state":"FL","statement":"Florida won't certify a firefighter who has been convicted of a felony or of a crime punishable by a year or more in prison, counting guilty and no-contest pleas even without an entered judgment, and its general law limiting conviction-based public employment decisions does not apply to fire department hiring (Florida Statutes 633.412(2) and 112.011(2)(b)).","source":{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0633/Sections/0633.412.html","title":"Florida Statutes § 633.412: Firefighters; qualifications for certification","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}},{"state":"NY","statement":"New York's Correction Law Article 23-A covers public employers, so a fire department generally can't reject you for a past conviction unless it has a direct relationship to the job or would pose an unreasonable risk; civil service commissions can still disqualify someone 'guilty of a crime' after giving written reasons and a chance to respond (Correction Law 752; Civil Service Law 50(4)).","source":{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"New York Correction Law § 752: Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited","publisher":"New York State Senate (Consolidated Laws of New York)","accessed":"2026-10-21"}},{"state":"LA","statement":"Louisiana's Bureau of EMS requires EMT, AEMT and paramedic applicants who disclose a criminal history to submit Louisiana State Police state and federal background checks ($39.25); applicants can get a provisional license while results are pending, and the application is canceled if the check isn't received within 90 days.","source":{"url":"https://ldh.la.gov/assets/oph/ems/EMSCC/220830BureauofEMSApplicationReview.pdf","title":"Bureau of EMS: criminal background check requirement for licensure applicants (effective September 2, 2022)","publisher":"Louisiana Department of Health, Bureau of Emergency Medical Services","accessed":"2026-10-21"}}],"official_links":[{"name":"NREMT Resolution 21-08 (Fit to Practice)","url":"https://www.nremt.org/getattachment/a2d4e1f3-6e35-4b55-a62e-ae01b81981e7/21-RESOLUTION-O8-Fit-to-Practice.pdf?lang=en-US","detail":"Why criminal-record questions for EMT licenses go to your state EMS office, not the National Registry."},{"name":"Florida Statutes § 633.412 (firefighter certification)","url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0633/Sections/0633.412.html","detail":"Example of a state certification statute with a felony bar."},{"name":"New York Correction Law Article 23-A (§ 752)","url":"https://www.nysenate.gov/legislation/laws/COR/752","detail":"Example of a state fair-chance law that covers public employers."}],"related":[],"sources":[{"url":"https://www.nysenate.gov/legislation/laws/CVS/50","title":"New York Civil Service Law § 50: Examinations","publisher":"New York State Senate (Consolidated Laws of New York)","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/751","title":"New York Correction Law § 751: Applicability","publisher":"New York State Senate (Consolidated Laws of New York)","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"New York Correction Law § 752: Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited","publisher":"New York State Senate (Consolidated Laws of New York)","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0633/Sections/0633.412.html","title":"Florida Statutes § 633.412: Firefighters; qualifications for certification","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0112/Sections/0112.011.html","title":"Florida Statutes § 112.011: Disqualification from licensing and public employment based on criminal conviction","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"},{"url":"https://ldh.la.gov/assets/oph/ems/EMSCC/220830BureauofEMSApplicationReview.pdf","title":"Bureau of EMS: criminal background check requirement for licensure applicants (effective September 2, 2022)","publisher":"Louisiana Department of Health, Bureau of Emergency Medical Services","accessed":"2026-10-21"},{"url":"https://www.nremt.org/getattachment/a2d4e1f3-6e35-4b55-a62e-ae01b81981e7/21-RESOLUTION-O8-Fit-to-Practice.pdf?lang=en-US","title":"Resolution 21-08: Fit to Practice","publisher":"National Registry of Emergency Medical Technicians","accessed":"2026-10-22"},{"url":"https://nremt.org/Document/Policies-for-Public-Comment","title":"Policies for Public Comment","publisher":"National Registry of Emergency Medical Technicians","accessed":"2026-10-21"},{"url":"https://public.powerdms.com/Nat9346/documents/2308550","title":"Policy 81.04: Reconsideration of Eligibility (Version 2)","publisher":"National Registry of Emergency Medical Technicians","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"police-officer","question":"Can you be a police officer with a felony?","short_name":"Police officer","category":"public_safety_job","answer":"usually_no","answer_line":"Usually no: state peace-officer standards commonly bar anyone convicted of a felony, as every state rule checked here does (Texas, Florida, Pennsylvania, California), and federal gun law adds more limits for armed jobs.","summary":"Police officers must be certified or licensed under state peace officer standards (POST) rules, and the states checked here all disqualify felony convictions, often along with some misdemeanors. In Texas even felony probation or deferred adjudication, a Class A misdemeanor, or family-violence offense is disqualifying, and Florida counts a guilty or no-contest plea even if adjudication was withheld. Separately, federal law makes it a crime for someone with a conviction punishable by more than a year, or a misdemeanor domestic violence conviction, to possess firearms; the government-use exception does not cover the domestic violence ban. Exceptions are narrow and depend on state law and on whether a conviction has been expunged, set aside or pardoned.","rules":[{"id":"texas-tcole-37-tac-217-1","statement":"Texas: you can't be licensed as a peace officer if you've ever been convicted of, or put on court-ordered community supervision or probation for, any offense above a Class B misdemeanor, which includes every felony.","detail":"37 TAC 217.1(b)(4) and (b)(6) (effective April 1, 2024) also bar a Class B misdemeanor conviction or community supervision within the last ten years. (b)(7) bars anyone ever convicted of or placed on community supervision for an offense involving family violence, (b)(5) bars anyone currently charged with an offense that would be a bar, (b)(9) requires that peace officers not be prohibited by state or federal law from possessing firearms or ammunition, and (b)(13) bars a dishonorable discharge. The rule contains no waiver for these criminal-history standards, and (d) says a felony classification at the time of conviction will never be changed.","sources":[{"url":"https://www.law.cornell.edu/regulations/texas/37-Tex-Admin-Code-SS-217-1","title":"37 Tex. Admin. Code 217.1 - Minimum Standards for Initial Licensure","publisher":"Texas Commission on Law Enforcement rule (via Cornell LII)","accessed":"2026-10-21"}]},{"id":"florida-cjstc-fs-943-13","statement":"Florida: officers must not have been convicted of any felony or of a misdemeanor involving perjury or a false statement, and a guilty or no-contest plea counts even if adjudication was withheld or the sentence suspended.","detail":"Florida Statutes 943.13(4) applies to pleas or findings of guilt after July 1, 1981 and also bars a dishonorable discharge. Officers must also have fingerprints on file (943.13(5)) and good moral character as determined by a background investigation under Criminal Justice Standards and Training Commission procedures (943.13(7)).","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.13.html","title":"Florida Statutes s. 943.13 - Officers' minimum qualifications for employment or appointment (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}]},{"id":"pennsylvania-mpoetc-37-pa-code-203","statement":"Pennsylvania: police officer candidates must be free from convictions of 'disqualifying criminal offenses,' defined as any offense for which more than one year in prison can be imposed.","detail":"37 Pa. Code 203.11(a)(4) and the definition in 203.1. Because the test is the maximum possible sentence, it reaches every felony and can reach some misdemeanors; check the grading of your offense. 203.11(a)(10)(i) requires a background investigation with fingerprints submitted to the state Central Repository and the FBI.","sources":[{"url":"https://www.law.cornell.edu/regulations/pennsylvania/37-Pa-Code-SS-203-11","title":"37 Pa. Code 203.11 - Qualifications","publisher":"Pennsylvania Municipal Police Officers' Education and Training Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/pennsylvania/37-Pa-Code-SS-203-1","title":"37 Pa. Code 203.1 - Definitions","publisher":"Pennsylvania Municipal Police Officers' Education and Training Commission rule (via Cornell LII)","accessed":"2026-10-21"}]},{"id":"california-post-gov-code-1029","statement":"California: peace officer candidates must be free of the disqualifications in Government Code 1029, which California POST says include felony convictions, and every hiring agency must verify this.","detail":"POST's minimum selection standards list 'Free from any disqualifications for employment, including felony convictions (GC 1029).' 11 CCR 1953(c)(3) and (e)(3) require background inquiries addressing 'all disqualifications for peace officer appointment as specified in Government Code Section 1029(a),' and 1953(a) requires verifying good moral character under Government Code 1031(d). The text of Government Code 1029 itself could not be read on the official site (see research notes), so its provisions on felonies later reduced to misdemeanors, pardons or other relief are not summarized here.","sources":[{"url":"https://post.ca.gov/Peace-Officer-Candidate-Selection-Standards","title":"Peace Officer Candidate Selection Standards","publisher":"California Commission on Peace Officer Standards and Training (POST)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/california/11-CCR-1953","title":"Cal. Code Regs. tit. 11, 1953 - Background Investigation","publisher":"California Commission on Peace Officer Standards and Training rule (via Cornell LII)","accessed":"2026-10-21"}]},{"id":"federal-firearm-ban-18-usc-922-g-1","statement":"Federal law bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.","detail":"18 U.S.C. 922(g)(1). The definition in 921(a)(20) excludes state offenses classified as misdemeanors and punishable by two years or less, lets the law of the convicting jurisdiction decide what counts as a conviction, and does not count a conviction that was expunged, set aside, pardoned or followed by restoration of civil rights unless the restoration expressly says you may not have firearms. Federal law has a government-use exception for firearms issued for the use of a federal or state agency (18 U.S.C. 925(a)(1)), but the state rules above bar felony convictions regardless, and Texas separately requires that officers not be prohibited from possessing firearms.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/922","title":"18 U.S.C. 922 - Unlawful acts","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/uscode/text/18/921","title":"18 U.S.C. 921 - Definitions","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/uscode/text/18/925","title":"18 U.S.C. 925 - Exceptions: Relief from disabilities","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"}]},{"id":"federal-domestic-violence-ban-18-usc-922-g-9","statement":"A misdemeanor domestic violence conviction bars firearm possession under federal law, and unlike other bans this one applies even to guns issued by a police agency.","detail":"18 U.S.C. 922(g)(9) covers anyone 'convicted in any court of a misdemeanor crime of domestic violence.' The government-use exception in 925(a)(1) expressly excludes 922(g)(9), so a qualifying domestic violence misdemeanor effectively rules out armed police work. A conviction that was expunged, set aside or pardoned (or with civil rights restored, where they were lost) doesn't count unless the relief expressly prohibits firearms (921(a)(33)(B)(ii)).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/922","title":"18 U.S.C. 922 - Unlawful acts","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/uscode/text/18/925","title":"18 U.S.C. 925 - Exceptions: Relief from disabilities","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/uscode/text/18/921","title":"18 U.S.C. 921 - Definitions","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"}]}],"barriers":[{"statement":"Probation, deferred adjudication and withheld adjudication can count against you even without a formal conviction.","detail":"Texas bars anyone who has been on court-ordered community supervision or probation for an offense above a Class B misdemeanor (37 TAC 217.1(b)(4)). Florida counts guilty and no-contest pleas 'notwithstanding suspension of sentence or withholding of adjudication' (943.13(4)).","sources":[{"url":"https://www.law.cornell.edu/regulations/texas/37-Tex-Admin-Code-SS-217-1","title":"37 Tex. Admin. Code 217.1","publisher":"Texas Commission on Law Enforcement rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.13.html","title":"Florida Statutes s. 943.13 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}]},{"statement":"Some misdemeanors are disqualifying too.","detail":"Texas: any Class A misdemeanor, a Class B misdemeanor within ten years, or any family-violence offense. Florida: misdemeanors involving perjury or a false statement. Pennsylvania: any offense carrying a possible sentence over one year. Federal: misdemeanor crimes of domestic violence.","sources":[{"url":"https://www.law.cornell.edu/regulations/texas/37-Tex-Admin-Code-SS-217-1","title":"37 Tex. Admin. Code 217.1","publisher":"Texas Commission on Law Enforcement rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.13.html","title":"Florida Statutes s. 943.13 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/pennsylvania/37-Pa-Code-SS-203-1","title":"37 Pa. Code 203.1 - Definitions","publisher":"Pennsylvania Municipal Police Officers' Education and Training Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/uscode/text/18/922","title":"18 U.S.C. 922","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"}]},{"statement":"Pending charges can stop you, and good-moral-character reviews can screen you out even if no rule names your offense.","detail":"Texas bars anyone currently charged with an offense that would be a bar (217.1(b)(5)). Florida (943.13(7)) and California (Government Code 1031(d), via 11 CCR 1953) require a good-moral-character background investigation, and Texas requires the hiring agency to complete one (217.1(b)(10)).","sources":[{"url":"https://www.law.cornell.edu/regulations/texas/37-Tex-Admin-Code-SS-217-1","title":"37 Tex. Admin. Code 217.1","publisher":"Texas Commission on Law Enforcement rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.13.html","title":"Florida Statutes s. 943.13 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/california/11-CCR-1953","title":"Cal. Code Regs. tit. 11, 1953 - Background Investigation","publisher":"California Commission on Peace Officer Standards and Training rule (via Cornell LII)","accessed":"2026-10-21"}]}],"waivers":[{"statement":"For the federal gun bans, an expungement, set-aside, pardon or restoration of civil rights can remove the bar unless it says otherwise.","detail":"18 U.S.C. 921(a)(20) and 921(a)(33)(B)(ii). This only addresses federal firearms law; it does not by itself satisfy a state POST rule, which may still count the offense.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/921","title":"18 U.S.C. 921 - Definitions","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"}]},{"statement":"Florida has one narrow exception for old false-statement misdemeanors.","detail":"Someone who pleaded no contest to a misdemeanor involving a false statement before December 1, 1985 and had the record sealed or expunged is not ineligible (943.13(4)). There is no comparable exception for felonies in the text read.","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.13.html","title":"Florida Statutes s. 943.13 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}]},{"statement":"Federal law provides an application to the Attorney General for relief from firearms disabilities.","detail":"18 U.S.C. 925(c) lets a barred person apply for relief, which may be granted if the Attorney General finds they are unlikely to act dangerously and relief is not contrary to the public interest, with court review of a denial. The Justice Department issued a 2026 final rule setting criteria (with presumptive disqualifiers, such as violent felonies) and its firearm rights restoration page lists a staged rollout: invited candidates from September 25, 2026 and the public from November 4, 2026. Restored federal gun rights do not change state POST disqualifications.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/925","title":"18 U.S.C. 925 - Exceptions: Relief from disabilities","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.justice.gov/ffrr","title":"Federal Firearm Rights Restoration","publisher":"U.S. Department of Justice","accessed":"2026-10-21"},{"url":"https://public-inspection.federalregister.gov/2026-16981.pdf","title":"Application for Relief from Disabilities Imposed by Federal Laws with Respect to ... Firearms (final rule, AG Order No. 7109-2026; Federal Register public inspection copy)","publisher":"U.S. Department of Justice / Office of the Federal Register","accessed":"2026-10-21"}]}],"steps":["Get your full criminal record and the final disposition of every case, including any probation, deferred adjudication or withheld adjudication.","Find your state's peace officer standards and training (POST) commission rules and read the minimum standards for certification; look for felony bars, misdemeanor bars, look-back periods and how they treat probation, expungement and pardons.","Check whether any conviction (including a domestic violence misdemeanor) makes you a prohibited person under federal firearms law, and whether an expungement, set-aside or pardon has removed it.","If you're barred, ask whether the agency has civilian or non-sworn roles your record doesn't affect, and confirm with the agency rather than assuming.","If your record might be cleared (expungement, set-aside, pardon), find out from the POST commission whether that clearance changes your eligibility in that state before investing in an academy.","Be fully honest on the personal history statement; background investigators verify everything, and false statements are themselves disqualifying in many states."],"state_variation":"mostly_state","state_detail":"Mostly state: each state's POST commission (or statute) sets the criminal-history standards for police certification, while federal firearms law (18 U.S.C. 922(g)) applies everywhere. Every state rule checked here bars felony convictions, but what else is disqualifying, and whether cleared records still count, differs. Check your state's POST standards.","state_examples":[{"state":"TX","statement":"TCOLE bars anyone ever convicted of, or on community supervision for, an offense above a Class B misdemeanor (all felonies and Class A misdemeanors), Class B offenses within ten years, and any family-violence offense, with no waiver in the rule.","source":{"url":"https://www.law.cornell.edu/regulations/texas/37-Tex-Admin-Code-SS-217-1","title":"37 Tex. Admin. Code 217.1 - Minimum Standards for Initial Licensure","publisher":"Texas Commission on Law Enforcement rule (via Cornell LII)","accessed":"2026-10-21"}},{"state":"FL","statement":"Florida bars anyone who pleaded guilty or no contest to, or was found guilty of, any felony or a perjury/false-statement misdemeanor, even if adjudication was withheld.","source":{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.13.html","title":"Florida Statutes s. 943.13 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}},{"state":"PA","statement":"Pennsylvania requires municipal police candidates to be free of convictions for any offense punishable by more than one year in prison.","source":{"url":"https://www.law.cornell.edu/regulations/pennsylvania/37-Pa-Code-SS-203-11","title":"37 Pa. Code 203.11 - Qualifications","publisher":"Pennsylvania Municipal Police Officers' Education and Training Commission rule (via Cornell LII)","accessed":"2026-10-21"}},{"state":"CA","statement":"California POST's minimum standards require peace officer candidates to be free from the disqualifications in Government Code 1029, including felony convictions, and to be of good moral character as determined by a thorough background investigation (Government Code 1031(d)).","source":{"url":"https://post.ca.gov/Peace-Officer-Candidate-Selection-Standards","title":"Peace Officer Candidate Selection Standards","publisher":"California Commission on Peace Officer Standards and Training (POST)","accessed":"2026-10-21"}}],"official_links":[{"name":"Texas TCOLE licensing standards (37 TAC 217.1)","url":"https://www.law.cornell.edu/regulations/texas/37-Tex-Admin-Code-SS-217-1","detail":"Texas peace officer minimum standards, including criminal history."},{"name":"Florida officer qualifications (s. 943.13)","url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.13.html","detail":"Florida's statutory minimums for officers."},{"name":"Federal firearm prohibitions (18 U.S.C. 922)","url":"https://www.law.cornell.edu/uscode/text/18/922","detail":"Who can't possess firearms under federal law."}],"related":[],"sources":[{"url":"https://www.law.cornell.edu/regulations/texas/37-Tex-Admin-Code-SS-217-1","title":"37 Tex. Admin. Code 217.1 - Minimum Standards for Initial Licensure","publisher":"Texas Commission on Law Enforcement rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.13.html","title":"Florida Statutes s. 943.13 - Officers' minimum qualifications for employment or appointment (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/pennsylvania/37-Pa-Code-SS-203-11","title":"37 Pa. Code 203.11 - Qualifications","publisher":"Pennsylvania Municipal Police Officers' Education and Training Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/pennsylvania/37-Pa-Code-SS-203-1","title":"37 Pa. Code 203.1 - Definitions","publisher":"Pennsylvania Municipal Police Officers' Education and Training Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/california/11-CCR-1953","title":"Cal. Code Regs. tit. 11, 1953 - Background Investigation","publisher":"California Commission on Peace Officer Standards and Training rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/uscode/text/18/922","title":"18 U.S.C. 922 - Unlawful acts","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/uscode/text/18/921","title":"18 U.S.C. 921 - Definitions","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/uscode/text/18/925","title":"18 U.S.C. 925 - Exceptions: Relief from disabilities","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://post.ca.gov/Peace-Officer-Candidate-Selection-Standards","title":"Peace Officer Candidate Selection Standards","publisher":"California Commission on Peace Officer Standards and Training (POST)","accessed":"2026-10-21"},{"url":"https://www.justice.gov/ffrr","title":"Federal Firearm Rights Restoration","publisher":"U.S. Department of Justice","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"federal-job","question":"Can you work for the federal government with a felony?","short_name":"Federal job","category":"government_job","answer":"usually_yes","answer_line":"Usually yes: a felony doesn't automatically bar most federal jobs, agencies generally can't ask about your record until after a conditional job offer, and OPM's own form says that in most cases you can still be considered, but a few crimes carry legal bars, and jobs needing a security clearance or a law enforcement badge screen much harder.","summary":"Most federal civilian jobs are covered by OPM's suitability rules (5 CFR part 731), which treat criminal conduct as one factor weighed case by case against the nature of the job, how serious and how recent the conduct was, your age at the time, contributing societal conditions and rehabilitation. Since December 20, 2021, the Fair Chance to Compete for Jobs Act has barred agencies from asking about criminal history before a conditional offer, except for jobs needing a clearance, sensitive or law enforcement positions and jobs where another law requires earlier checks; OPM's implementing rules took effect October 2, 2023. A handful of federal laws bar people convicted of specific crimes, such as treason, rebellion, advocating violent overthrow (5 years), felony riot offenses (5 years) and destroying public records in their custody. OPM rewrote parts of the suitability rules in 2025 and 2026: new factors took effect July 30, 2026, and since September 2, 2026 appeals of suitability actions go to OPM instead of the Merit Systems Protection Board.","rules":[{"id":"suitability-5-cfr-731-factors","statement":"For most federal jobs, OPM or the hiring agency decides whether you are 'suitable', and criminal conduct is one of the listed factors, not an automatic bar.","detail":"5 CFR 731.202(b), as revised effective July 30, 2026 (91 FR 39361), lists the only factors that can support an unsuitability finding: misconduct or negligence in employment; criminal conduct; material, intentional false statement or fraud in examination or appointment; dishonest conduct; failure to meet financial or civil legal obligations such as filing tax returns; excessive alcohol use without evidence of rehabilitation; illegal drug use without evidence of rehabilitation; knowingly and willfully acting to overthrow the government by force; violent conduct; and any legal bar to employment in the position. OPM's 2026 rule explains that the criminal conduct factor covers criminal behavior 'regardless of whether the conduct resulted in an arrest or conviction.' Excepted service jobs use the same factors as a minimum 'fitness' standard, and agencies may add job-related factors.","sources":[{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-B/section-731.202","title":"5 CFR 731.202: Criteria for making suitability and fitness determinations","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/06/30/2026-13154/suitability-and-fitness","title":"Suitability and Fitness (final rule, 91 FR 39361, effective July 30, 2026)","publisher":"Federal Register (U.S. Office of Personnel Management)","accessed":"2026-10-22"}]},{"id":"whole-person-additional-considerations","statement":"Adjudicators must consider the context when they find it pertinent: the job, how serious and how recent the conduct was, your age at the time, contributing societal conditions and rehabilitation.","detail":"5 CFR 731.202(c) requires OPM and agencies to consider the following to the extent OPM or the agency, 'in its sole discretion', deems them pertinent to the case: the nature of the position; the nature and seriousness of the conduct; the circumstances; the recency of the conduct; your age at the time; contributing societal conditions; and the absence or presence of rehabilitation or efforts toward rehabilitation. OPM's Declaration for Federal Employment (OF-306) tells applicants that 'the circumstances of each event you list will be considered' and that 'in most cases you can still be considered for Federal jobs.'","sources":[{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-B/section-731.202","title":"5 CFR 731.202: Criteria for making suitability and fitness determinations","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.opm.gov/forms/pdf_fill/of0306.pdf","title":"Optional Form 306: Declaration for Federal Employment (Revised October 2019)","publisher":"U.S. Office of Personnel Management","accessed":"2026-10-22"}]},{"id":"fair-chance-act-timing","statement":"Agencies may not ask about your criminal history until they have made you a conditional job offer, unless the job is exempt.","detail":"The Fair Chance to Compete for Jobs Act of 2019 (5 U.S.C. 9201-9206, enacted December 20, 2019 in the FY2020 National Defense Authorization Act) bars agency employees from asking applicants for criminal history information, orally, in writing, on the OF-306 or through USAJOBS, before a conditional offer. Section 9202 took effect December 20, 2021, two years after enactment. OPM's rules (5 CFR parts 920 and 754, 88 FR 60317, effective October 2, 2023) apply this to competitive, excepted and Senior Executive Service positions and require agencies to state the rule in job announcements. Exceptions: positions where another law requires an earlier check, positions requiring eligibility for classified information or designated sensitive, dual-status military technician positions, federal law enforcement officer positions and political appointments. 'Criminal history record information' here includes sealed and expunged records and juvenile records. The Act controls when an agency may ask, not whether the record can be considered after the offer.","sources":[{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title5/html/USCODE-2023-title5-partIII-subpartH-chap92.htm","title":"5 U.S.C. chapter 92: Prohibition on Criminal History Inquiries Prior to Conditional Offer (with effective date note)","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-920","title":"5 CFR part 920: Timing of Criminal History Inquiries","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2023/09/01/2023-18242/fair-chance-to-compete-for-jobs","title":"Fair Chance To Compete for Jobs (final rule, 88 FR 60317, effective October 2, 2023)","publisher":"Federal Register (U.S. Office of Personnel Management)","accessed":"2026-10-22"}]},{"id":"of-306-what-you-report","statement":"After the offer, the OF-306 asks about convictions, imprisonment, probation or parole in the last 7 years and any pending charges, and lets you leave out expunged convictions and most juvenile matters.","detail":"OF-306 (revised October 2019) questions 9-11: in the last 7 years, have you been convicted, imprisoned, or on probation or parole (felonies, firearms or explosives violations, misdemeanors and other offenses); any military court-martial conviction in the last 7 years; and whether you are currently under charges. Include no-contest pleas; omit traffic fines of $300 or less, offenses before age 16, offenses before 18 decided in juvenile court or under a youth offender law, convictions set aside under the Federal Youth Corrections Act or similar state law, and convictions whose record was expunged under federal or state law. Jobs needing a clearance use the SF-86 instead, which asks more and requires most expunged records to be reported (see the security clearance page). In 2026 OPM asked to renew the OF-306 without change and said most agencies collect it through USA Staffing.","sources":[{"url":"https://www.federalregister.gov/documents/2026/08/04/2026-15741/submission-for-review-renewal-of-an-existing-information-collection-optional-form-306-declaration","title":"Submission for Review: Renewal of an Existing Information Collection, Optional Form 306 (91 FR 49458, August 4, 2026)","publisher":"Federal Register (U.S. Office of Personnel Management)","accessed":"2026-10-22"},{"url":"https://www.opm.gov/forms/pdf_fill/of0306.pdf","title":"Optional Form 306: Declaration for Federal Employment (Revised October 2019)","publisher":"U.S. Office of Personnel Management","accessed":"2026-10-22"}]},{"id":"statutory-bars-specific-crimes","statement":"A few federal laws bar people convicted of specific crimes from federal employment or office, some permanently and some for 5 years.","detail":"Examples: treason (18 U.S.C. 2381) and rebellion or insurrection (18 U.S.C. 2383): 'incapable of holding any office under the United States.' Advocating overthrow of the government by force (18 U.S.C. 2385) and urging insubordination, disloyalty or mutiny in the armed forces (18 U.S.C. 2387): ineligible for federal employment for the 5 years after conviction. A felony conviction (an offense punishable by more than a year) in any federal, state or local court for inciting, organizing or participating in a riot or civil disorder (5 U.S.C. 7313): ineligible for any federal or D.C. government position for 5 years after the conviction becomes final. A custodian who willfully destroys or falsifies public records in their custody (18 U.S.C. 2071(b)): forfeits the office and is disqualified from holding any federal office. For bribery of public officials or witnesses, the court 'may' also disqualify the person from holding federal office (18 U.S.C. 201(b)). Separately, 5 U.S.C. 7311 bars anyone who advocates overthrow of the constitutional form of government, knowingly belongs to an organization that does, or strikes against the government, from holding a federal position. A legal bar is itself a suitability factor (5 CFR 731.202(b)(10)). This list is not exhaustive; other laws (for example on firearms for armed positions) can matter for particular jobs.","sources":[{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap115-sec2385.htm","title":"18 U.S.C. 2385: Advocating overthrow of Government","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap115-sec2381.htm","title":"18 U.S.C. 2381: Treason","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap115-sec2383.htm","title":"18 U.S.C. 2383: Rebellion or insurrection","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title5/html/USCODE-2023-title5-partIII-subpartF-chap73-subchapII-sec7313.htm","title":"5 U.S.C. 7313: Riots and civil disorders","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap101-sec2071.htm","title":"18 U.S.C. 2071: Concealment, removal, or mutilation generally","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title5/html/USCODE-2023-title5-partIII-subpartF-chap73-subchapII-sec7311.htm","title":"5 U.S.C. 7311: Loyalty and striking","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap115-sec2387.htm","title":"18 U.S.C. 2387: Activities affecting armed forces generally","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap11-sec201.htm","title":"18 U.S.C. 201: Bribery of public officials and witnesses","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"}]},{"id":"clearance-and-law-enforcement-jobs","statement":"Jobs that need a security clearance, are designated sensitive, or are federal law enforcement positions can check your record before an offer and apply stricter standards.","detail":"These positions are excepted from the Fair Chance Act's timing rule (5 U.S.C. 9202(c); 5 CFR 920.201(b)). Clearance decisions follow the national security adjudicative guidelines and the Bond Amendment rather than the suitability rules alone; see the security clearance page.","sources":[{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-920","title":"5 CFR part 920: Timing of Criminal History Inquiries","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title5/html/USCODE-2023-title5-partIII-subpartH-chap92.htm","title":"5 U.S.C. chapter 92: Prohibition on Criminal History Inquiries Prior to Conditional Offer","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"}]}],"barriers":[{"statement":"Leaving something off the OF-306 can cost you the job even when the record itself wouldn't.","detail":"A 'material, intentional false statement, or deception or fraud, in examination or appointment' is its own suitability factor that only OPM may act on (5 CFR 731.202(b)(3)), and the OF-306 warns that false answers can be grounds for not hiring you or for firing you later.","sources":[{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-B/section-731.202","title":"5 CFR 731.202: Criteria for making suitability and fitness determinations","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.opm.gov/forms/pdf_fill/of0306.pdf","title":"Optional Form 306: Declaration for Federal Employment (Revised October 2019)","publisher":"U.S. Office of Personnel Management","accessed":"2026-10-22"}]},{"statement":"An unsuitability finding can bar you from that agency or from federal jobs for up to 3 years.","detail":"Suitability actions include cancellation of eligibility, removal, cancellation of reinstatement eligibility and debarment (5 CFR 731.101, 731.203). An agency may debar an unsuitable applicant or appointee from all or specific positions at that agency for up to 3 years from the determination (5 CFR 731.205), and OPM may debar a person from the whole competitive service and career Senior Executive Service for up to 3 calendar years (5 CFR 731.204). OPM or the agency may impose a further period of debarment later, but only after the person applies again and a new suitability determination is made (731.204(b), 731.205(b)). Unfavorable actions are reported to OPM's Central Verification System within 30 days (731.203(h)).","sources":[{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-B/section-731.205","title":"5 CFR 731.205: Debarment by agencies","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-B/section-731.203","title":"5 CFR 731.203: Suitability actions by OPM and other agencies","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"Simply not being selected is not a 'suitability action', so it can't be appealed under these rules.","detail":"5 CFR 731.203(c): a non-selection, or an objection or pass-over under 5 CFR 332.406, is not a suitability action even if it rests on the same reasons.","sources":[{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-B/section-731.203","title":"5 CFR 731.203: Suitability actions by OPM and other agencies","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"Since July 30, 2026, conduct after you are hired can also lead to a suitability action and removal.","detail":"OPM's 2026 final rule (91 FR 39361), issued under Executive Order 14210 and a March 20, 2025 presidential memorandum, lets OPM take suitability actions against appointees and competitive service or career SES employees for post-appointment conduct, but only on a proper referral from the head of the employing agency or a designee (5 CFR 731.105(b), (d)); agencies may not take suitability actions against employees themselves (731.105(e)). The rule explains that this lets a suitability action follow when continuous vetting turns up information showing an employee is no longer suitable.","sources":[{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-A/section-731.105","title":"5 CFR 731.105: Authority to take suitability actions in cases involving the competitive service or career Senior Executive Service","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/06/30/2026-13154/suitability-and-fitness","title":"Suitability and Fitness (final rule, 91 FR 39361, effective July 30, 2026)","publisher":"Federal Register (U.S. Office of Personnel Management)","accessed":"2026-10-22"}]}],"waivers":[{"statement":"Before a suitability action, you get written notice of the charges, a chance to see the materials and at least 30 days to respond in writing.","detail":"5 CFR 731.302-731.303 (when OPM acts) and 731.402-731.404 (when an agency acts): written notice of the proposed action, the charges and specific reasons, served at least 30 days before the action takes effect; the right to review the materials relied on, on request; the right to a representative; 30 days to answer in writing with documents or affidavits; and a written, dated decision that gives the reasons and says how to appeal. An appeal can challenge a failure to give these protections (731.501(c)(2)). Use the response to show the 731.202(c) factors: time passed, your age then, circumstances and rehabilitation.","sources":[{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-D","title":"5 CFR part 731, subpart D: Agency Suitability Action Procedures for the Competitive Service or Career Senior Executive Service (731.402-731.404)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-C","title":"5 CFR part 731, subpart C: OPM Suitability Action Procedures for the Competitive Service or Senior Executive Service (731.302-731.304)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-E/section-731.501","title":"5 CFR 731.501: Right to appeal","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"You can appeal a suitability action, now to OPM rather than the Merit Systems Protection Board.","detail":"OPM's final rule 'Suitability Action Appeals' (91 FR 49034, August 3, 2026) made OPM the appeal body for suitability actions under part 731, effective September 2, 2026; appeals already filed with the MSPB before then are not affected. File within 30 calendar days of the action's effective date (for an applicant, the date on the notice of final action, plus 10 days if it was mailed) through OPM's electronic filing system (5 CFR 731.502). If you contest the unsuitability finding, the agency must prove its charges by a preponderance of the evidence (731.501(b)). An OPM adjudicator issues an initial decision; either side may ask OPM to reconsider within 30 calendar days, and it otherwise becomes final 30 days after issuance (731.507, 731.509). The new rules say there is no further appeal of OPM's final decision and no court review (731.501(e), 731.509(e)), though complaints within the separate jurisdiction of bodies such as the EEOC or the Office of Special Counsel remain open.","sources":[{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-E","title":"5 CFR part 731, subpart E: Suitability Action Appeals (731.501-731.509)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/08/03/2026-15650/suitability-action-appeals","title":"Suitability Action Appeals (final rule, 91 FR 49034, effective September 2, 2026)","publisher":"Federal Register (U.S. Office of Personnel Management)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-E/section-731.501","title":"5 CFR 731.501: Right to appeal","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"If an agency asks about your record before a conditional offer for a covered job, you can file a complaint within 30 days.","detail":"5 CFR 754.102: each agency must run a complaint process; complaints are due within 30 calendar days of the violation (extendable, for example if you weren't told the deadline). Employees who violate the Fair Chance Act face a written warning for a first violation and suspensions and civil penalties for repeat violations (5 U.S.C. 9204).","sources":[{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-754","title":"5 CFR part 754: Complaint Procedures, Adverse Actions, and Appeals for Criminal History Inquiries Prior to Conditional Offer","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title5/html/USCODE-2023-title5-partIII-subpartH-chap92.htm","title":"5 U.S.C. chapter 92 (section 9204: adverse action)","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"}]}],"steps":["Check whether any conviction falls under a specific legal bar (such as treason, rebellion, advocating overthrow, urging mutiny in the armed forces, felony riot offenses, destroying public records in your custody, or a court-ordered disqualification for bribery) and, for the 5-year bars, when the period ends.","Read the job announcement: if the job needs a security clearance, is designated sensitive or is a law enforcement position, the agency may ask earlier and screen more strictly; otherwise it shouldn't ask before a conditional offer.","Get your state and FBI records and court dispositions so your OF-306 answers match what the background check shows; note which convictions fall inside 7 years and which were expunged.","After a conditional offer, answer the OF-306 exactly as asked and use item 16 to explain each event and what has changed since.","Prepare rehabilitation evidence keyed to 5 CFR 731.202(c): time since the offense, your age then, completed sentence and supervision, treatment or programs, education, work history and references.","If you get a notice of proposed suitability action, respond in writing within the deadline (at least 30 days) and ask to see the materials relied on.","If a suitability action is taken, appeal to OPM through its electronic filing system within 30 calendar days of the action's effective date; if an agency asked about your record too early, file a complaint with that agency within 30 days."],"state_variation":"none","state_detail":"Federal hiring follows federal law and OPM rules everywhere. State law matters only for how your case ended (for example whether it was a felony, set aside or expunged), which affects how you answer the OF-306.","state_examples":[],"official_links":[{"name":"5 CFR part 731 (eCFR)","url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731","detail":"OPM's suitability and fitness rules, including the 2026 changes."},{"name":"5 CFR part 920 (eCFR)","url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-920","detail":"Fair Chance Act rules on when agencies may ask about criminal history."},{"name":"OF-306 Declaration for Federal Employment","url":"https://www.opm.gov/forms/pdf_fill/of0306.pdf","detail":"The questions you answer after a conditional offer."}],"related":["security-clearance","military","police-officer"],"sources":[{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-B/section-731.202","title":"5 CFR 731.202: Criteria for making suitability and fitness determinations","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-B/section-731.203","title":"5 CFR 731.203: Suitability actions by OPM and other agencies","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-B/section-731.205","title":"5 CFR 731.205: Debarment by agencies","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-E/section-731.501","title":"5 CFR 731.501: Right to appeal","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-920","title":"5 CFR part 920: Timing of Criminal History Inquiries","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-754","title":"5 CFR part 754: Complaint Procedures, Adverse Actions, and Appeals for Criminal History Inquiries Prior to Conditional Offer","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/06/30/2026-13154/suitability-and-fitness","title":"Suitability and Fitness (final rule, 91 FR 39361)","publisher":"Federal Register (U.S. Office of Personnel Management)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/08/03/2026-15650/suitability-action-appeals","title":"Suitability Action Appeals (final rule, 91 FR 49034)","publisher":"Federal Register (U.S. Office of Personnel Management)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2024/12/18/2024-29799/suitability-and-fitness","title":"Suitability and Fitness (final rule, 89 FR 102675, effective January 17, 2025)","publisher":"Federal Register (U.S. Office of Personnel Management)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2023/09/01/2023-18242/fair-chance-to-compete-for-jobs","title":"Fair Chance To Compete for Jobs (final rule, 88 FR 60317)","publisher":"Federal Register (U.S. Office of Personnel Management)","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title5/html/USCODE-2023-title5-partIII-subpartH-chap92.htm","title":"5 U.S.C. chapter 92: Prohibition on Criminal History Inquiries Prior to Conditional Offer","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.opm.gov/forms/pdf_fill/of0306.pdf","title":"Optional Form 306: Declaration for Federal Employment (Revised October 2019)","publisher":"U.S. Office of Personnel Management","accessed":"2026-10-22"},{"url":"https://www.opm.gov/chcoc/transmittals/2024/FCA%20Implementation%20Guidance%20April%2025%202024.pdf","title":"Fair Chance Act Implementation Guidance (April 25, 2024)","publisher":"U.S. Office of Personnel Management (Chief Human Capital Officers Council transmittal)","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap115-sec2385.htm","title":"18 U.S.C. 2385: Advocating overthrow of Government","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title5/html/USCODE-2023-title5-partIII-subpartF-chap73-subchapII-sec7313.htm","title":"5 U.S.C. 7313: Riots and civil disorders","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/08/04/2026-15741/submission-for-review-renewal-of-an-existing-information-collection-optional-form-306-declaration","title":"Submission for Review: Renewal of an Existing Information Collection, Optional Form 306 (91 FR 49458, August 4, 2026)","publisher":"Federal Register (U.S. Office of Personnel Management)","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap115-sec2381.htm","title":"18 U.S.C. 2381: Treason","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap115-sec2383.htm","title":"18 U.S.C. 2383: Rebellion or insurrection","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap101-sec2071.htm","title":"18 U.S.C. 2071: Concealment, removal, or mutilation generally","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title5/html/USCODE-2023-title5-partIII-subpartF-chap73-subchapII-sec7311.htm","title":"5 U.S.C. 7311: Loyalty and striking","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap115-sec2387.htm","title":"18 U.S.C. 2387: Activities affecting armed forces generally","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.govinfo.gov/content/pkg/USCODE-2023-title18/html/USCODE-2023-title18-partI-chap11-sec201.htm","title":"18 U.S.C. 201: Bribery of public officials and witnesses","publisher":"U.S. Government Publishing Office (govinfo), United States Code 2023 edition","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-A/section-731.105","title":"5 CFR 731.105: Authority to take suitability actions in cases involving the competitive service or career Senior Executive Service","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-D","title":"5 CFR part 731, subpart D: Agency Suitability Action Procedures for the Competitive Service or Career Senior Executive Service (731.402-731.404)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-C","title":"5 CFR part 731, subpart C: OPM Suitability Action Procedures for the Competitive Service or Senior Executive Service (731.302-731.304)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-731/subpart-E","title":"5 CFR part 731, subpart E: Suitability Action Appeals (731.501-731.509)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"security-clearance","question":"Can you get a security clearance with a felony?","short_name":"Security clearance","category":"government_job","answer":"depends","answer_line":"It depends: a felony doesn't automatically disqualify you, because adjudicators weigh criminal conduct case by case under the 'whole-person' guidelines, but being on probation or parole counts against you, current illegal drug use is an absolute bar, and a conviction with a prison sentence of more than a year, of which you actually served at least a year, blocks the highest-level access (SCI, special access programs, Restricted Data) unless the agency grants a waiver.","summary":"Every executive branch agency decides clearance eligibility under the same National Security Adjudicative Guidelines (Security Executive Agent Directive 4, effective June 8, 2017). Criminal conduct (Guideline J) is a concern whether or not you were charged or convicted, and being on parole or probation, violating it, or not finishing court-ordered rehabilitation are listed concerns; mitigating factors include the passage of time, unusual circumstances and evidence of rehabilitation such as restitution, education and a good work record. A federal law, the Bond Amendment (50 U.S.C. 3343), bars granting any clearance to a current unlawful drug user or addict with no waiver, and bars access to SCI, special access programs and Restricted Data for anyone convicted and sentenced to more than a year who actually served at least a year, unless the agency grants a meritorious waiver. Deliberately lying on or leaving a conviction off the SF-86 is itself a serious concern and can be a federal crime, and most sealed or expunged records still have to be reported.","rules":[{"id":"sead-4-whole-person","statement":"Clearances are decided case by case under one government-wide set of guidelines, weighing your whole life, past and present, favorable and unfavorable.","detail":"SEAD 4, Appendix A, paragraph 2: the 'whole-person concept' requires weighing all available, reliable information. Adjudicators consider the nature, extent and seriousness of the conduct; the circumstances; how often and how recently it happened; your age and maturity at the time; whether it was voluntary; rehabilitation and other permanent behavioral changes; motivation; potential for pressure or coercion; and the likelihood of recurrence. Each case is judged on its own merits, but 'any doubt' is resolved in favor of national security, and a single serious issue can be enough for denial. If concerns can be managed, an adjudicator may approve with a warning or with an exception (a waiver, conditions such as extra monitoring, or a deviation) under Appendix C. DCSA, whose adjudications office decides eligibility for Defense Department military, civilian and contractor personnel (and whose investigators run about 95% of federal background investigations), says it decides eligibility under SEAD 4.","sources":[{"url":"https://www.energy.gov/sites/prod/files/2018/02/f48/SEAD4_20170608.pdf","title":"Security Executive Agent Directive 4: National Security Adjudicative Guidelines (effective June 8, 2017), Appendix A para. 2 and Appendix C","publisher":"Office of the Director of National Intelligence (copy posted by the U.S. Department of Energy)","accessed":"2026-10-22"},{"url":"https://www.dcsa.mil/Trust-Decision-Adjudications/FAQS-Trust-Decision-Adjudications/","title":"FAQS - Trust Decision (Adjudications)","publisher":"Defense Counterintelligence and Security Agency","accessed":"2026-10-22"}]},{"id":"guideline-j-criminal-conduct","statement":"Under the criminal conduct guideline, a record is a concern, not an automatic bar: the conduct can count even without a conviction, and being on probation or parole is a listed concern.","detail":"SEAD 4 Guideline J, paragraph 31, lists conditions that 'could raise a security concern and may be disqualifying': a pattern of minor offenses; evidence of criminal conduct (including a credible allegation, an admission or official records) 'regardless of whether the individual was formally charged, prosecuted, or convicted'; currently being on parole or probation; violating or having parole or probation revoked, or failing to complete a court-ordered rehabilitation program; and discharge from the Armed Forces for reasons less than 'Honorable.' There is no list of felonies that automatically disqualify you under this guideline.","sources":[{"url":"https://www.energy.gov/sites/prod/files/2018/02/f48/SEAD4_20170608.pdf","title":"Security Executive Agent Directive 4, Guideline J: Criminal Conduct (paras. 30-32)","publisher":"Office of the Director of National Intelligence (copy posted by the U.S. Department of Energy)","accessed":"2026-10-22"}]},{"id":"guideline-j-mitigation","statement":"Time, unusual circumstances and rehabilitation can mitigate a criminal record.","detail":"SEAD 4 Guideline J, paragraph 32: so much time has passed, or the conduct happened under such unusual circumstances, that it is unlikely to recur and doesn't cast doubt on your reliability, trustworthiness or judgment; you were pressured or coerced and those pressures are gone; there is no reliable evidence you committed the offense; or there is evidence of successful rehabilitation, including the passage of time without new criminal activity, restitution, compliance with parole or probation, job training or higher education, a good employment record, or constructive community involvement.","sources":[{"url":"https://www.energy.gov/sites/prod/files/2018/02/f48/SEAD4_20170608.pdf","title":"Security Executive Agent Directive 4, Guideline J: Criminal Conduct (para. 32)","publisher":"Office of the Director of National Intelligence (copy posted by the U.S. Department of Energy)","accessed":"2026-10-22"}]},{"id":"bond-amendment-drug-user-bar","statement":"Federal law bars granting or renewing any clearance for a current unlawful user of a controlled substance or an addict, with no waiver.","detail":"50 U.S.C. 3343(b). SEAD 4 Appendix B says a meritorious waiver may not be authorized for this prohibition and applies the Bond Amendment's restrictions to all national security eligibility decisions, including sensitive positions. The bar is about current use or addiction, not a past drug conviction; past drug involvement is weighed under Guideline H, where mitigating factors include the passage of time, an established pattern of abstinence and a signed statement of intent to abstain. ODNI's December 2021 guidance says prior recreational marijuana use is 'relevant but not determinative' and encourages agencies to tell applicants to stop any marijuana use once the vetting process starts, which is when they sign the SF-86. That guidance predates the Justice Department's April 28, 2026 rule moving FDA-approved marijuana drug products and marijuana covered by a state medical marijuana license to Schedule III (91 FR 22714); marijuana is still a controlled substance, and no newer clearance guidance on marijuana was found, so ask your security officer before relying on that change.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/50/3343","title":"50 U.S.C. 3343: Security clearances; limitations (Bond Amendment)","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.energy.gov/sites/prod/files/2018/02/f48/SEAD4_20170608.pdf","title":"Security Executive Agent Directive 4, Guideline H and Appendix B (Bond Amendment Guidance)","publisher":"Office of the Director of National Intelligence (copy posted by the U.S. Department of Energy)","accessed":"2026-10-22"},{"url":"https://archive.dni.gov/files/NCSC/documents/Regulations/12-21-21_Memo_SecEA_Clarifying_Guidance_re_Marijuana_21-01529_U_SIGNED-FINAL.pdf","title":"Security Executive Agent Clarifying Guidance Concerning Marijuana (December 21, 2021)","publisher":"Office of the Director of National Intelligence","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/04/28/2026-08176/schedules-of-controlled-substances-rescheduling-of-food-and-drug-administration-approved-products","title":"Schedules of Controlled Substances: Rescheduling of FDA Approved Products Containing Marijuana From Schedule I to Schedule III (final rule, 91 FR 22714, effective April 28, 2026)","publisher":"Federal Register (U.S. Department of Justice, Drug Enforcement Administration)","accessed":"2026-10-22"}]},{"id":"bond-amendment-one-year-served","statement":"If you were convicted, sentenced to more than a year and actually incarcerated for at least a year, you can't get access to SCI, special access programs or Restricted Data unless the agency grants a meritorious waiver.","detail":"50 U.S.C. 3343(c)(1)(A) and (c)(3), effective January 1, 2008: the disqualification covers a person 'convicted in any court of the United States of a crime', sentenced to imprisonment for a term exceeding 1 year, and incarcerated as a result for not less than 1 year. The same subsection covers dishonorable discharge or dismissal from the Armed Forces and a determination of mental incompetence. It does not bar a Secret or Top Secret clearance without SCI, SAP or Restricted Data access, and all three parts must be true: a felony with probation, or a long sentence with less than a year served, doesn't trigger it. The SF-86 asks about exactly these three facts and tells applicants to include qualifying convictions from federal, state, local or military courts, so a state conviction counts. Agencies must report waivers to Congress each year (3343(c)(4)).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/50/3343","title":"50 U.S.C. 3343: Security clearances; limitations (Bond Amendment)","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.energy.gov/sites/prod/files/2018/02/f48/SEAD4_20170608.pdf","title":"Security Executive Agent Directive 4, Appendix B: Bond Amendment Guidance","publisher":"Office of the Director of National Intelligence (copy posted by the U.S. Department of Energy)","accessed":"2026-10-22"},{"url":"https://www.opm.gov/forms/pdf_fill/sf86.pdf","title":"Standard Form 86: Questionnaire for National Security Positions (Revised November 2016), Section 22.2","publisher":"U.S. Office of Personnel Management","accessed":"2026-10-22"}]},{"id":"sf-86-what-you-must-report","statement":"The SF-86 asks about arrests, charges and convictions in the last 7 years and about some offenses ever, including any felony charge, and you must report records that were sealed or expunged.","detail":"SF-86 (revised November 2016), Section 22: in the last 7 years, any summons or citation in a criminal case (except traffic fines under $300 not involving alcohol or drugs), any arrest, any charge, conviction or sentence, probation or parole, or pending charges; and ever: a conviction with a sentence over 1 year and at least 1 year served, any felony charge, a domestic violence conviction, and any firearms, explosives, alcohol or drug charge. The form says to report information 'regardless of whether the record in your case has been sealed, expunged, or otherwise stricken from the court record, or the charge was dismissed', except federal drug convictions expunged under 21 U.S.C. 844 or 18 U.S.C. 3607. DCSA still lists the SF-86 as the standard form for national security investigations; it is usually filled out online in the NBIS eApp, which skips questions that don't apply to you. In July 2026 OPM asked to renew the SF-86 without change and said it plans to replace it with a Personnel Vetting Questionnaire that is approved and in development; OPM also says that for civilian federal job applicants the SF-86 is used only after a conditional job offer.","sources":[{"url":"https://www.federalregister.gov/documents/2026/07/09/2026-13868/submission-for-renewal-questionnaire-for-national-security-positions-standard-form-86-sf-86","title":"Submission for Renewal: Questionnaire for National Security Positions, Standard Form 86 (91 FR 42565, July 9, 2026)","publisher":"Federal Register (U.S. Office of Personnel Management)","accessed":"2026-10-22"},{"url":"https://www.opm.gov/forms/pdf_fill/sf86.pdf","title":"Standard Form 86: Questionnaire for National Security Positions (Revised November 2016), Section 22","publisher":"U.S. Office of Personnel Management","accessed":"2026-10-22"},{"url":"https://www.dcsa.mil/Personnel-Vetting/Background-Investigations-for-Applicants/Help-Filling-Out-Forms/","title":"Help Filling Out Forms","publisher":"Defense Counterintelligence and Security Agency","accessed":"2026-10-22"}]},{"id":"honesty-guideline-e","statement":"Leaving a conviction off the form, or lying to an investigator, can sink a clearance faster than the record itself.","detail":"SEAD 4 Guideline E (Personal Conduct): deliberately omitting, concealing or falsifying relevant facts on a security questionnaire is a disqualifying condition, and refusing to give full, frank and truthful answers 'will normally result in an unfavorable' determination. The SF-86 warns that knowingly falsifying or concealing a material fact is a felony under 18 U.S.C. 1001, punishable by fines and up to five years in prison.","sources":[{"url":"https://www.energy.gov/sites/prod/files/2018/02/f48/SEAD4_20170608.pdf","title":"Security Executive Agent Directive 4, Guideline E: Personal Conduct (paras. 15-16)","publisher":"Office of the Director of National Intelligence (copy posted by the U.S. Department of Energy)","accessed":"2026-10-22"},{"url":"https://www.opm.gov/forms/pdf_fill/sf86.pdf","title":"Standard Form 86: Questionnaire for National Security Positions (Revised November 2016)","publisher":"U.S. Office of Personnel Management","accessed":"2026-10-22"}]}],"barriers":[{"statement":"Being on probation or parole, or a recent violation, weighs heavily against you.","detail":"SEAD 4 Guideline J lists current parole or probation, and violation or revocation of either, as conditions that may be disqualifying, while compliance with parole or probation is listed as evidence of rehabilitation.","sources":[{"url":"https://www.energy.gov/sites/prod/files/2018/02/f48/SEAD4_20170608.pdf","title":"Security Executive Agent Directive 4, Guideline J: Criminal Conduct","publisher":"Office of the Director of National Intelligence (copy posted by the U.S. Department of Energy)","accessed":"2026-10-22"}]},{"statement":"You can't apply for a clearance on your own; an employer has to sponsor you for a job that needs one.","detail":"DCSA: individuals cannot submit clearance applications on their own behalf; only the employing organization can decide a position needs access and start the process. Some agencies add requirements for SCI or special access programs, such as a polygraph.","sources":[{"url":"https://www.dcsa.mil/Trust-Decision-Adjudications/FAQS-Trust-Decision-Adjudications/","title":"FAQS - Trust Decision (Adjudications)","publisher":"Defense Counterintelligence and Security Agency","accessed":"2026-10-22"}]},{"statement":"Cleared people are checked continuously, so new arrests or conduct can surface after you get a clearance.","detail":"DCSA describes continuous evaluation and continuous vetting as automated record checks of people who already hold eligibility or sensitive positions. SEAD 4 says adjudicators consider whether a cleared person voluntarily reported new information.","sources":[{"url":"https://www.dcsa.mil/Trust-Decision-Adjudications/FAQS-Trust-Decision-Adjudications/","title":"FAQS - Trust Decision (Adjudications)","publisher":"Defense Counterintelligence and Security Agency","accessed":"2026-10-22"},{"url":"https://www.energy.gov/sites/prod/files/2018/02/f48/SEAD4_20170608.pdf","title":"Security Executive Agent Directive 4, Appendix A para. 2(f)","publisher":"Office of the Director of National Intelligence (copy posted by the U.S. Department of Energy)","accessed":"2026-10-22"}]}],"waivers":[{"statement":"The one-year-served disqualification for SCI, special access programs and Restricted Data can be waived in a meritorious case.","detail":"50 U.S.C. 3343(c)(2) allows an exception if there are mitigating factors. SEAD 4 Appendix B: adjudicators first apply the normal mitigating conditions, and if they would have decided favorably 'but for' the Bond Amendment, a meritorious waiver may be appropriate; it is recorded as a 'Waiver' with a detailed justification. The current drug user or addict prohibition can't be waived.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/50/3343","title":"50 U.S.C. 3343: Security clearances; limitations (Bond Amendment)","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.energy.gov/sites/prod/files/2018/02/f48/SEAD4_20170608.pdf","title":"Security Executive Agent Directive 4, Appendix B: Bond Amendment Guidance","publisher":"Office of the Director of National Intelligence (copy posted by the U.S. Department of Energy)","accessed":"2026-10-22"}]},{"statement":"If you are denied or revoked, you can respond and appeal.","detail":"SEAD 4 requires at least the review proceedings in Executive Order 12968, Part 5. DCSA says Defense Department civilians and military members can appeal in writing to their component's Personnel Security Appeals Board or ask for a personal appearance before the Defense Office of Hearings and Appeals (DOHA), and contractor employees appeal to DOHA. After a final denial, the employer (not the individual) can ask for reconsideration or a new investigation no sooner than one year later, with proof the problem has been fixed or mitigated.","sources":[{"url":"https://www.dcsa.mil/Trust-Decision-Adjudications/FAQS-Trust-Decision-Adjudications/","title":"FAQS - Trust Decision (Adjudications)","publisher":"Defense Counterintelligence and Security Agency","accessed":"2026-10-22"},{"url":"https://www.energy.gov/sites/prod/files/2018/02/f48/SEAD4_20170608.pdf","title":"Security Executive Agent Directive 4, section E.6","publisher":"Office of the Director of National Intelligence (copy posted by the U.S. Department of Energy)","accessed":"2026-10-22"}]},{"statement":"A conditional approval is possible when concerns are only partly mitigated.","detail":"SEAD 4 Appendix C 'Condition' exceptions grant eligibility with added security measures such as extra monitoring, access restrictions, periodic financial statements or counseling.","sources":[{"url":"https://www.energy.gov/sites/prod/files/2018/02/f48/SEAD4_20170608.pdf","title":"Security Executive Agent Directive 4, Appendix C: Exceptions","publisher":"Office of the Director of National Intelligence (copy posted by the U.S. Department of Energy)","accessed":"2026-10-22"}]}],"steps":["Get your full record (state and FBI) and certified court dispositions for every arrest and charge, including dismissed, sealed and expunged cases, so your SF-86 matches what investigators will find.","Check the Bond Amendment facts for each conviction: were you sentenced to more than a year, and did you actually serve at least a year? If so, jobs needing SCI, special access programs or Restricted Data will require a waiver.","If you are on probation or parole, expect that to weigh against you, and keep proof that you are complying with every condition.","Stop any illegal drug use, including marijuana use that federal law doesn't allow even if your state does, well before and throughout the process; current unlawful use is an absolute bar.","List everything the SF-86 asks for, exactly as asked, and use the comment boxes to explain what happened and what has changed.","Gather rehabilitation evidence: proof the sentence, probation and restitution are done, treatment or program completion, degrees or training, work history and references.","Be candid in the subject interview. If you get a Statement of Reasons or denial, respond by the deadline with documents, and use the appeal route your agency or DOHA offers."],"state_variation":"none","state_detail":"Clearances are federal and follow one national standard (SEAD 4 and the Bond Amendment). State law matters only for how your case ended (for example whether it was a felony, dismissed or expunged), and the SF-86 still requires you to report most sealed or expunged records.","state_examples":[],"official_links":[{"name":"SEAD 4: National Security Adjudicative Guidelines","url":"https://archive.dni.gov/files/NCSC/documents/Regulations/SEAD-4-Adjudicative-Guidelines-U.pdf","detail":"ODNI's copy on its archived website (scanned PDF); a text copy is posted by DOE."},{"name":"DCSA: security clearance FAQs","url":"https://www.dcsa.mil/Trust-Decision-Adjudications/FAQS-Trust-Decision-Adjudications/","detail":"How adjudications, appeals and reconsideration work at DCSA."},{"name":"SF-86 (OPM)","url":"https://www.opm.gov/forms/pdf_fill/sf86.pdf","detail":"See Section 22 (Police Record) for exactly what you must report."},{"name":"50 U.S.C. 3343 (Bond Amendment)","url":"https://www.law.cornell.edu/uscode/text/50/3343","detail":"The statutory drug-user bar and the one-year-served disqualification."}],"related":["federal-job","military"],"sources":[{"url":"https://www.energy.gov/sites/prod/files/2018/02/f48/SEAD4_20170608.pdf","title":"Security Executive Agent Directive 4: National Security Adjudicative Guidelines (effective June 8, 2017)","publisher":"Office of the Director of National Intelligence (copy posted by the U.S. Department of Energy)","accessed":"2026-10-22"},{"url":"https://archive.dni.gov/files/NCSC/documents/Regulations/SEAD-4-Adjudicative-Guidelines-U.pdf","title":"Security Executive Agent Directive 4: National Security Adjudicative Guidelines","publisher":"Office of the Director of National Intelligence","accessed":"2026-10-22"},{"url":"https://archive.dni.gov/index.php/ncsc-how-we-work/ncsc-security-executive-agent/ncsc-policy","title":"Security Executive Agent: Policy","publisher":"Office of the Director of National Intelligence (archived site)","accessed":"2026-10-22"},{"url":"https://archive.dni.gov/files/NCSC/documents/Regulations/12-21-21_Memo_SecEA_Clarifying_Guidance_re_Marijuana_21-01529_U_SIGNED-FINAL.pdf","title":"Security Executive Agent Clarifying Guidance Concerning Marijuana (December 21, 2021)","publisher":"Office of the Director of National Intelligence","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/50/3343","title":"50 U.S.C. 3343: Security clearances; limitations","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.opm.gov/forms/pdf_fill/sf86.pdf","title":"Standard Form 86: Questionnaire for National Security Positions (Revised November 2016)","publisher":"U.S. Office of Personnel Management","accessed":"2026-10-22"},{"url":"https://www.dcsa.mil/Trust-Decision-Adjudications/FAQS-Trust-Decision-Adjudications/","title":"FAQS - Trust Decision (Adjudications)","publisher":"Defense Counterintelligence and Security Agency","accessed":"2026-10-22"},{"url":"https://www.dcsa.mil/Personnel-Vetting/Background-Investigations-for-Applicants/Help-Filling-Out-Forms/","title":"Help Filling Out Forms","publisher":"Defense Counterintelligence and Security Agency","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-10/chapter-III/part-710/subpart-A/section-710.1","title":"10 CFR 710.1: Purpose (DOE implements SEAD 4 'or successor directive')","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/07/09/2026-13868/submission-for-renewal-questionnaire-for-national-security-positions-standard-form-86-sf-86","title":"Submission for Renewal: Questionnaire for National Security Positions, Standard Form 86 (91 FR 42565, July 9, 2026)","publisher":"Federal Register (U.S. Office of Personnel Management)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/04/28/2026-08176/schedules-of-controlled-substances-rescheduling-of-food-and-drug-administration-approved-products","title":"Schedules of Controlled Substances: Rescheduling of FDA Approved Products Containing Marijuana From Schedule I to Schedule III (final rule, 91 FR 22714)","publisher":"Federal Register (U.S. Department of Justice, Drug Enforcement Administration)","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"cna","question":"Can you be a CNA with a felony?","short_name":"CNA (nurse aide)","category":"licensed_job","answer":"restricted","answer_line":"Sometimes: federal rules bar nursing homes from employing anyone a court has found guilty of abuse, neglect, exploitation, mistreatment or misappropriation of property, and states add their own lists of disqualifying offenses, some permanent and some time-limited, often with a waiver route.","summary":"Nurse aide training and registries are run by states under federal nursing-home rules. Federally, a nursing home may not employ anyone a court has found guilty of abuse, neglect, exploitation, mistreatment or misappropriation of property, or anyone with such a finding on the state nurse aide registry. On top of that, states set their own disqualifying-offense ('barrier crime') lists for health care workers: Texas bars some offenses permanently and others for five years after conviction, Illinois requires a waiver for listed convictions, and Pennsylvania's lifetime ban was struck down. Whether your felony matters depends on the offense, how long ago it was, and the state.","rules":[{"id":"nursing-home-hiring-bar-42-cfr-483-12","statement":"A nursing home in Medicare or Medicaid may not employ or engage anyone who has been found guilty by a court of abuse, neglect, exploitation, misappropriation of property or mistreatment, or who has such a finding on the state nurse aide registry.","detail":"42 CFR 483.12(a)(3)(i)-(iii) also covers people whose professional license has disciplinary action in effect for such conduct. Under 483.12(a)(4), facilities must report court actions against employees that indicate unfitness to serve as a nurse aide to the registry or licensing authorities. This federal bar is tied to offenses against residents and similar conduct, not to every felony.","sources":[{"url":"https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483/subpart-B/section-483.12","title":"42 CFR 483.12 - Freedom from abuse, neglect, and exploitation","publisher":"eCFR (Office of the Federal Register)","accessed":"2026-10-21"}]},{"id":"registry-findings-permanent-42-cfr-483-156","statement":"State nurse aide registries record findings of abuse, neglect or misappropriation of property, and those findings generally stay on the registry permanently.","detail":"Under 42 CFR 483.156(c)(1)(iv)(D), a finding must be entered within 10 working days and remains permanently unless it was made in error, the person was found not guilty in a court of law, or the state is notified of the person's death. These are findings from a state investigation and hearing, separate from a criminal conviction. Pennsylvania's Department of Health says a registry notation of abuse prohibits future employment in a nursing home.","sources":[{"url":"https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483/subpart-D/section-483.156","title":"42 CFR 483.156 - Registry of nurse aides","publisher":"eCFR (Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://pa.gov/agencies/health/business-registration-and-regulation/nurse-aide","title":"Nurse Aide","publisher":"Pennsylvania Department of Health","accessed":"2026-10-21"}]},{"id":"state-barrier-crime-lists","statement":"States set their own lists of convictions that bar health care or long-term care work, and the lists, time limits and waiver options differ a lot.","detail":"Texas Health and Safety Code 250.006 bars employment in covered facilities for listed offenses with no time limit (for example criminal homicide, kidnapping, sexual assault, aggravated assault, injury to a child, elderly or disabled person, arson, robbery, Medicaid fraud) and bars direct-contact jobs until the fifth anniversary of the conviction for others (for example felony theft, burglary, certain assault offenses). Illinois's Health Care Worker Background Check Act requires a waiver before an employer can hire a direct care worker with a disqualifying conviction. Pennsylvania's Older Adults Protective Services Act lifetime ban was held unenforceable.","sources":[{"url":"https://fhb.hhs.texas.gov/book/export/html/56206","title":"Appendix I, Criminal Convictions Barring Employment (Consumer Directed Services Handbook, Rev. 24-1)","publisher":"Texas Health and Human Services Commission","accessed":"2026-10-21"},{"url":"https://dph.illinois.gov/topics-services/health-care-regulation/health-care-worker-registry/waivers/instructions.html","title":"Health Care Worker Registry Waiver Instructions","publisher":"Illinois Department of Public Health","accessed":"2026-10-21"},{"url":"https://www.pa.gov/agencies/aging/resources-for-aging-professionals/criminal-history-bkgnd-check","title":"Criminal History Background Checks","publisher":"Pennsylvania Department of Aging","accessed":"2026-10-21"}]},{"id":"certification-versus-employment","statement":"Getting certified and being hireable are separate questions: a state can certify you and you can still be barred from some workplaces.","detail":"Texas HHSC may deny nurse aide certification or bar you from the exam if you have a conviction listed in Health and Safety Code 250.006 (26 TAC 556.10). HHSC also says that, since it began applying Occupations Code Chapter 53 to these credentials, a person can receive a license, permit or certification 'even if the individual is not employable in one or more types of long-term care settings' under 250.006.","sources":[{"url":"https://www.law.cornell.edu/regulations/texas/26-Tex-Admin-Code-SS-556-10","title":"26 Tex. Admin. Code 556.10 - Certification of Individuals with Criminal Convictions in Their Backgrounds","publisher":"Texas Health and Human Services Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.hhs.texas.gov/doing-business-hhs/licensing-credentialing-regulation/credentialing/employee-misconduct-registry-emr","title":"Employee Misconduct Registry (EMR)","publisher":"Texas Health and Human Services Commission","accessed":"2026-10-22"}]},{"id":"federal-health-program-exclusion-42-usc-1320a-7","statement":"Convictions for patient abuse or neglect, Medicare/Medicaid fraud, felony health care fraud or felony controlled-substance distribution trigger a federal exclusion of at least 5 years.","detail":"No federal health program payment is made for services furnished by an excluded person, and employers that hire excluded people can face civil money penalties, so exclusion blocks most nursing home and home health jobs.","sources":[{"url":"https://oig.hhs.gov/exclusions/background-information-exclusion-authorities/","title":"Background Information & Exclusion Authorities","publisher":"U.S. Department of Health and Human Services, Office of Inspector General","accessed":"2026-10-22"}]}],"barriers":[{"statement":"Offenses against vulnerable people, violence, sex offenses, theft and fraud matter most.","detail":"These are the categories in the federal hiring bar (abuse, neglect, exploitation, mistreatment, misappropriation), Texas's permanent and five-year lists, and the federal exclusion rules.","sources":[{"url":"https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483/subpart-B/section-483.12","title":"42 CFR 483.12","publisher":"eCFR (Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://fhb.hhs.texas.gov/book/export/html/56206","title":"Appendix I, Criminal Convictions Barring Employment","publisher":"Texas Health and Human Services Commission","accessed":"2026-10-21"}]},{"statement":"Misconduct registries can block you even without a criminal conviction.","detail":"Texas's Employee Misconduct Registry lists unlicensed staff found to have committed abuse, neglect, exploitation, misappropriation or misconduct so that they are 'denied employment in HHSC-regulated facilities and agencies'; facilities must check it before hiring and annually.","sources":[{"url":"https://www.hhs.texas.gov/doing-business-hhs/licensing-credentialing-regulation/credentialing/employee-misconduct-registry-emr","title":"Employee Misconduct Registry (EMR)","publisher":"Texas Health and Human Services Commission","accessed":"2026-10-22"}]},{"statement":"Out-of-state, federal and military convictions can count the same as in-state ones.","detail":"Texas's permanent list (and its burglary bar for licensed nursing and assisted living facilities) expressly covers substantially similar offenses under the laws of another state, federal law or the Uniform Code of Military Justice; the five-year list as reproduced by HHSC does not say so.","sources":[{"url":"https://fhb.hhs.texas.gov/book/export/html/56206","title":"Appendix I, Criminal Convictions Barring Employment","publisher":"Texas Health and Human Services Commission","accessed":"2026-10-21"}]}],"waivers":[{"statement":"A single neglect finding on the registry can be removed by petition after at least one year.","detail":"Social Security Act 1819(g)(1)(D) (42 U.S.C. 1395i-3) requires states to let a nurse aide petition to remove their name for a finding of neglect if the state determines their employment and personal history does not show a pattern of abuse or neglect and the neglect was a single occurrence; no decision can be made before one year has passed. This route covers neglect, not abuse.","sources":[{"url":"https://www.ssa.gov/OP_Home/ssact/title18/1819.htm","title":"Social Security Act section 1819 (42 U.S.C. 1395i-3)","publisher":"U.S. Social Security Administration","accessed":"2026-10-21"}]},{"statement":"Illinois: apply to IDPH for a waiver of a disqualifying conviction.","detail":"You must be fingerprinted through an IDPH-authorized Livescan vendor, meet time restrictions based on the number and type of your disqualifying convictions, and have finished all court obligations except scheduled fine or restitution payments. Waivers are 'not granted automatically'; IDPH weighs your age at the offense, work history, time since the last conviction, severity and other evidence. IDPH's rules (77 Ill. Adm. Code 955) separate offenses that are always disqualifying except through appeal (Appendix A), those eligible for a rehabilitation waiver (Appendix B), and those eligible for a waiver by application (Appendix C). A new disqualifying conviction automatically revokes a waiver.","sources":[{"url":"https://dph.illinois.gov/topics-services/health-care-regulation/health-care-worker-registry/waivers/instructions.html","title":"Health Care Worker Registry Waiver Instructions","publisher":"Illinois Department of Public Health","accessed":"2026-10-21"},{"url":"https://dph.illinois.gov/topics-services/health-care-regulation/health-care-worker-registry/waivers/faq.html","title":"Health Care Worker Registry Waiver FAQ","publisher":"Illinois Department of Public Health","accessed":"2026-10-21"},{"url":"https://dph.illinois.gov/topics-services/health-care-regulation/health-care-worker-registry/waivers.html","title":"Health Care Worker Registry Waivers","publisher":"Illinois Department of Public Health","accessed":"2026-10-21"}]},{"statement":"Pennsylvania: the lifetime employment ban is not enforceable, so employers must look at your record individually.","detail":"In Peake v. Commonwealth (216 M.D. 2015), the Commonwealth Court held the lifetime ban in Section 503(a) of the Older Adults Protective Services Act (35 P.S. 10225.503(a)) violates due process under the Pennsylvania Constitution. The Department of Aging says background checks are still required and recommends an individualized assessment of the crime, the facts, time elapsed, rehabilitation and the job.","sources":[{"url":"https://www.pa.gov/agencies/aging/resources-for-aging-professionals/criminal-history-bkgnd-check","title":"Criminal History Background Checks","publisher":"Pennsylvania Department of Aging","accessed":"2026-10-21"}]},{"statement":"Some boards will tell you in advance whether a conviction would block CNA certification.","detail":"Oregon's State Board of Nursing accepts predetermination requests for CNA applicants ($75, OAR 851-001-0111). It is not a final determination and can be reconsidered when you apply.","sources":[{"url":"https://www.oregon.gov/osbn/Pages/predetermination-request.aspx","title":"Predetermination Request","publisher":"Oregon State Board of Nursing","accessed":"2026-10-21"}]}],"steps":["Get your full criminal record and the final disposition of every case, and check whether any finding about you appears on a state nurse aide registry or misconduct registry.","Find the agency that runs nurse aide certification in your state (often the health department or the board of nursing) and the state's health care worker background-check law, and look up its list of disqualifying offenses.","For each conviction, check whether it is a permanent bar, a time-limited bar (and when the clock started, e.g. the conviction date in Texas), or not listed.","If an offense is listed, find out whether your state offers a waiver, exemption or predetermination, what the waiting period is, and what documents it requires (court records, proof that probation, fines and restitution are complete, treatment records).","Ask the training program or the state before you pay tuition whether your record will stop you from taking the competency exam or being placed on the registry.","Check the HHS-OIG exclusion rules if you have a patient abuse, health care fraud or felony drug-distribution conviction.","Remember that being certified doesn't guarantee every employer can hire you; ask which settings (nursing homes, home health, assisted living) your record affects."],"state_variation":"mostly_state","state_detail":"Mostly state: federal rules set a floor for nursing homes (no aides found guilty of abuse, neglect, exploitation, mistreatment or misappropriation, or with such a registry finding), but each state decides its own disqualifying offenses, waiting periods and waivers for certification and for health care employment. Check the nurse aide registry agency and the health care worker background-check law in your state.","state_examples":[{"state":"TX","statement":"Health and Safety Code 250.006 bars some offenses from covered facilities with no time limit and others from direct-contact jobs until five years after the conviction date; HHSC can deny nurse aide certification or bar you from the exam for those convictions, and keeps an Employee Misconduct Registry that blocks hiring.","source":{"url":"https://fhb.hhs.texas.gov/book/export/html/56206","title":"Appendix I, Criminal Convictions Barring Employment (Consumer Directed Services Handbook, Rev. 24-1)","publisher":"Texas Health and Human Services Commission","accessed":"2026-10-21"}},{"state":"IL","statement":"Under the Health Care Worker Background Check Act, you need an IDPH waiver before an employer can hire you as a direct care worker if you have a disqualifying conviction; some offenses are always disqualifying except through appeal, and waivers are never automatic.","source":{"url":"https://dph.illinois.gov/topics-services/health-care-regulation/health-care-worker-registry/waivers/faq.html","title":"Health Care Worker Registry Waiver FAQ","publisher":"Illinois Department of Public Health","accessed":"2026-10-21"}},{"state":"PA","statement":"Background checks are still required for facilities covered by the Older Adults Protective Services Act, but its lifetime ban was struck down in Peake v. Commonwealth, so hiring decisions are case by case.","source":{"url":"https://www.pa.gov/agencies/aging/resources-for-aging-professionals/criminal-history-bkgnd-check","title":"Criminal History Background Checks","publisher":"Pennsylvania Department of Aging","accessed":"2026-10-21"}},{"state":"OR","statement":"The Oregon State Board of Nursing lets a person ask, for a $75 fee, whether a criminal conviction would prevent a CNA certificate (or LPN, RN or APRN license) before applying; the written answer is not a final determination and is reconsidered when you actually apply.","source":{"url":"https://www.oregon.gov/osbn/Pages/predetermination-request.aspx","title":"Predetermination Request","publisher":"Oregon State Board of Nursing","accessed":"2026-10-21"}}],"official_links":[{"name":"42 CFR 483.12 (nursing home hiring bar)","url":"https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483/subpart-B/section-483.12","detail":"Federal rule on who nursing homes may not employ."},{"name":"42 CFR 483.156 (nurse aide registry)","url":"https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483/subpart-D/section-483.156","detail":"What registries must record and how long findings stay."},{"name":"Texas HHSC convictions barring employment","url":"https://fhb.hhs.texas.gov/book/export/html/56206","detail":"Texas's permanent and five-year lists under Health and Safety Code 250.006."},{"name":"Illinois IDPH health care worker waivers","url":"https://dph.illinois.gov/topics-services/health-care-regulation/health-care-worker-registry/waivers.html","detail":"Waiver rules, offense appendices and the application."},{"name":"Oregon nursing board predetermination","url":"https://www.oregon.gov/osbn/Pages/predetermination-request.aspx","detail":"Advance opinion for CNA applicants with convictions."}],"related":["nurse"],"sources":[{"url":"https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483/subpart-B/section-483.12","title":"42 CFR 483.12 - Freedom from abuse, neglect, and exploitation","publisher":"eCFR (Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483/subpart-D/section-483.156","title":"42 CFR 483.156 - Registry of nurse aides","publisher":"eCFR (Office of the Federal Register)","accessed":"2026-10-21"},{"url":"https://www.ssa.gov/OP_Home/ssact/title18/1819.htm","title":"Social Security Act section 1819 (42 U.S.C. 1395i-3)","publisher":"U.S. Social Security Administration","accessed":"2026-10-21"},{"url":"https://oig.hhs.gov/exclusions/background-information-exclusion-authorities/","title":"Background Information & Exclusion Authorities","publisher":"U.S. Department of Health and Human Services, Office of Inspector General","accessed":"2026-10-22"},{"url":"https://fhb.hhs.texas.gov/book/export/html/56206","title":"Appendix I, Criminal Convictions Barring Employment (Consumer Directed Services Handbook, Rev. 24-1)","publisher":"Texas Health and Human Services Commission","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/texas/26-Tex-Admin-Code-SS-556-10","title":"26 Tex. Admin. Code 556.10 - Certification of Individuals with Criminal Convictions in Their Backgrounds","publisher":"Texas Health and Human Services Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.hhs.texas.gov/doing-business-hhs/licensing-credentialing-regulation/credentialing/employee-misconduct-registry-emr","title":"Employee Misconduct Registry (EMR)","publisher":"Texas Health and Human Services Commission","accessed":"2026-10-22"},{"url":"https://dph.illinois.gov/topics-services/health-care-regulation/health-care-worker-registry/waivers/instructions.html","title":"Health Care Worker Registry Waiver Instructions","publisher":"Illinois Department of Public Health","accessed":"2026-10-21"},{"url":"https://dph.illinois.gov/topics-services/health-care-regulation/health-care-worker-registry/waivers/faq.html","title":"Health Care Worker Registry Waiver FAQ","publisher":"Illinois Department of Public Health","accessed":"2026-10-21"},{"url":"https://dph.illinois.gov/topics-services/health-care-regulation/health-care-worker-registry/waivers.html","title":"Health Care Worker Registry Waivers","publisher":"Illinois Department of Public Health","accessed":"2026-10-21"},{"url":"https://www.pa.gov/agencies/aging/resources-for-aging-professionals/criminal-history-bkgnd-check","title":"Criminal History Background Checks","publisher":"Pennsylvania Department of Aging","accessed":"2026-10-21"},{"url":"https://pa.gov/agencies/health/business-registration-and-regulation/nurse-aide","title":"Nurse Aide","publisher":"Pennsylvania Department of Health","accessed":"2026-10-21"},{"url":"https://www.oregon.gov/osbn/Pages/predetermination-request.aspx","title":"Predetermination Request","publisher":"Oregon State Board of Nursing","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"doctor","question":"Can you be a doctor with a felony?","short_name":"Doctor (physician)","category":"licensed_job","answer":"depends","answer_line":"It depends: state medical boards decide case by case, but you also have to get through medical school background checks, some states automatically deny licenses for certain drug, fraud and Medicaid-related felonies for years, and some convictions block federal prescribing rights and Medicare/Medicaid work.","summary":"Physician licenses come from state medical boards, which review criminal history case by case under a good-moral-character or similar standard, and some states, like Texas, will evaluate your record before you apply. Before that, the AAMC recommends that every U.S. medical school run a national background check on applicants when they are conditionally accepted. Some offenses carry hard consequences: Florida must deny a license for certain drug, fraud and Medicaid-related felonies for 5 to 15 years, federal law excludes people convicted of health care fraud, patient abuse or felony drug distribution from federal health programs for at least 5 years, and the DEA can deny or revoke a controlled-substance registration over drug convictions. Given the cost and length of training, check your state board and use any pre-application review before committing.","rules":[{"id":"state-medical-boards-decide","statement":"State medical boards decide whether a criminal record bars a license, usually through an individual review of each applicant.","detail":"The Florida Board of Medicine says each application is reviewed on its own merits, violent crimes and repeat offenders must be presented to the Board of Medicine for review (some other offenses can be cleared at the board office under its guidelines), and evidence of rehabilitation is important to board members. The Texas Medical Board evaluates criminal history as part of every application, using fingerprint results from the Texas Department of Public Safety and the FBI. New York requires physicians to 'be of good moral character as determined by the department' (Education Law 6524(7)), and its Correction Law Article 23-A limits denials based on convictions.","sources":[{"url":"https://flboardofmedicine.gov/applicants-with-criminal-history/","title":"Applicants with Criminal History","publisher":"Florida Board of Medicine","accessed":"2026-10-21"},{"url":"https://www.tmb.texas.gov/resources/for-applicants-and-licensees/pre-licensure-criminal-history-evaluation","title":"Pre-Licensure Criminal History Evaluation","publisher":"Texas Medical Board","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/EDN/6524","title":"New York Education Law section 6524","publisher":"New York State Senate","accessed":"2026-10-21"}]},{"id":"medical-school-background-check","statement":"Medical schools check your record before you start: the AAMC recommends a national background check on every applicant at conditional acceptance.","detail":"Through the AAMC's service, Certiphi Screening, Inc. runs the check after you consent; history 'including infractions and juvenile records' is included. You get ten calendar days to review and contest the report before it goes to the schools that accepted you, and each school decides what to review. Schools may also run their own checks.","sources":[{"url":"https://students-residents.aamc.org/applying-medical-school-amcas/criminal-background-check-service","title":"Criminal Background Check Service","publisher":"Association of American Medical Colleges (AAMC)","accessed":"2026-10-30"}]},{"id":"federal-health-program-exclusion-42-usc-1320a-7","statement":"Convictions for Medicare/Medicaid fraud, patient abuse or neglect, felony health care fraud or felony controlled-substance offenses trigger a federal exclusion of at least 5 years.","detail":"While excluded, no federal health program payment is made for anything you furnish, order or prescribe, which effectively blocks most medical practice and employment.","sources":[{"url":"https://oig.hhs.gov/exclusions/background-information-exclusion-authorities/","title":"Background Information & Exclusion Authorities","publisher":"U.S. Department of Health and Human Services, Office of Inspector General","accessed":"2026-10-22"}]},{"id":"dea-registration-21-usc-823-824","statement":"Drug convictions can cost you a DEA registration, which you need to prescribe controlled substances.","detail":"DEA may deny a practitioner's registration as inconsistent with the public interest, considering among other factors 'The applicant's conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances' (21 U.S.C. 823(g)(1)(C)). A registration may be suspended or revoked for a felony conviction relating to controlled substances or for mandatory exclusion under 42 U.S.C. 1320a-7(a) (21 U.S.C. 824(a)(2), (a)(5)).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/21/823","title":"21 U.S.C. 823 - Registration requirements","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/uscode/text/21/824","title":"21 U.S.C. 824 - Denial, revocation, or suspension of registration","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"}]},{"id":"pre-application-evaluations","statement":"Some boards will evaluate your record before you apply.","detail":"The Texas Medical Board offers a Pre-Licensure Criminal History Evaluation ($100) for future physicians and several other license types, under its rule implementing Occupations Code 53.102; it is 'not a guarantee of eligibility.' Pennsylvania's Act 53 lets you ask a licensing board for a preliminary determination ($45, within 45 days). The Florida Board of Medicine says staff cannot decide in advance.","sources":[{"url":"https://www.tmb.texas.gov/resources/for-applicants-and-licensees/pre-licensure-criminal-history-evaluation","title":"Pre-Licensure Criminal History Evaluation","publisher":"Texas Medical Board","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-161-1","title":"22 Tex. Admin. Code 161.1 (criminal history evaluation letters)","publisher":"Texas Medical Board rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.pa.gov/agencies/dos/resources/professional-licensing-resources/act-53-of-2020-best-practices-guide","title":"Act 53 of 2020 Best Practices Guide","publisher":"Pennsylvania Department of State","accessed":"2026-10-22"},{"url":"https://flboardofmedicine.gov/applicants-with-criminal-history/","title":"Applicants with Criminal History","publisher":"Florida Board of Medicine","accessed":"2026-10-21"}]},{"id":"fair-chance-licensing-laws","statement":"There's no single national rule, but several states have fair chance licensing laws limiting boards to job-related convictions.","detail":"New York Correction Law 752-753 allows denial over a prior conviction only for a direct relationship or unreasonable risk, after weighing listed factors. California's AB 2138 (Business and Professions Code 480) generally limits boards to convictions within seven years, with exceptions for serious felonies and certain sex offenses. Pennsylvania's Act 53 bars boards from denying licenses on vague 'good moral character' or 'moral turpitude' grounds, has each board publish a schedule of offenses (marking which are directly related), and requires an individualized assessment for offenses not on the schedule.","sources":[{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"New York Correction Law section 752","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/753","title":"New York Correction Law section 753","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://psychology.ca.gov/laws_regs/leg_ab2138.shtml","title":"2018 Legislative Advisories: AB 2138 (Chiu)","publisher":"California Board of Psychology (Department of Consumer Affairs)","accessed":"2026-10-21"},{"url":"https://www.pa.gov/agencies/dos/resources/professional-licensing-resources/act-53-of-2020-best-practices-guide","title":"Act 53 of 2020 Best Practices Guide","publisher":"Pennsylvania Department of State","accessed":"2026-10-22"}]}],"barriers":[{"statement":"Florida must refuse a license for certain drug, fraud and Medicaid felonies for 5 to 15 years.","detail":"Under s. 456.0635(2), Florida health care boards must refuse to admit a candidate to an exam or issue a license for felonies under chapters 409, 817 or 893 (or similar out-of-state offenses), regardless of adjudication, unless the sentence and probation ended more than 15 years (first/second-degree), 10 years (third-degree) or 5 years (certain third-degree drug felonies under s. 893.13(6)(a)) before applying; federal felonies under 21 U.S.C. 801-970 or 42 U.S.C. 1395-1396 need 15 years. Being on the federal OIG exclusion list or terminated for cause from Medicaid is also disqualifying.","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0456/Sections/0456.0635.html","title":"Florida Statutes s. 456.0635 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}]},{"statement":"You must disclose convictions and pleas, and boards want the full paperwork.","detail":"The Florida Board of Medicine requires applicants to list every conviction and guilty or no-contest plea except minor traffic offenses, says failure to disclose can lead to denial, and asks for a personal explanation, arrest records, final dispositions and proof of probation and financial sanctions.","sources":[{"url":"https://flboardofmedicine.gov/applicants-with-criminal-history/","title":"Applicants with Criminal History","publisher":"Florida Board of Medicine","accessed":"2026-10-21"}]},{"statement":"The offenses with the hardest consequences are drug distribution or prescribing crimes, health care fraud, patient abuse, and violent or repeat offenses.","detail":"These trigger federal exclusion and DEA action, Florida's mandatory denial, and Florida's requirement that violent and repeat offenses be presented to the Board.","sources":[{"url":"https://oig.hhs.gov/exclusions/background-information-exclusion-authorities/","title":"Background Information & Exclusion Authorities","publisher":"U.S. Department of Health and Human Services, Office of Inspector General","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/21/824","title":"21 U.S.C. 824","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://flboardofmedicine.gov/applicants-with-criminal-history/","title":"Applicants with Criminal History","publisher":"Florida Board of Medicine","accessed":"2026-10-21"}]}],"waivers":[{"statement":"Rehabilitation evidence matters in board review.","detail":"The Florida Board of Medicine says evidence of rehabilitation is important to board members when making licensure decisions. New York's Correction Law 753 requires weighing rehabilitation, time elapsed and age at the offense, and treats a certificate of relief from disabilities or good conduct as a presumption of rehabilitation.","sources":[{"url":"https://flboardofmedicine.gov/applicants-with-criminal-history/","title":"Applicants with Criminal History","publisher":"Florida Board of Medicine","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/753","title":"New York Correction Law section 753","publisher":"New York State Senate","accessed":"2026-10-21"}]},{"statement":"Florida's mandatory bar ends after the stated waiting period, and doesn't apply after completed pretrial diversion or drug court where the plea was withdrawn or charges dismissed.","detail":"s. 456.0635(2)(a). It also doesn't apply to an initial applicant arrested or charged before July 1, 2009.","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0456/Sections/0456.0635.html","title":"Florida Statutes s. 456.0635 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}]},{"statement":"You can contest an inaccurate medical school background report before schools see it.","detail":"AAMC's service gives you ten calendar days to review the preliminary report and contest it.","sources":[{"url":"https://students-residents.aamc.org/applying-medical-school-amcas/criminal-background-check-service","title":"Criminal Background Check Service","publisher":"Association of American Medical Colleges (AAMC)","accessed":"2026-10-30"}]}],"steps":["Get your full state and FBI record and certified dispositions, and check for errors; medical school checks include infractions and juvenile records.","Identify the state where you'd most likely be licensed and read its medical board's criminal-history guidance and any mandatory-denial statutes (like Florida's s. 456.0635).","If that board offers a pre-licensure evaluation (for example the Texas Medical Board's $100 evaluation) or a preliminary determination (Pennsylvania Act 53), request it before applying to medical school.","If you have any drug, health care fraud or patient-related conviction, check how it affects federal program exclusion and DEA registration, not just the state license.","Ask the medical schools you're considering how they use background check results.","Gather rehabilitation evidence and any certificate of relief, rehabilitation, pardon or expungement available in your state.","Disclose every conviction and plea the applications ask for, exactly as asked."],"state_variation":"mostly_state","state_detail":"Mostly state: medical licenses are issued by state boards under state law, and some states add mandatory bars or fair chance protections. Federal rules (OIG exclusion, DEA registration) apply everywhere, and medical schools run their own checks. Check the medical board in the state where you plan to practice.","state_examples":[{"state":"TX","statement":"The Texas Medical Board evaluates criminal history with every application and offers a $100 Pre-Licensure Criminal History Evaluation for prospective physicians and several other professions; the result is not a guarantee of eligibility.","source":{"url":"https://www.tmb.texas.gov/resources/for-applicants-and-licensees/pre-licensure-criminal-history-evaluation","title":"Pre-Licensure Criminal History Evaluation","publisher":"Texas Medical Board","accessed":"2026-10-21"}},{"state":"FL","statement":"The Florida Board of Medicine reviews each application on its merits, requires violent and repeat offenses to be presented to the Board and won't pre-clear offenses; state law separately requires denial for certain drug, fraud and Medicaid-related felonies until 5 to 15 years after the sentence and probation end.","source":{"url":"https://flboardofmedicine.gov/applicants-with-criminal-history/","title":"Applicants with Criminal History","publisher":"Florida Board of Medicine","accessed":"2026-10-21"}},{"state":"NY","statement":"New York requires physicians to be of good moral character as determined by the State Education Department, and Correction Law Article 23-A bars license denials based on a prior conviction unless it is directly related or poses an unreasonable risk.","source":{"url":"https://www.nysenate.gov/legislation/laws/EDN/6524","title":"New York Education Law section 6524","publisher":"New York State Senate","accessed":"2026-10-21"}}],"official_links":[{"name":"AAMC Criminal Background Check Service","url":"https://students-residents.aamc.org/applying-medical-school-amcas/criminal-background-check-service","detail":"How medical schools check accepted applicants."},{"name":"Texas Medical Board pre-licensure evaluation","url":"https://www.tmb.texas.gov/resources/for-applicants-and-licensees/pre-licensure-criminal-history-evaluation","detail":"Ask before you apply whether your record is likely to block a Texas license."},{"name":"Florida Board of Medicine: applicants with criminal history","url":"https://flboardofmedicine.gov/applicants-with-criminal-history/","detail":"What Florida requires and how it reviews records."},{"name":"HHS-OIG exclusion authorities","url":"https://oig.hhs.gov/exclusions/background-information-exclusion-authorities/","detail":"Which convictions exclude you from federal health programs."}],"related":["nurse"],"sources":[{"url":"https://flboardofmedicine.gov/applicants-with-criminal-history/","title":"Applicants with Criminal History","publisher":"Florida Board of Medicine","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0456/Sections/0456.0635.html","title":"Florida Statutes s. 456.0635 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"},{"url":"https://www.tmb.texas.gov/resources/for-applicants-and-licensees/pre-licensure-criminal-history-evaluation","title":"Pre-Licensure Criminal History Evaluation","publisher":"Texas Medical Board","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-161-1","title":"22 Tex. Admin. Code 161.1 (criminal history evaluation letters)","publisher":"Texas Medical Board rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/EDN/6524","title":"New York Education Law section 6524","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"New York Correction Law section 752","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/753","title":"New York Correction Law section 753","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://students-residents.aamc.org/applying-medical-school-amcas/criminal-background-check-service","title":"Criminal Background Check Service","publisher":"Association of American Medical Colleges (AAMC)","accessed":"2026-10-21"},{"url":"https://oig.hhs.gov/exclusions/background-information-exclusion-authorities/","title":"Background Information & Exclusion Authorities","publisher":"U.S. Department of Health and Human Services, Office of Inspector General","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/21/823","title":"21 U.S.C. 823 - Registration requirements","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/uscode/text/21/824","title":"21 U.S.C. 824 - Denial, revocation, or suspension of registration","publisher":"U.S. Code (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://psychology.ca.gov/laws_regs/leg_ab2138.shtml","title":"2018 Legislative Advisories: AB 2138 (Chiu)","publisher":"California Board of Psychology (Department of Consumer Affairs)","accessed":"2026-10-21"},{"url":"https://www.pa.gov/agencies/dos/resources/professional-licensing-resources/act-53-of-2020-best-practices-guide","title":"Act 53 of 2020 Best Practices Guide","publisher":"Pennsylvania Department of State","accessed":"2026-10-22"}],"last_verified":"2026-10-30"},{"slug":"lawyer","question":"Can you be a lawyer with a felony?","short_name":"Lawyer (bar admission)","category":"licensed_job","answer":"depends","answer_line":"It depends: there's no national ban, and each state's bar admission authority judges your character and fitness case by case, but a few jurisdictions bar felony applicants outright and several presume against them for a set period.","summary":"Bar admission is decided by each jurisdiction's admitting authority (usually the state's highest court and its board of law examiners or character and fitness committee); NCBE only runs investigations for some jurisdictions and makes no eligibility decisions. NCBE's national comparison chart shows the rules on felonies range from outright bars in a few places, to time-based bars or presumptions (Texas presumes a lack of good moral character until five years after the sentence is completed), to purely case-by-case review (California says no criminal act automatically disqualifies you). Several jurisdictions let law students start the character review early or ask for an advance ruling, which is worth doing before you commit to three years of law school.","rules":[{"id":"jurisdiction-decides-character-fitness","statement":"Each state or territory decides who has the character and fitness to practice law; there is no national standard.","detail":"NCBE says 'Jurisdictions make this determination' and that application processes 'are determined solely by the jurisdiction to which you are applying.' NCBE conducts character investigations for many jurisdictions but 'makes no determinations nor recommendations regarding who is eligible or ineligible to practice law.'","sources":[{"url":"https://www.ncbex.org/character-fitness","title":"Character and Fitness for the Bar Exam","publisher":"National Conference of Bar Examiners (NCBE)","accessed":"2026-10-21"},{"url":"https://www.ncbex.org/character-fitness/DE","title":"Character & Fitness Investigations: Delaware (example jurisdiction page)","publisher":"National Conference of Bar Examiners (NCBE)","accessed":"2026-10-21"}]},{"id":"felony-rules-vary-ncbe-chart-2","statement":"How a felony is treated varies widely: a few jurisdictions bar it, several impose a waiting period or presumption, and many review it case by case.","detail":"NCBE's Comprehensive Guide (Chart 2, Character and Fitness Determinations) asks 'Will a felony conviction bar an applicant from admission?' Its notes describe, for example: Mississippi barring felony applicants except for manslaughter or Internal Revenue Code violations; the Northern Mariana Islands and Palau barring them without a full pardon; Kansas and Missouri barring applicants until five years after the sentence or probation ends; Connecticut applying a rebuttable presumption; Florida requiring restoration of civil rights and Georgia a pardon or restoration; Indiana treating a felony as prima facie evidence of a lack of good moral character; and the District of Columbia requiring a formal hearing. Confirm the current rule with the jurisdiction itself.","sources":[{"url":"https://reports.ncbex.org/charts/chart-2/","title":"Comprehensive Guide to Bar Admission Requirements, Chart 2: Character and Fitness Determinations","publisher":"National Conference of Bar Examiners (NCBE)","accessed":"2026-10-21"}]},{"id":"conduct-and-candor-not-only-convictions","statement":"Bar examiners look at the underlying conduct and your honesty in the process, not just whether there was a conviction.","detail":"Texas's rules say a person may be found to lack character and fitness based on the underlying facts as well as the conviction (Rule 4(d)). The State Bar of California weighs criminal history, fraud, abuse of legal process, violations of court orders and unauthorized practice of law, and stresses 'Being forthright on the moral character application.' California requires disclosure of dismissed, sealed or expunged matters where the governing court order or statute requires disclosure to a licensing agency.","sources":[{"url":"https://ble.texas.gov/txrulebook","title":"Rules Governing Admission to the Bar of Texas","publisher":"Texas Board of Law Examiners","accessed":"2026-10-21"},{"url":"https://www.calbar.ca.gov/Admissions/Moral-Character/Factors-and-Conduct","title":"Factors and Conduct (Moral Character)","publisher":"The State Bar of California","accessed":"2026-10-21"},{"url":"https://www.calbar.ca.gov/sites/default/files/portals/0/documents/admissions/Moral-Character-Determination-Application-Instructions.pdf","title":"Moral Character Determination Application Instructions","publisher":"The State Bar of California","accessed":"2026-10-21"}]},{"id":"early-character-review","statement":"Some jurisdictions let you get a character decision, or an advance ruling, while you're in (or applying to) law school.","detail":"Texas requires first-time students at Texas law schools to file a Declaration of Intention to Study Law (Rule 6), which the Board says gives 'early notice of issues and concerns'; the Board has 270 days to finish its investigation. New York's Appellate Division, Fourth Department lets matriculated law students or law school applicants with a felony or misdemeanor conviction petition for an advance ruling on whether it would disqualify them (22 NYCRR 1015.18[o]). California lets registered law students file the moral character application and encourages filing before the last year of law study; processing takes at least about six months.","sources":[{"url":"https://ble.texas.gov/Declarant_Steps_to_Admission","title":"Declarant Steps to Admission","publisher":"Texas Board of Law Examiners","accessed":"2026-10-21"},{"url":"https://ble.texas.gov/txrulebook","title":"Rules Governing Admission to the Bar of Texas","publisher":"Texas Board of Law Examiners","accessed":"2026-10-21"},{"url":"https://nycourts.gov/courts/ad4/clerk/attymttrs/baradmin.html","title":"Bar Admission (Committee on Character and Fitness)","publisher":"New York State Supreme Court, Appellate Division, Fourth Department","accessed":"2026-10-21"},{"url":"https://www.calbar.ca.gov/sites/default/files/portals/0/documents/admissions/Moral-Character-Determination-Application-Instructions.pdf","title":"Moral Character Determination Application Instructions","publisher":"The State Bar of California","accessed":"2026-10-21"}]}],"barriers":[{"statement":"Texas: a felony conviction or felony deferred adjudication creates a presumption against you until five years after the sentence is completed.","detail":"Rule 4(d)(1) creates a rebuttable presumption that the applicant lacks present good moral character and fitness for five years after completion of the sentence, for Texas felonies, felony deferred adjudication community supervision, and equivalent out-of-state crimes. After a denied petition for redetermination based on a felony, you must wait three years to file again (Rule 4(g)).","sources":[{"url":"https://ble.texas.gov/txrulebook","title":"Rules Governing Admission to the Bar of Texas","publisher":"Texas Board of Law Examiners","accessed":"2026-10-21"}]},{"statement":"Serious or recent misconduct needs a long record of exemplary conduct to overcome.","detail":"The State Bar of California says rehabilitation must be 'commensurate with the significance of the misconduct' and that serious misconduct requires 'Exemplary conduct over an extended period'; remorse alone is not enough. Texas requires proof that you have been 'living a life of exemplary conduct' during the five years before applying to rebut its presumption (Rule 4(f)).","sources":[{"url":"https://www.calbar.ca.gov/Admissions/Moral-Character/Factors-and-Conduct","title":"Factors and Conduct (Moral Character)","publisher":"The State Bar of California","accessed":"2026-10-21"},{"url":"https://ble.texas.gov/txrulebook","title":"Rules Governing Admission to the Bar of Texas","publisher":"Texas Board of Law Examiners","accessed":"2026-10-21"}]},{"statement":"Offenses involving dishonesty or fraud weigh especially heavily.","detail":"California notes that a conviction of a crime with intent to defraud as an element involves moral turpitude. Texas's exceptions to its presumption do not apply to offenses related to the practice of law, among others (Rule 4(d)(2)).","sources":[{"url":"https://www.calbar.ca.gov/Admissions/Moral-Character/Factors-and-Conduct","title":"Factors and Conduct (Moral Character)","publisher":"The State Bar of California","accessed":"2026-10-21"},{"url":"https://ble.texas.gov/txrulebook","title":"Rules Governing Admission to the Bar of Texas","publisher":"Texas Board of Law Examiners","accessed":"2026-10-21"}]}],"waivers":[{"statement":"Most jurisdictions let you rebut the record with evidence of rehabilitation; in California no crime is an automatic bar.","detail":"California: 'No criminal act automatically disqualifies you from receiving a positive determination.' Texas: you can rebut the felony presumption by proving by a preponderance of the evidence that admission serves the public and the profession and that you have present good moral character (Rule 4(f)).","sources":[{"url":"https://www.calbar.ca.gov/Admissions/Moral-Character/Factors-and-Conduct","title":"Factors and Conduct (Moral Character)","publisher":"The State Bar of California","accessed":"2026-10-21"},{"url":"https://ble.texas.gov/txrulebook","title":"Rules Governing Admission to the Bar of Texas","publisher":"Texas Board of Law Examiners","accessed":"2026-10-21"}]},{"statement":"Texas: no presumption arises if the conviction was reversed on appeal, you were pardoned, or a deferred adjudication was dismissed and discharged.","detail":"Rule 4(d)(2); the dismissal exception (Code of Criminal Procedure Art. 42A.111) does not apply to certain listed offenses, Penal Code Chapter 21 or 43 offenses, or offenses related to the practice of law.","sources":[{"url":"https://ble.texas.gov/txrulebook","title":"Rules Governing Admission to the Bar of Texas","publisher":"Texas Board of Law Examiners","accessed":"2026-10-21"}]},{"statement":"Conditional or deferred admission is available in some places.","detail":"NCBE's Chart 2 lists Texas as allowing conditional admission, including probationary licensing, and California as having a deferral program under which an applicant can enter an abeyance agreement for a set period.","sources":[{"url":"https://reports.ncbex.org/charts/chart-2/","title":"Comprehensive Guide to Bar Admission Requirements, Chart 2: Character and Fitness Determinations","publisher":"National Conference of Bar Examiners (NCBE)","accessed":"2026-10-21"}]},{"statement":"In New York's Fourth Department, an adverse advance ruling doesn't end your chances.","detail":"If the Court rules adversely or declines to rule, the decision is 'without prejudice' to applying again after passing the bar exam.","sources":[{"url":"https://nycourts.gov/courts/ad4/clerk/attymttrs/baradmin.html","title":"Bar Admission (Committee on Character and Fitness)","publisher":"New York State Supreme Court, Appellate Division, Fourth Department","accessed":"2026-10-21"}]}],"steps":["Decide which state you most likely want to practice in, and find its bar admission authority (NCBE's character and fitness pages list each jurisdiction's agency).","Read that jurisdiction's admission rules on felonies: is there an outright bar, a waiting period after your sentence ends, a presumption you must rebut, or case-by-case review? NCBE's Chart 2 is a starting point, but confirm with the jurisdiction.","Before or right after you start law school, use any early review the jurisdiction offers (for example the Texas Declaration of Intention, a New York Fourth Department advance ruling, or an early California moral character application).","Get every police report, charging document, judgment and proof of completed sentence, probation, fines and restitution; bar examiners look at the underlying facts.","Build a rehabilitation record: steady work or school, community service, treatment if relevant, and references who know your history.","Be completely candid on your law school and bar applications; inconsistencies or omissions are treated as character problems in themselves.","If you receive an adverse preliminary decision, use the hearing or redetermination process and note any waiting period before you can try again."],"state_variation":"mostly_state","state_detail":"Mostly state: each state's (or territory's) highest court and its bar examiners or character committees set the rules. NCBE publishes a national comparison chart and investigates for some jurisdictions but decides nothing. Check the admission rules of the jurisdiction where you want to practice.","state_examples":[{"state":"TX","statement":"A Texas felony or felony deferred adjudication creates a rebuttable presumption against good moral character until five years after the sentence is complete; law students file a Declaration of Intention so the Board of Law Examiners can flag issues early.","source":{"url":"https://ble.texas.gov/txrulebook","title":"Rules Governing Admission to the Bar of Texas (Rules 4 and 6)","publisher":"Texas Board of Law Examiners","accessed":"2026-10-21"}},{"state":"CA","statement":"The State Bar of California says no criminal act automatically disqualifies you; it weighs severity, timing, frequency and rehabilitation, and serious misconduct requires exemplary conduct over an extended period.","source":{"url":"https://www.calbar.ca.gov/Admissions/Moral-Character/Factors-and-Conduct","title":"Factors and Conduct (Moral Character)","publisher":"The State Bar of California","accessed":"2026-10-21"}},{"state":"NY","statement":"Each Appellate Division evaluates character and fitness through a Committee on Character and Fitness that interviews every applicant; the Fourth Department lets law students and law school applicants with convictions petition for an advance ruling.","source":{"url":"https://nycourts.gov/courts/ad4/clerk/attymttrs/baradmin.html","title":"Bar Admission (Committee on Character and Fitness)","publisher":"New York State Supreme Court, Appellate Division, Fourth Department","accessed":"2026-10-21"}}],"official_links":[{"name":"NCBE character and fitness","url":"https://www.ncbex.org/character-fitness","detail":"How character review works and links to each jurisdiction's admitting agency."},{"name":"NCBE Comprehensive Guide, Chart 2","url":"https://reports.ncbex.org/charts/chart-2/","detail":"Jurisdiction-by-jurisdiction comparison, including whether a felony bars admission."},{"name":"Texas Board of Law Examiners rules","url":"https://ble.texas.gov/txrulebook","detail":"Rule 4 (character and fitness, felonies) and Rule 6 (Declaration of Intention)."},{"name":"State Bar of California moral character","url":"https://www.calbar.ca.gov/Admissions/Moral-Character/Factors-and-Conduct","detail":"What California weighs."},{"name":"NY Fourth Department bar admission","url":"https://nycourts.gov/courts/ad4/clerk/attymttrs/baradmin.html","detail":"Character review and advance rulings for applicants with convictions."}],"related":["real-estate-agent"],"sources":[{"url":"https://www.ncbex.org/character-fitness","title":"Character and Fitness for the Bar Exam","publisher":"National Conference of Bar Examiners (NCBE)","accessed":"2026-10-21"},{"url":"https://www.ncbex.org/character-fitness/DE","title":"Character & Fitness Investigations: Delaware (example jurisdiction page)","publisher":"National Conference of Bar Examiners (NCBE)","accessed":"2026-10-21"},{"url":"https://reports.ncbex.org/charts/chart-2/","title":"Comprehensive Guide to Bar Admission Requirements, Chart 2: Character and Fitness Determinations","publisher":"National Conference of Bar Examiners (NCBE)","accessed":"2026-10-21"},{"url":"https://ble.texas.gov/txrulebook","title":"Rules Governing Admission to the Bar of Texas","publisher":"Texas Board of Law Examiners","accessed":"2026-10-21"},{"url":"https://ble.texas.gov/Declarant_Steps_to_Admission","title":"Declarant Steps to Admission","publisher":"Texas Board of Law Examiners","accessed":"2026-10-21"},{"url":"https://www.calbar.ca.gov/Admissions/Moral-Character/Factors-and-Conduct","title":"Factors and Conduct (Moral Character)","publisher":"The State Bar of California","accessed":"2026-10-21"},{"url":"https://www.calbar.ca.gov/sites/default/files/portals/0/documents/admissions/Moral-Character-Determination-Application-Instructions.pdf","title":"Moral Character Determination Application Instructions","publisher":"The State Bar of California","accessed":"2026-10-21"},{"url":"https://nycourts.gov/courts/ad4/clerk/attymttrs/baradmin.html","title":"Bar Admission (Committee on Character and Fitness)","publisher":"New York State Supreme Court, Appellate Division, Fourth Department","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"nurse","question":"Can you be a nurse (RN/LPN) with a felony?","short_name":"Nurse (RN/LPN)","category":"licensed_job","answer":"depends","answer_line":"It depends: there is no national ban, and each state's board of nursing reviews your record case by case, but some states automatically deny licenses for certain offenses, and a felony stops you getting a multistate (compact) license.","summary":"Nursing licenses are issued by state boards of nursing, and NCSBN's guidance tells boards to weigh the nature of the crime, how it relates to nursing, how long ago it happened and what you have done since, not to apply blanket bans. Some states write mandatory denials or waiting periods into law for specific offenses (for example felonies involving force or threat of force and sex-offender registration in Texas, and certain drug, fraud and Medicaid-related felonies in Florida). Under the Nurse Licensure Compact, a felony conviction rules out a multistate license, though a single-state license may still be possible. Several states let you ask the board before you enroll or apply whether your record is likely to block you.","rules":[{"id":"board-case-by-case-review","statement":"State boards of nursing decide, and national guidance tells them to review criminal history case by case rather than apply a blanket bar.","detail":"NCSBN's Criminal Background Check (CBC) Guidelines tell boards to gather all information on an applicant's criminal history and weigh the nature and seriousness of the crime, its relationship to nursing, the time since the last offense, and the applicant's conduct since. The only automatic outcome the guidelines name is denial where the board identifies predatory sexual behavior. NCSBN's CBC FAQ says boards 'will undertake a case-by-case review of the nature of the criminal history' and that all boards ask applicants about past criminal history.","sources":[{"url":"https://www.ncsbn.org/public-files/FINAL_14_CBC_Guidelines_052914.pdf","title":"Criminal Background Check (CBC) Guidelines","publisher":"National Council of State Boards of Nursing (NCSBN)","accessed":"2026-10-21"},{"url":"https://ncsbn.org/public-files/13_CBC_FAQs_AprilUpdate.pdf","title":"Criminal Background Checks FAQs (April 2013 update)","publisher":"National Council of State Boards of Nursing (NCSBN)","accessed":"2026-10-21"}]},{"id":"nlc-multistate-felony-bar","statement":"A felony conviction (or guilty finding or agreed disposition) disqualifies you from a multistate nursing license under the Nurse Licensure Compact, but the compact does not control single-state licenses.","detail":"Nurse Licensure Compact Article III(c)(7) requires that a multistate applicant 'has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law.' Article III(c)(8) adds misdemeanors related to nursing, decided case by case. Article III(f) says the compact does not affect a state's requirements for a single-state license, so a home-state-only license may still be available.","sources":[{"url":"https://www.nursecompact.com/files/NLC_Final_050415.pdf","title":"Nurse Licensure Compact (model legislation, Articles III(c)(7)-(8) and III(f))","publisher":"Nurse Licensure Compact / NCSBN (nursecompact.com)","accessed":"2026-10-21"},{"url":"https://www.nursecompact.com/files/2023_NLC_ULRs.pdf","title":"NLC Uniform Licensure Requirements","publisher":"Nurse Licensure Compact / NCSBN (nursecompact.com)","accessed":"2026-10-21"}]},{"id":"fingerprint-background-checks","statement":"Expect a fingerprint-based state and federal criminal background check; boards see your record whether or not you disclose it.","detail":"Submitting to state and federal fingerprint-based background checks is a uniform requirement for a multistate license (NLC ULRs), and NCSBN notes that 'rap back' systems let law enforcement notify boards of later arrests of licensees. Not disclosing a conviction can itself be grounds for denial or discipline (see the California and Florida examples).","sources":[{"url":"https://www.nursecompact.com/files/2023_NLC_ULRs.pdf","title":"NLC Uniform Licensure Requirements","publisher":"Nurse Licensure Compact / NCSBN (nursecompact.com)","accessed":"2026-10-21"},{"url":"https://ncsbn.org/public-files/13_CBC_FAQs_AprilUpdate.pdf","title":"Criminal Background Checks FAQs (April 2013 update)","publisher":"National Council of State Boards of Nursing (NCSBN)","accessed":"2026-10-21"}]},{"id":"federal-health-program-exclusion-42-usc-1320a-7","statement":"Certain convictions trigger a federal exclusion of at least 5 years from Medicare, Medicaid and other federal health programs, which makes most health care employers unable to hire you even if a state licenses you.","detail":"HHS OIG must exclude people convicted of program-related crimes (Medicare/Medicaid fraud), patient abuse or neglect, felony health care fraud, theft or financial misconduct, and felony controlled-substance offenses (manufacture, distribution, prescription or dispensing), each for a minimum of 5 years. No federal program payment is made for items or services an excluded person furnishes, and employers who hire excluded people can face civil money penalties.","sources":[{"url":"https://oig.hhs.gov/exclusions/background-information-exclusion-authorities/","title":"Background Information & Exclusion Authorities","publisher":"U.S. Department of Health and Human Services, Office of Inspector General","accessed":"2026-10-22"}]},{"id":"fair-chance-licensing-laws","statement":"There is no single national rule, but several states have 'fair chance' licensing laws that limit boards to convictions related to the job and require them to weigh rehabilitation.","detail":"Examples: New York Correction Law 752 bars denying a license because of a prior conviction unless there is a direct relationship to the license or an unreasonable risk, and section 753 lists factors (time elapsed, age at the offense, seriousness, rehabilitation) and makes a certificate of relief from disabilities or good conduct a presumption of rehabilitation. California's AB 2138 (Business and Professions Code 480, operative July 1, 2020) generally limits boards to convictions within seven years of the application (except serious felonies and offenses requiring sex-offender registration under Penal Code 290(d)(2)-(3)) and bars denials based on dismissed convictions or arrests. Pennsylvania's Act 53 of 2020 bars boards from denying licenses on vague 'good moral character' or 'moral turpitude' grounds, has each board publish a schedule of offenses (marking which are directly related), requires an individualized assessment for offenses not on the schedule, and offers preliminary determinations.","sources":[{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"New York Correction Law section 752","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/753","title":"New York Correction Law section 753","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://psychology.ca.gov/laws_regs/leg_ab2138.shtml","title":"2018 Legislative Advisories: AB 2138 (Chiu)","publisher":"California Board of Psychology (Department of Consumer Affairs)","accessed":"2026-10-21"},{"url":"https://www.pa.gov/agencies/dos/resources/professional-licensing-resources/act-53-of-2020-best-practices-guide","title":"Act 53 of 2020 Best Practices Guide","publisher":"Pennsylvania Department of State","accessed":"2026-10-22"}]},{"id":"pre-application-determinations","statement":"Several states let you ask the board, before you enroll or apply, whether your record is likely to make you ineligible.","detail":"Texas: a person enrolled in or planning to enroll in a nursing program can petition the Board of Nursing for a declaratory order of eligibility (22 TAC 213.30, implementing Occupations Code 301.257 and Chapter 53 Subchapter D). Oregon: the State Board of Nursing offers a $75 predetermination for CNA, LPN, RN and APRN applicants (OAR 851-001-0111), though it is not a final determination. Pennsylvania: Act 53 lets you request a preliminary determination from a licensing board for $45 (waivable), to be issued within 45 days. Not every state offers this; Florida's Board of Nursing says its staff 'cannot make determinations in advance.'","sources":[{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-213-30","title":"22 Tex. Admin. Code 213.30 - Declaratory Order of Eligibility for Licensure","publisher":"Texas Board of Nursing rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.oregon.gov/osbn/Pages/predetermination-request.aspx","title":"Predetermination Request","publisher":"Oregon State Board of Nursing","accessed":"2026-10-21"},{"url":"https://www.pa.gov/agencies/dos/resources/professional-licensing-resources/act-53-of-2020-best-practices-guide","title":"Act 53 of 2020 Best Practices Guide","publisher":"Pennsylvania Department of State","accessed":"2026-10-22"},{"url":"https://floridasnursing.gov/?p=1532","title":"How do I self report a criminal conviction?","publisher":"Florida Board of Nursing","accessed":"2026-10-22"}]}],"barriers":[{"statement":"Mandatory denials or waiting periods for specific offenses in some states.","detail":"Texas must deny licensure for offenses listed in Occupations Code 301.4535(a), and a person is not eligible until at least five years after successfully completing and being dismissed from community supervision or parole for such an offense. Under Occupations Code Chapter 108, Subchapter B, the Texas BON must also deny anyone required to register as a sex offender, anyone previously convicted of or placed on deferred adjudication for a felony involving the use or threat of force, and anyone with certain assault or sexual-assault offenses committed against a patient while licensed as a health care professional; Chapter 108 governs when such a person can reapply. Florida must refuse a license for felonies under its Medicaid, fraud and drug chapters (ch. 409, 817, 893) unless the sentence and probation ended more than 15 years (first/second-degree), 10 years (third-degree) or 5 years (third-degree drug possession under s. 893.13(6)(a)) before applying, and for felonies under federal drug and Medicare/Medicaid laws unless they ended more than 15 years before (s. 456.0635(2)(a)-(b)). Being on the HHS-OIG exclusion list is also disqualifying (s. 456.0635(2)(e)).","sources":[{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-213-28","title":"22 Tex. Admin. Code 213.28 - Licensure of Individuals with Criminal History","publisher":"Texas Board of Nursing rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0456/Sections/0456.0635.html","title":"Florida Statutes s. 456.0635 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}]},{"statement":"Being in prison after a felony conviction or revocation automatically ends a Texas nursing license.","detail":"Under Occupations Code 53.021(b), as applied by the Texas BON, a license is revoked by operation of law on imprisonment following a felony conviction or a revocation of felony community supervision, parole or mandatory supervision.","sources":[{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-213-28","title":"22 Tex. Admin. Code 213.28 - Licensure of Individuals with Criminal History","publisher":"Texas Board of Nursing rule (via Cornell LII)","accessed":"2026-10-21"}]},{"statement":"Deferred adjudication and expunged or dismissed convictions may still have to be reported and can still count.","detail":"The Texas BON treats deferred adjudication as reviewable even if successfully completed. California's BRN tells current licensees to report convictions that were set aside or dismissed (Penal Code 1000 or 1203.4) and even expunged convictions, and says failing to disclose may be grounds for discipline. For new applicants, California's fair chance law bars denying a license based on a conviction dismissed under Penal Code 1203.4 and similar provisions (see the California AB 2138 summary).","sources":[{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-213-28","title":"22 Tex. Admin. Code 213.28 - Licensure of Individuals with Criminal History","publisher":"Texas Board of Nursing rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://rn.ca.gov/enforcement/convictions.shtml","title":"License Discipline and Convictions","publisher":"California Board of Registered Nursing","accessed":"2026-10-21"},{"url":"https://psychology.ca.gov/laws_regs/leg_ab2138.shtml","title":"2018 Legislative Advisories: AB 2138 (Chiu)","publisher":"California Board of Psychology (Department of Consumer Affairs)","accessed":"2026-10-21"}]},{"statement":"Offenses that boards treat as most serious: predatory sexual conduct, violence or abuse, crimes against patients or vulnerable people, drug distribution, and fraud or theft.","detail":"NCSBN guidance names predatory sexual behavior as a reason to deny. California's BRN lists assaultive or abusive conduct, theft or dishonesty, failure to meet mandatory reporting duties, and offenses requiring Penal Code 290 registration as substantially related to nursing (16 CCR 1444). Federal exclusion targets patient abuse, health care fraud and felony controlled-substance offenses.","sources":[{"url":"https://www.ncsbn.org/public-files/FINAL_14_CBC_Guidelines_052914.pdf","title":"Criminal Background Check (CBC) Guidelines","publisher":"National Council of State Boards of Nursing (NCSBN)","accessed":"2026-10-21"},{"url":"https://rn.ca.gov/enforcement/convictions.shtml","title":"License Discipline and Convictions","publisher":"California Board of Registered Nursing","accessed":"2026-10-21"},{"url":"https://oig.hhs.gov/exclusions/background-information-exclusion-authorities/","title":"Background Information & Exclusion Authorities","publisher":"U.S. Department of Health and Human Services, Office of Inspector General","accessed":"2026-10-22"}]}],"waivers":[{"statement":"Rehabilitation evidence can win approval, sometimes with conditions such as probation on the license.","detail":"Texas's declaratory-order rule lets the board approve licensure without conditions, approve with probationary conditions or restrictions, or deny. Florida's Board of Nursing says evidence of rehabilitation is important to board members and that denied applicants receive an Intent to Deny order they can appeal.","sources":[{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-213-30","title":"22 Tex. Admin. Code 213.30 - Declaratory Order of Eligibility for Licensure","publisher":"Texas Board of Nursing rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://floridasnursing.gov/?p=1532","title":"How do I self report a criminal conviction?","publisher":"Florida Board of Nursing","accessed":"2026-10-22"}]},{"statement":"Arrests that didn't lead to a conviction generally can't be held against you in the states checked.","detail":"The Texas BON says an arrest alone will not be used as grounds for sanction, though it may still consider evidence of the underlying conduct from its own investigation (22 TAC 213.28(l)). California's BRN says you only need to report an arrest if you were convicted, and California law bars boards from denying a license over an arrest that ended in a disposition other than a conviction.","sources":[{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-213-28","title":"22 Tex. Admin. Code 213.28 - Licensure of Individuals with Criminal History","publisher":"Texas Board of Nursing rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://rn.ca.gov/enforcement/convictions.shtml","title":"License Discipline and Convictions","publisher":"California Board of Registered Nursing","accessed":"2026-10-21"},{"url":"https://psychology.ca.gov/laws_regs/leg_ab2138.shtml","title":"2018 Legislative Advisories: AB 2138 (Chiu)","publisher":"California Board of Psychology (Department of Consumer Affairs)","accessed":"2026-10-21"}]},{"statement":"In New York, a certificate of relief from disabilities or certificate of good conduct creates a presumption of rehabilitation.","detail":"Correction Law 753(2) requires the licensing agency to give effect to the certificate for the offenses it covers.","sources":[{"url":"https://www.nysenate.gov/legislation/laws/COR/753","title":"New York Correction Law section 753","publisher":"New York State Senate","accessed":"2026-10-21"}]},{"statement":"Florida's mandatory drug/fraud bar does not apply after a completed pretrial diversion or drug court program where the plea was withdrawn or charges dismissed.","detail":"s. 456.0635(2)(a) exception; the time-based bars also end once the stated number of years has passed since the sentence and probation ended.","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0456/Sections/0456.0635.html","title":"Florida Statutes s. 456.0635 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}]}],"steps":["Get your full criminal record (state and FBI) and the court dispositions for every case, so you know exactly what a fingerprint check will show and whether each case ended in a conviction, a dismissal, deferred adjudication or an expungement.","Find the board of nursing for the state where you want to be licensed and read its criminal-history page and rules; check whether any of your offenses appear on a mandatory-denial list or carry a waiting period.","Before you pay for nursing school, ask whether that board offers a pre-application or preliminary determination (for example Texas's declaratory order, Oregon's predetermination, or Pennsylvania's Act 53 preliminary determination). If it does, use it.","Check whether your state has a fair chance licensing law (such as New York Correction Law Article 23-A, California B&P 480 or Pennsylvania Act 53) and what it lets the board consider.","If you have a health care fraud, patient abuse or felony drug-distribution conviction, check the HHS-OIG exclusion list and exclusion rules, because exclusion can block employment even with a license.","Gather rehabilitation evidence: proof that probation, fines and restitution are done, treatment records if relevant, employment history, recommendation letters, and any certificate of rehabilitation or relief.","Disclose every conviction the application asks about, exactly as asked; non-disclosure is a separate ground for denial in many states.","If you plan to work in several states, note that a felony rules out a multistate compact license, so plan around a single-state license."],"state_variation":"mostly_state","state_detail":"Mostly state: each state's board of nursing decides, under its own nurse practice act and any state fair chance licensing law. The national pieces are the Nurse Licensure Compact's felony bar for multistate licenses and federal health program exclusions. Always check the rules of the specific state board where you plan to apply.","state_examples":[{"state":"TX","statement":"The Texas Board of Nursing reviews felonies and moral-turpitude misdemeanors directly related to nursing (including deferred adjudication) using published factors, must deny for offenses listed in Occupations Code 301.4535 and under Chapter 108 (including any felony involving the use or threat of force and sex-offender registration), and lets prospective students petition for a declaratory order of eligibility before enrolling. A denied petitioner generally must wait three years to re-petition.","source":{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-213-30","title":"22 Tex. Admin. Code 213.30 - Declaratory Order of Eligibility for Licensure (see also 213.28)","publisher":"Texas Board of Nursing rule (via Cornell LII)","accessed":"2026-10-21"}},{"state":"CA","statement":"The California BRN looks at whether a conviction is substantially related to nursing (16 CCR 1444) and weighs rehabilitation factors; under California's fair chance law, boards generally may consider only convictions within seven years of the application, with exceptions for serious felonies and certain sex offenses, and may not deny based on dismissed convictions or arrests.","source":{"url":"https://rn.ca.gov/enforcement/convictions.shtml","title":"License Discipline and Convictions","publisher":"California Board of Registered Nursing","accessed":"2026-10-21"}},{"state":"FL","statement":"Florida's Board of Nursing reviews each application on its own merits, requires violent crimes and repeat offenses to be presented to the Board, and won't pre-clear offenses; Florida law separately requires denial for certain drug, fraud and Medicaid-related felonies until 5 to 15 years after the sentence and probation end.","source":{"url":"https://floridasnursing.gov/?p=1532","title":"How do I self report a criminal conviction?","publisher":"Florida Board of Nursing","accessed":"2026-10-22"}},{"state":"NY","statement":"New York's State Education Department says a prior conviction does 'not necessarily' prevent a nursing license and decides case by case; New York's Correction Law Article 23-A limits denials to convictions with a direct relationship to the license or an unreasonable risk.","source":{"url":"https://www.op.nysed.gov/professions/nursing/will-prior-criminal-conviction-prevent-me-obtaining-license-or-registration-practice-nursing-new","title":"Will a prior criminal conviction prevent me from obtaining a license or registration to practice nursing in New York?","publisher":"New York State Education Department, Office of the Professions","accessed":"2026-10-21"}}],"official_links":[{"name":"NCSBN Criminal Background Check Guidelines","url":"https://www.ncsbn.org/public-files/FINAL_14_CBC_Guidelines_052914.pdf","detail":"How national guidance tells boards to weigh criminal history."},{"name":"Texas BON declaratory order rule (22 TAC 213.30)","url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-213-30","detail":"Ask the Texas board about eligibility before or during nursing school."},{"name":"Oregon State Board of Nursing predetermination","url":"https://www.oregon.gov/osbn/Pages/predetermination-request.aspx","detail":"$75 advance opinion for CNA, LPN, RN and APRN applicants."},{"name":"Pennsylvania Act 53 preliminary determinations","url":"https://www.pa.gov/agencies/dos/resources/professional-licensing-resources/act-53-of-2020-best-practices-guide","detail":"How to ask a Pennsylvania licensing board whether a conviction is directly related."},{"name":"HHS-OIG exclusion authorities","url":"https://oig.hhs.gov/exclusions/background-information-exclusion-authorities/","detail":"Which convictions lead to exclusion from federal health programs."}],"related":["cna","doctor"],"sources":[{"url":"https://www.ncsbn.org/public-files/FINAL_14_CBC_Guidelines_052914.pdf","title":"Criminal Background Check (CBC) Guidelines","publisher":"National Council of State Boards of Nursing (NCSBN)","accessed":"2026-10-21"},{"url":"https://ncsbn.org/public-files/13_CBC_FAQs_AprilUpdate.pdf","title":"Criminal Background Checks FAQs (April 2013 update)","publisher":"National Council of State Boards of Nursing (NCSBN)","accessed":"2026-10-21"},{"url":"https://www.nursecompact.com/files/NLC_Final_050415.pdf","title":"Nurse Licensure Compact (model legislation)","publisher":"Nurse Licensure Compact / NCSBN (nursecompact.com)","accessed":"2026-10-21"},{"url":"https://www.nursecompact.com/files/2023_NLC_ULRs.pdf","title":"NLC Uniform Licensure Requirements","publisher":"Nurse Licensure Compact / NCSBN (nursecompact.com)","accessed":"2026-10-21"},{"url":"https://oig.hhs.gov/exclusions/background-information-exclusion-authorities/","title":"Background Information & Exclusion Authorities","publisher":"U.S. Department of Health and Human Services, Office of Inspector General","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-213-28","title":"22 Tex. Admin. Code 213.28 - Licensure of Individuals with Criminal History","publisher":"Texas Board of Nursing rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-213-30","title":"22 Tex. Admin. Code 213.30 - Declaratory Order of Eligibility for Licensure","publisher":"Texas Board of Nursing rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://rn.ca.gov/enforcement/convictions.shtml","title":"License Discipline and Convictions","publisher":"California Board of Registered Nursing","accessed":"2026-10-21"},{"url":"https://psychology.ca.gov/laws_regs/leg_ab2138.shtml","title":"2018 Legislative Advisories: AB 2138 (Chiu)","publisher":"California Board of Psychology (Department of Consumer Affairs)","accessed":"2026-10-21"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0456/Sections/0456.0635.html","title":"Florida Statutes s. 456.0635 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"},{"url":"https://floridasnursing.gov/?p=1532","title":"How do I self report a criminal conviction?","publisher":"Florida Board of Nursing","accessed":"2026-10-22"},{"url":"https://www.op.nysed.gov/professions/nursing/will-prior-criminal-conviction-prevent-me-obtaining-license-or-registration-practice-nursing-new","title":"Will a prior criminal conviction prevent me from obtaining a license or registration to practice nursing in New York?","publisher":"New York State Education Department, Office of the Professions","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"New York Correction Law section 752","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/753","title":"New York Correction Law section 753","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.oregon.gov/osbn/Pages/predetermination-request.aspx","title":"Predetermination Request","publisher":"Oregon State Board of Nursing","accessed":"2026-10-21"},{"url":"https://www.pa.gov/agencies/dos/resources/professional-licensing-resources/act-53-of-2020-best-practices-guide","title":"Act 53 of 2020 Best Practices Guide","publisher":"Pennsylvania Department of State","accessed":"2026-10-22"}],"last_verified":"2026-10-21"},{"slug":"real-estate-agent","question":"Can you get a real estate license with a felony?","short_name":"Real estate license","category":"licensed_job","answer":"depends","answer_line":"It depends: each state's real estate commission decides whether your record disqualifies you, focusing mostly on fraud, theft and other dishonesty offenses, and some states will give you an answer before you pay for classes.","summary":"Real estate salesperson and broker licenses are issued by state commissions or departments, which ask about criminal history, run fingerprint checks and decide whether a conviction makes you unfit. Offenses involving fraud, misrepresentation, theft or other dishonesty weigh most heavily, but commissions also look at the time elapsed and your rehabilitation. Several states have fair chance laws that limit what commissions can hold against you, and Texas and Pennsylvania let you ask for a determination before you apply.","rules":[{"id":"state-commission-fitness-review","statement":"State real estate commissions decide whether a conviction disqualifies you, usually under a good-character or fitness standard reviewed case by case.","detail":"Florida requires applicants to be 'honest, truthful, trustworthy, and of good character' (s. 475.17(1)(a)). Texas lets TREC deny a license to an applicant who fails to satisfy it as to fitness, including for a guilty or no-contest plea or conviction for an offense in its criminal offense guidelines (22 TAC 535.52). New York says no one convicted of a crime is entitled to a license unless the Secretary of State finds, under all applicable law including Correction Law Article 23-A, that the convictions are not a bar (Real Property Law 440-a).","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/Sections/0475.17.html","title":"Florida Statutes s. 475.17 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"},{"url":"https://law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-535-52","title":"22 Tex. Admin. Code 535.52 - Fitness Requirements for Individual Applicant","publisher":"Texas Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/RPP/440-A","title":"New York Real Property Law section 440-A","publisher":"New York State Senate","accessed":"2026-10-21"}]},{"id":"dishonesty-offenses-weigh-most","statement":"Offenses involving fraud, misrepresentation, theft or other dishonesty are the ones commissions most often treat as related to real estate work.","detail":"TREC treats a conviction or deferred adjudication for listed categories as directly related, including offenses involving fraud or misrepresentation, theft-type offenses against another's property, offenses against the person, Penal Code Chapter 21 sexual offenses, felony drug manufacture or delivery, and felony DWI/DUI (22 TAC 541.1(a)). California's DRE deems crimes involving fraud, forgery or willful violation of the real estate law substantially related (10 CCR 2910, as reproduced on DRE form RE 222).","sources":[{"url":"https://law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-541-1","title":"22 Tex. Admin. Code 541.1 - Criminal Offense Guidelines","publisher":"Texas Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.dre.ca.gov/files/pdf/forms/re222.pdf","title":"Applicant Eligibility Information (RE 222, Rev. 7/20)","publisher":"California Department of Real Estate","accessed":"2026-10-21"}]},{"id":"disclosure-and-fingerprints","statement":"Applications ask about convictions and pleas, and commissions run fingerprint checks, so assume your full record will be seen.","detail":"Florida's application rule requires disclosure of any conviction, guilty finding, or guilty or no-contest plea 'regardless of adjudication,' and digital fingerprints (Fla. Admin. Code 61J2-2.027(2)-(3)). California's DRE says to disclose convictions 'regardless of how long ago they occurred' and whether or not they were dismissed or expunged, and runs DOJ and FBI fingerprint checks; it warns that non-disclosure may be treated as an attempt to obtain a license by fraud.","sources":[{"url":"https://www.law.cornell.edu/regulations/florida/Fla-Admin-Code-Ann-R-61J2-2-027","title":"Fla. Admin. Code R. 61J2-2.027 - Applications by Individuals","publisher":"Florida Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.dre.ca.gov/Licensees/AvoidDenial.html","title":"Help Avoid DENIAL of Your License Application","publisher":"California Department of Real Estate","accessed":"2026-10-21"}]},{"id":"pre-application-determinations","statement":"Some states let you ask the commission before you apply whether your record will keep you out.","detail":"Texas: you can ask TREC to evaluate your eligibility on a Commission form with a fee (22 TAC 541.2, implementing Occupations Code Chapter 53 Subchapter D and section 1101.353); TREC's 'Fitness Determination' page is the entry point. Pennsylvania: Act 53 of 2020 lets you request a preliminary determination from a licensing board ($45, waivable; issued within 45 days). The California and Florida pages read did not describe a pre-application option.","sources":[{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-541-2","title":"22 Tex. Admin. Code 541.2 - Criminal History Evaluation Letters/Determination of Fitness","publisher":"Texas Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.pa.gov/agencies/dos/resources/professional-licensing-resources/act-53-of-2020-best-practices-guide","title":"Act 53 of 2020 Best Practices Guide","publisher":"Pennsylvania Department of State","accessed":"2026-10-21"}]},{"id":"fair-chance-licensing-laws","statement":"There's no national rule, but several states have fair chance licensing laws that limit commissions to job-related convictions and require them to weigh rehabilitation.","detail":"New York Correction Law 752-753 bars license denials based on a prior conviction unless there is a direct relationship or an unreasonable risk, and lists factors to weigh. California's AB 2138 (Business and Professions Code 480, operative July 1, 2020) generally limits boards to convictions within seven years, with exceptions, and bars denials based on dismissed convictions or arrests. Pennsylvania's Act 53 bars boards from denying licenses on vague 'good moral character' or 'moral turpitude' grounds, has each board publish a schedule of offenses (marking which are directly related), and requires an individualized assessment for offenses not on the schedule.","sources":[{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"New York Correction Law section 752","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/753","title":"New York Correction Law section 753","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://psychology.ca.gov/laws_regs/leg_ab2138.shtml","title":"2018 Legislative Advisories: AB 2138 (Chiu)","publisher":"California Board of Psychology (Department of Consumer Affairs)","accessed":"2026-10-21"},{"url":"https://www.pa.gov/agencies/dos/resources/professional-licensing-resources/act-53-of-2020-best-practices-guide","title":"Act 53 of 2020 Best Practices Guide","publisher":"Pennsylvania Department of State","accessed":"2026-10-21"}]}],"barriers":[{"statement":"Leaving a conviction off the application can sink it even if the conviction itself wouldn't have.","detail":"California's DRE says failure to disclose may be viewed as an attempt to obtain a license by fraud or misrepresentation and could result in denial. TREC lists providing false or misleading information as a fitness ground (22 TAC 535.52(b)(3)).","sources":[{"url":"https://www.dre.ca.gov/Licensees/AvoidDenial.html","title":"Help Avoid DENIAL of Your License Application","publisher":"California Department of Real Estate","accessed":"2026-10-21"},{"url":"https://law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-535-52","title":"22 Tex. Admin. Code 535.52","publisher":"Texas Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"}]},{"statement":"A very recent conviction is hard to overcome.","detail":"California's DRE rehabilitation criteria say that less than two years since the most recent criminal conviction is inadequate to show rehabilitation, and the period can be longer depending on the crime and history (10 CCR 2911(a)(1)(A), on RE 222).","sources":[{"url":"https://www.dre.ca.gov/files/pdf/forms/re222.pdf","title":"Applicant Eligibility Information (RE 222, Rev. 7/20)","publisher":"California Department of Real Estate","accessed":"2026-10-21"}]},{"statement":"Mortgage lending work has a stricter rule.","detail":"In California, no mortgage loan originator endorsement may be issued to someone convicted of any felony in the seven years before applying (10 CCR 2911(b)(1), on RE 222). That applies to the endorsement, not to the basic salesperson license.","sources":[{"url":"https://www.dre.ca.gov/files/pdf/forms/re222.pdf","title":"Applicant Eligibility Information (RE 222, Rev. 7/20)","publisher":"California Department of Real Estate","accessed":"2026-10-21"}]},{"statement":"Deferred adjudication can count like a conviction.","detail":"In Texas, a deferred adjudication deemed a conviction under Occupations Code 53.021 is treated as a conviction for TREC's listed offense categories.","sources":[{"url":"https://law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-541-1","title":"22 Tex. Admin. Code 541.1 - Criminal Offense Guidelines","publisher":"Texas Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"}]}],"waivers":[{"statement":"Time and good conduct can overcome a past record.","detail":"Florida law lets the commission find an applicant qualified despite past conduct if, 'because of lapse of time and subsequent good conduct and reputation, or other reason deemed sufficient,' the public and investors will not likely be endangered (s. 475.17(1)(a)). TREC weighs time since the last criminal activity, rehabilitation, compliance with supervision and recommendation letters (22 TAC 541.1(d)).","sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/Sections/0475.17.html","title":"Florida Statutes s. 475.17 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"},{"url":"https://law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-541-1","title":"22 Tex. Admin. Code 541.1 - Criminal Offense Guidelines","publisher":"Texas Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"}]},{"statement":"Arrests without a conviction, and some cleared convictions, shouldn't be held against you in the states checked.","detail":"TREC 'does not consider an arrest that did not result in a conviction' (22 TAC 541.1(f)). California's DRE requires no rehabilitation showing where the only basis for denial is a conviction expunged as described in B&P 480(c) (10 CCR 2911(a)(1)(B)(ii)), even though it still asks you to disclose it.","sources":[{"url":"https://law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-541-1","title":"22 Tex. Admin. Code 541.1 - Criminal Offense Guidelines","publisher":"Texas Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.dre.ca.gov/files/pdf/forms/re222.pdf","title":"Applicant Eligibility Information (RE 222, Rev. 7/20)","publisher":"California Department of Real Estate","accessed":"2026-10-21"}]},{"statement":"In New York, a certificate of relief from disabilities or of good conduct creates a presumption of rehabilitation.","detail":"Correction Law 753(2); the Secretary of State must apply Article 23-A when deciding whether a conviction bars a real estate license (Real Property Law 440-a).","sources":[{"url":"https://www.nysenate.gov/legislation/laws/COR/753","title":"New York Correction Law section 753","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/RPP/440-A","title":"New York Real Property Law section 440-A","publisher":"New York State Senate","accessed":"2026-10-21"}]},{"statement":"A denial can usually be challenged.","detail":"California's DRE says you can ask the Commissioner to reconsider (Government Code 11521) or seek judicial review (Government Code 11523).","sources":[{"url":"https://www.dre.ca.gov/Licensees/AvoidDenial.html","title":"Help Avoid DENIAL of Your License Application","publisher":"California Department of Real Estate","accessed":"2026-10-21"}]}],"steps":["Get your full criminal record and certified court dispositions for every case.","Find your state's real estate commission or department and read its criminal-history guidance, offense guidelines and application questions.","Compare your offenses to what that state treats as related to real estate (usually fraud, theft, forgery and other dishonesty, plus some violent, sexual and drug-distribution offenses).","If your state offers a pre-application determination (for example TREC's fitness determination in Texas, or a Pennsylvania Act 53 preliminary determination), request it before paying for pre-licensing courses.","Check whether your state has a fair chance licensing law and whether you can get a certificate of rehabilitation, relief or good conduct, a pardon, or an expungement that the law recognizes.","Collect rehabilitation evidence: proof that your sentence, probation, fines and restitution are complete, employment history and recommendation letters.","Answer every criminal-history question on the application fully, including dismissed or expunged matters if the application asks for them.","If denied, read the notice for your right to reconsideration, a hearing or court review, and the deadline."],"state_variation":"mostly_state","state_detail":"Mostly state: there is no federal license for real estate agents. Each state's commission sets its own standards, offense guidelines and procedures, and state fair chance laws differ. Check the commission in the state where you want to work.","state_examples":[{"state":"TX","statement":"TREC treats listed offenses (fraud, theft-type and property offenses, offenses against the person, sexual offenses, felony drug delivery, felony DWI) as directly related, weighs time and rehabilitation, ignores arrests without conviction, and lets you request an eligibility evaluation before applying.","source":{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-541-2","title":"22 Tex. Admin. Code 541.2 - Criminal History Evaluation Letters/Determination of Fitness (see also 541.1)","publisher":"Texas Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"}},{"state":"FL","statement":"The Florida Real Estate Commission requires good character, requires disclosure of convictions and pleas regardless of adjudication, and can approve applicants with a record when lapse of time and later good conduct show the public won't likely be endangered.","source":{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/Sections/0475.17.html","title":"Florida Statutes s. 475.17 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"}},{"state":"CA","statement":"California's DRE fingerprints every applicant, requires disclosure of all convictions (even dismissed or expunged ones), treats fraud, forgery and real estate law violations as substantially related, and generally considers less than two years since the latest conviction too soon to show rehabilitation.","source":{"url":"https://www.dre.ca.gov/Licensees/AvoidDenial.html","title":"Help Avoid DENIAL of Your License Application","publisher":"California Department of Real Estate","accessed":"2026-10-21"}},{"state":"NY","statement":"New York's Department of State can license someone with a criminal conviction only if the Secretary of State finds, applying Correction Law Article 23-A, that the convictions are not a bar.","source":{"url":"https://www.nysenate.gov/legislation/laws/RPP/440-A","title":"New York Real Property Law section 440-A","publisher":"New York State Senate","accessed":"2026-10-21"}}],"official_links":[{"name":"TREC fitness determination (Texas)","url":"https://www.trec.texas.gov/forms/fitness-determination","detail":"Find out before applying if your record will keep you from a Texas license."},{"name":"California DRE: avoid denial of your application","url":"https://www.dre.ca.gov/Licensees/AvoidDenial.html","detail":"What California requires you to disclose."},{"name":"Pennsylvania Act 53 preliminary determinations","url":"https://www.pa.gov/agencies/dos/resources/professional-licensing-resources/act-53-of-2020-best-practices-guide","detail":"How to ask a Pennsylvania board whether a conviction is directly related."}],"related":["lawyer"],"sources":[{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/Sections/0475.17.html","title":"Florida Statutes s. 475.17 (2026)","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/florida/Fla-Admin-Code-Ann-R-61J2-2-027","title":"Fla. Admin. Code R. 61J2-2.027 - Applications by Individuals","publisher":"Florida Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-535-52","title":"22 Tex. Admin. Code 535.52 - Fitness Requirements for Individual Applicant","publisher":"Texas Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-541-1","title":"22 Tex. Admin. Code 541.1 - Criminal Offense Guidelines","publisher":"Texas Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-541-2","title":"22 Tex. Admin. Code 541.2 - Criminal History Evaluation Letters/Determination of Fitness","publisher":"Texas Real Estate Commission rule (via Cornell LII)","accessed":"2026-10-21"},{"url":"https://www.dre.ca.gov/Licensees/AvoidDenial.html","title":"Help Avoid DENIAL of Your License Application","publisher":"California Department of Real Estate","accessed":"2026-10-21"},{"url":"https://www.dre.ca.gov/files/pdf/forms/re222.pdf","title":"Applicant Eligibility Information (RE 222, Rev. 7/20)","publisher":"California Department of Real Estate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/RPP/440-A","title":"New York Real Property Law section 440-A","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"New York Correction Law section 752","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://www.nysenate.gov/legislation/laws/COR/753","title":"New York Correction Law section 753","publisher":"New York State Senate","accessed":"2026-10-21"},{"url":"https://psychology.ca.gov/laws_regs/leg_ab2138.shtml","title":"2018 Legislative Advisories: AB 2138 (Chiu)","publisher":"California Board of Psychology (Department of Consumer Affairs)","accessed":"2026-10-21"},{"url":"https://www.pa.gov/agencies/dos/resources/professional-licensing-resources/act-53-of-2020-best-practices-guide","title":"Act 53 of 2020 Best Practices Guide","publisher":"Pennsylvania Department of State","accessed":"2026-10-21"}],"last_verified":"2026-10-21"},{"slug":"teacher","question":"Can you become a teacher with a felony?","short_name":"Teacher","category":"licensed_job","answer":"depends","answer_line":"It depends on the state and the offense: every state we checked fingerprints teaching applicants, and some offenses (sex offenses, violent felonies and crimes against children especially) bar certification by law, but other felonies are often reviewed case by case, sometimes after a waiting period.","summary":"Teaching certificates and school jobs are controlled by states, not the federal government. The common pattern is a fingerprint-based state and FBI background check, a list of offenses that require denial or revocation, and case-by-case review of everything else. California must deny credentials for sex offenses and violent or serious felonies (with narrow routes through a certificate of rehabilitation and pardon) and limits denials for old simple drug possession that has been cleared; Texas must deny or revoke for sex-offender-registration offenses, felonies against the person and some other crimes, and since June 2025 also suspends certificates on arrest for those offenses; Pennsylvania's School Code has lifetime and 3- to 10-year bans that courts have limited, so schools apply them case by case; and New York decides clearance under its fair chance law, Correction Law Article 23-A. Some states, such as Texas, will tell you before you enroll whether your record is likely to block you.","rules":[{"id":"state-certification-and-background-checks","statement":"There's no federal teaching license; states certify teachers and run the background checks, typically fingerprint-based state and FBI checks.","detail":"Examples: New York requires a fingerprint-based state and FBI criminal history search of every applicant for a teaching certificate (Education Law 3004-b) and of prospective school employees (3035). Pennsylvania requires a Pennsylvania State Police criminal history check, a Department of Human Services child abuse clearance and an FBI check for school employees, renewed every 60 months. Texas requires fingerprints for a national criminal history check when you apply for certification. California requires every credential applicant, including renewals, to submit fingerprint cards (Education Code 44340).","sources":[{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=44340","title":"California Education Code § 44340","publisher":"California Legislative Information","accessed":"2026-10-22"},{"url":"https://www.nysenate.gov/legislation/laws/EDN/3004-B","title":"New York Education Law § 3004-b: Special procedures for certification","publisher":"New York State Senate","accessed":"2026-10-22"},{"url":"https://www.nysenate.gov/legislation/laws/EDN/3035","title":"New York Education Law § 3035: Duties of commissioner; submission of fingerprints","publisher":"New York State Senate","accessed":"2026-10-22"},{"url":"https://www.pa.gov/agencies/education/resources/policies-acts-and-laws/basic-education-circulars-becs/purdons-statutes/background-checks","title":"Basic Education Circular: Background Checks (24 P.S. 1-111)","publisher":"Pennsylvania Department of Education","accessed":"2026-10-22"},{"url":"https://tea.texas.gov/educators/investigations/preliminary-criminal-history-evaluation-faqs","title":"Preliminary Criminal History Evaluation FAQs","publisher":"Texas Education Agency","accessed":"2026-10-22"}]},{"id":"mandatory-bars-for-listed-offenses","statement":"Many states list offenses that require denial or revocation of a teaching certificate; sex offenses, violent felonies and crimes against children are the most common.","detail":"California must deny a credential to anyone convicted of a sex offense (Education Code 44010) or a controlled substance offense (44011), anyone required to register as a sex offender (44346), and anyone convicted of a violent or serious felony as listed in Penal Code 667.5(c) and 1192.7(c) (44346.1). Texas must deny or revoke a certificate for a conviction or deferred adjudication for an offense requiring sex-offender registration, improper relationship between educator and student (Penal Code 21.12), sale, distribution or display of harmful material to a minor (43.24), a felony under Penal Code chapter 43 (public indecency) or a felony involving school property, and for a conviction of any felony under Penal Code Title 5, 'Offenses Against the Person' (which includes criminal homicide, sexual offenses and assaultive offenses) (Education Code 22A.201(a), (f)).","sources":[{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=44346","title":"California Education Code § 44346","publisher":"California Legislative Information","accessed":"2026-10-22"},{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=44346.1","title":"California Education Code § 44346.1","publisher":"California Legislative Information","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/ED/htm/ED.22A.htm","title":"Texas Education Code Chapter 22A (including § 22A.201)","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm","title":"Texas Penal Code Title 5, Chapter 21: Sexual Offenses (including § 21.12)","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.43.htm","title":"Texas Penal Code Chapter 43: Public Indecency (including § 43.24)","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm","title":"Texas Penal Code Title 5 (Offenses Against the Person), Chapter 19: Criminal Homicide","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm","title":"Texas Penal Code Title 5, Chapter 22: Assaultive Offenses","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"}]},{"id":"case-by-case-for-other-records","statement":"Outside the mandatory lists, a record is usually weighed case by case, and some states require a link between the offense and teaching before denying.","detail":"New York must decide school clearance under Correction Law Article 23-A, which bars denial because of a prior conviction unless the offense is directly related to the job or employment would involve an unreasonable risk, and gives a denied applicant notice and a right to be heard (Education Law 3035(3); Correction Law 752). Texas may deny or sanction for a felony or misdemeanor related to the duties of the profession, including moral turpitude, abuse of a minor or student, felony drug possession, transfer, sale or distribution, misuse of school funds or property, and certificate fraud (Education Code 21.060).","sources":[{"url":"https://www.nysenate.gov/legislation/laws/EDN/3035","title":"New York Education Law § 3035: Duties of commissioner; submission of fingerprints","publisher":"New York State Senate","accessed":"2026-10-22"},{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"New York Correction Law § 752","publisher":"New York State Senate","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/ED/htm/ED.21.htm","title":"Texas Education Code Chapter 21 (including § 21.060)","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"}]},{"id":"school-employment-bans-pa-section-111","statement":"Some states also bar school employment directly, separate from the license, for set periods.","detail":"Pennsylvania's School Code bars school employment for life for a conviction of listed offenses (24 P.S. 1-111(e)): criminal homicide, aggravated assault, stalking, kidnapping, unlawful restraint, luring a child, rape and other listed sexual offenses (including indecent assault and indecent exposure), incest, endangering the welfare of children, corruption of minors under 6301(a)(1), sexual abuse or exploitation of children, unlawful contact with a minor, certain felony prostitution and obscenity offenses, any felony under the state's Controlled Substance Act, and similar offenses in other jurisdictions. For other convictions, Section 111(f.1) allows employment only after time has passed since the sentence expired: 10 years for any other first-, second- or third-degree felony, 5 years for any other first-degree misdemeanor, and 3 years after the most recent sentence for more than one DUI graded as a first-degree misdemeanor. Pennsylvania's Department of Education says the Commonwealth Court held in 2012 that the lifetime bans were unconstitutional as applied to the people in those cases, and tells schools to apply all the Section 111 bans case by case, considering the offense, time elapsed, whether it was isolated, later record, the job and rehabilitation; it says offenses that implicate children's safety presumptively still require a ban. In Texas, schools must refuse to hire people with the offenses listed in 22A.201, except that a Title 5 offense more than 30 years old with all court terms satisfied doesn't bar employment (22A.157(b)); that exception doesn't appear in the certification bar.","sources":[{"url":"https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=HTM&SessYr=1949&ActNum=0014.&SessInd=0","title":"Public School Code of 1949, Section 111 (24 P.S. 1-111), subsections (e) and (f.1)","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"},{"url":"https://www.pa.gov/agencies/education/resources/policies-acts-and-laws/basic-education-circulars-becs/purdons-statutes/background-checks","title":"Basic Education Circular: Background Checks (24 P.S. 1-111)","publisher":"Pennsylvania Department of Education","accessed":"2026-10-22"},{"url":"https://www.pa.gov/agencies/education/programs-and-services/educators/clearances/acts-laws-and-regulations/act-82-guidance","title":"PDE Guidance on Recent Commonwealth Court Rulings Concerning Act 24 of 2011 (Section 111(e) of the School Code)","publisher":"Pennsylvania Department of Education","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/ED/htm/ED.22A.htm","title":"Texas Education Code Chapter 22A (including § 22A.157)","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"}]},{"id":"federal-pieces","statement":"The federal role is limited: states that take federal K-12 funds must ban 'passing the trash', and federally funded child care has its own disqualifying-crime list.","detail":"20 U.S.C. 7926 (Every Student Succeeds Act section 8546) requires states or districts receiving federal education funds to prohibit school staff from helping someone get a new school job when they know or have probable cause to believe the person engaged in sexual misconduct with a minor or student. For child care providers receiving federal Child Care and Development Block Grant funds (including many preschool and child care teachers), 42 U.S.C. 9858f(c) bars staff who are on a sex offender registry or have felony convictions for murder, child abuse or neglect, crimes against children, spousal abuse, rape or sexual assault, kidnapping, arson, or physical assault or battery, a drug-related felony in the past 5 years, or certain violent misdemeanors against children; states may set up a review that allows the drug-felony bar to be lifted (9858f(e)(4)).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/20/7926","title":"20 U.S. Code § 7926: Prohibition on aiding and abetting sexual abuse","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/42/9858f","title":"42 U.S. Code § 9858f: Criminal background checks (child care)","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"}]}],"barriers":[{"statement":"In Texas, an arrest for a listed offense now leads to a temporary suspension of an educator's certificate until the case is resolved.","detail":"Education Code 22A.203, added by S.B. 571 (effective June 20, 2025): the State Board for Educator Certification must temporarily suspend a certificate on arrest for an offense listed in 22A.201(a), and a hearing on revocation follows the final disposition. People who are ineligible are also listed on the Texas Education Agency's registry of persons not eligible for employment (22A.151).","sources":[{"url":"https://statutes.capitol.texas.gov/Docs/ED/htm/ED.22A.htm","title":"Texas Education Code Chapter 22A (including §§ 22A.151, 22A.203)","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"}]},{"statement":"Deferred adjudication can count in Texas, and prison time ends a Texas certificate automatically.","detail":"Texas Education Code 22A.201(a)(1) applies to deferred adjudication as well as convictions for the listed sex and school-related offenses. Under Occupations Code 53.021(b), as TEA explains it, a certificate is revoked by operation of law on imprisonment after a felony conviction or a revocation of community supervision, parole or mandatory supervision, and you can't reapply for 5 years from the revocation (19 TAC 249.44(b)).","sources":[{"url":"https://statutes.capitol.texas.gov/Docs/ED/htm/ED.22A.htm","title":"Texas Education Code Chapter 22A (including § 22A.201)","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"},{"url":"https://tea.texas.gov/educators/investigations/preliminary-criminal-history-evaluation-faqs","title":"Preliminary Criminal History Evaluation FAQs","publisher":"Texas Education Agency","accessed":"2026-10-22"}]},{"statement":"Arrests must be disclosed in some states even if charges were dropped.","detail":"Pennsylvania's PDE-6004 form requires school employees to report arrests and convictions for Section 111 offenses, and PDE says withdrawn charges don't change whether an arrest occurred; it does not require disclosure of records that were legally expunged. Failing to disclose can lead to discipline or termination.","sources":[{"url":"https://www.pa.gov/agencies/education/resources/policies-acts-and-laws/basic-education-circulars-becs/purdons-statutes/background-checks","title":"Basic Education Circular: Background Checks (24 P.S. 1-111)","publisher":"Pennsylvania Department of Education","accessed":"2026-10-22"}]},{"statement":"Sex-offender registration is a near-universal bar.","detail":"California must deny a credential to anyone required to register (Education Code 44346(b)(2)), Texas lists registration offenses among its mandatory bars (22A.201(a)(1)(A)), and federally funded child care bars registrants (42 U.S.C. 9858f(c)(1)(C)).","sources":[{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=44346","title":"California Education Code § 44346","publisher":"California Legislative Information","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/ED/htm/ED.22A.htm","title":"Texas Education Code Chapter 22A (including § 22A.201)","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/42/9858f","title":"42 U.S. Code § 9858f: Criminal background checks (child care)","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"}]}],"waivers":[{"statement":"Texas: ask TEA for a Preliminary Criminal History Evaluation before you enroll in a preparation program.","detail":"The evaluation costs a non-refundable $50, is voluntary and non-binding, and TEA says it will send a letter within 90 calendar days. It is based on the criminal history you report and a name-based Texas Department of Public Safety check, so incomplete information can make it inaccurate. You can ask if you are enrolled or plan to enroll in an educator preparation program, or plan to take a certification exam, and believe a felony or misdemeanor conviction or deferred adjudication may make you ineligible. It doesn't replace the fingerprint check when you apply.","sources":[{"url":"https://tea.texas.gov/educators/investigations/preliminary-criminal-history-evaluation-faqs","title":"Preliminary Criminal History Evaluation FAQs","publisher":"Texas Education Agency","accessed":"2026-10-22"}]},{"statement":"California: a certificate of rehabilitation and pardon, record relief, or 5 years of rehabilitation can reopen the door for some offenses.","detail":"Education Code 44346(b)-(c): a sex offense or controlled substance conviction isn't by itself a bar if you have a certificate of rehabilitation and pardon and the case was dismissed under Penal Code 1203.4 (registrants are still denied); the Commission may credential someone with a controlled substance offense after at least 5 years of rehabilitation or 1203.4 relief; and since January 1, 2023 (SB 731) a simple-possession conviction (Health and Safety Code 11350 or 11377) more than 5 years old that has been granted record relief can't be the only reason for denial. For violent or serious felonies, the Commission may, but doesn't have to, grant a credential to someone with a certificate of rehabilitation and pardon (44346.1(d)).","sources":[{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=44346","title":"California Education Code § 44346","publisher":"California Legislative Information","accessed":"2026-10-22"},{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=44346.1","title":"California Education Code § 44346.1","publisher":"California Legislative Information","accessed":"2026-10-22"}]},{"statement":"New York: if you're denied clearance, you have the right to be heard and offer proof.","detail":"Education Law 3035(3)(a). Correction Law Article 23-A factors, such as time since the offense and rehabilitation, apply to the decision.","sources":[{"url":"https://www.nysenate.gov/legislation/laws/EDN/3035","title":"New York Education Law § 3035: Duties of commissioner; submission of fingerprints","publisher":"New York State Senate","accessed":"2026-10-22"}]},{"statement":"Pennsylvania: schools may decline to apply a Section 111 ban where applying it would be unconstitutional for that person, after an individual review documented with a lawyer's opinion.","detail":"PDE says it would not sanction a school official who, after due diligence and in consultation with counsel, concludes in good faith that applying Section 111 to an individual would be unconstitutional, and that rehabilitation evidence is one of the factors to weigh.","sources":[{"url":"https://www.pa.gov/agencies/education/programs-and-services/educators/clearances/acts-laws-and-regulations/act-82-guidance","title":"PDE Guidance on Recent Commonwealth Court Rulings Concerning Act 24 of 2011 (Section 111(e) of the School Code)","publisher":"Pennsylvania Department of Education","accessed":"2026-10-22"}]}],"steps":["Get your full criminal record (state and FBI) and the court dispositions, so you know what a fingerprint check will show, including any deferred adjudication, dismissals and expungements.","Pick the state where you want to teach and read its education department's criminal-history rules: the list of offenses that require denial, any waiting periods, and whether it uses a fair chance standard.","Before paying for a teacher preparation program, ask whether the state offers an advance review (for example Texas's Preliminary Criminal History Evaluation) and use it if so.","Check whether record relief (expungement, dismissal, a certificate of rehabilitation, a pardon) would change the outcome in that state, and pursue it if it would.","Disclose every arrest and conviction the application asks about, exactly as asked; non-disclosure is a separate reason for denial or firing in several states.","Gather rehabilitation evidence: completed sentence, work history (especially with young people), education, treatment and references.","If you're denied, use the hearing or appeal process the state provides."],"state_variation":"mostly_state","state_detail":"Mostly state: each state's education agency or credentialing board decides who can be certified, and state law also controls school hiring. The federal pieces are the anti-'passing the trash' requirement for states taking federal K-12 money and the separate disqualifying-crime list for federally funded child care. Private schools may have different rules; check the state.","state_examples":[{"state":"TX","statement":"Texas must deny or revoke a certificate for sex-offender-registration offenses, felonies against the person and certain other offenses (Education Code 22A.201, moved from 21.058 in 2025), may sanction for other offenses related to teaching, suspends certificates on arrest for listed offenses since June 20, 2025, and offers a $50 non-binding Preliminary Criminal History Evaluation before you enroll.","source":{"url":"https://tea.texas.gov/educators/investigations/preliminary-criminal-history-evaluation-faqs","title":"Preliminary Criminal History Evaluation FAQs","publisher":"Texas Education Agency","accessed":"2026-10-22"}},{"state":"CA","statement":"California's Commission on Teacher Credentialing must deny credentials for sex offenses, controlled substance offenses, sex-offender registration and violent or serious felonies, with exceptions through a certificate of rehabilitation and pardon, record relief, or (for drug offenses) 5 years of rehabilitation.","source":{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=44346","title":"California Education Code § 44346 (see also § 44346.1)","publisher":"California Legislative Information","accessed":"2026-10-22"}},{"state":"PA","statement":"Pennsylvania's School Code has lifetime bans for certain offenses and 10-, 5- and 3-year bans for others, but after 2012 Commonwealth Court rulings the Department of Education tells schools to apply them case by case, with offenses involving children's safety presumptively still barring employment.","source":{"url":"https://www.pa.gov/agencies/education/programs-and-services/educators/clearances/acts-laws-and-regulations/act-82-guidance","title":"PDE Guidance on Recent Commonwealth Court Rulings Concerning Act 24 of 2011","publisher":"Pennsylvania Department of Education","accessed":"2026-10-22"}},{"state":"NY","statement":"New York fingerprints certification applicants and school job applicants and must decide clearance under Correction Law Article 23-A, so a conviction leads to denial only if it is directly related to the job or poses an unreasonable risk, and a denied applicant gets a hearing.","source":{"url":"https://www.nysenate.gov/legislation/laws/EDN/3035","title":"New York Education Law § 3035","publisher":"New York State Senate","accessed":"2026-10-22"}}],"official_links":[{"name":"Texas Education Agency: Preliminary Criminal History Evaluation","url":"https://tea.texas.gov/educators/investigations/preliminary-criminal-history-evaluation-faqs","detail":"Ask TEA about your eligibility before you enroll ($50)."},{"name":"Pennsylvania Department of Education: Background checks","url":"https://www.pa.gov/agencies/education/resources/policies-acts-and-laws/basic-education-circulars-becs/purdons-statutes/background-checks","detail":"Required clearances and the Section 111 employment bans."},{"name":"California Education Code § 44346","url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=44346","detail":"Offenses that require denial of a California teaching credential, and the exceptions."},{"name":"New York Education Law § 3035","url":"https://www.nysenate.gov/legislation/laws/EDN/3035","detail":"How New York decides school employment clearance."}],"related":["adopt","college","cna"],"sources":[{"url":"https://www.law.cornell.edu/uscode/text/20/7926","title":"20 U.S. Code § 7926: Prohibition on aiding and abetting sexual abuse","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/42/9858f","title":"42 U.S. Code § 9858f: Criminal background checks (child care)","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://tea.texas.gov/educators/investigations/preliminary-criminal-history-evaluation-faqs","title":"Preliminary Criminal History Evaluation FAQs","publisher":"Texas Education Agency","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/ED/htm/ED.22A.htm","title":"Texas Education Code Chapter 22A","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/ED/htm/ED.21.htm","title":"Texas Education Code Chapter 21","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"},{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=44340","title":"California Education Code § 44340","publisher":"California Legislative Information","accessed":"2026-10-22"},{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=44346","title":"California Education Code § 44346","publisher":"California Legislative Information","accessed":"2026-10-22"},{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=44346.1","title":"California Education Code § 44346.1","publisher":"California Legislative Information","accessed":"2026-10-22"},{"url":"https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=HTM&SessYr=1949&ActNum=0014.&SessInd=0","title":"Public School Code of 1949, Section 111 (24 P.S. 1-111)","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"},{"url":"https://www.pa.gov/agencies/education/resources/policies-acts-and-laws/basic-education-circulars-becs/purdons-statutes/background-checks","title":"Basic Education Circular: Background Checks (24 P.S. 1-111)","publisher":"Pennsylvania Department of Education","accessed":"2026-10-22"},{"url":"https://www.pa.gov/agencies/education/programs-and-services/educators/clearances/acts-laws-and-regulations/act-82-guidance","title":"PDE Guidance on Recent Commonwealth Court Rulings Concerning Act 24 of 2011","publisher":"Pennsylvania Department of Education","accessed":"2026-10-22"},{"url":"https://www.nysenate.gov/legislation/laws/EDN/3004-B","title":"New York Education Law § 3004-b","publisher":"New York State Senate","accessed":"2026-10-22"},{"url":"https://www.nysenate.gov/legislation/laws/EDN/3035","title":"New York Education Law § 3035","publisher":"New York State Senate","accessed":"2026-10-22"},{"url":"https://www.nysenate.gov/legislation/laws/COR/752","title":"New York Correction Law § 752","publisher":"New York State Senate","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm","title":"Texas Penal Code Title 5, Chapter 21: Sexual Offenses (including § 21.12)","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.43.htm","title":"Texas Penal Code Chapter 43: Public Indecency (including § 43.24)","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm","title":"Texas Penal Code Title 5 (Offenses Against the Person), Chapter 19: Criminal Homicide","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"},{"url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm","title":"Texas Penal Code Title 5, Chapter 22: Assaultive Offenses","publisher":"Texas Legislature (Texas Constitution and Statutes)","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"college","question":"Can you go to college or get financial aid with a felony?","short_name":"College and financial aid","category":"education","answer":"usually_yes","answer_line":"Usually yes: a felony doesn't bar you from federal student aid, drug convictions no longer affect it, and the Common App dropped its criminal history question in 2019, but some colleges still ask, and while you're incarcerated you can get a Pell Grant only through an approved prison education program and can't get federal student loans.","summary":"Federal Student Aid says drug convictions no longer affect eligibility for federal student aid, and since July 1, 2023 people subject to an involuntary civil commitment after a sexual offense may also get Pell Grants. If you are serving a sentence in a prison, jail or juvenile facility, you can get a Pell Grant only if you are enrolled in an approved prison education program, and you can't get federal student loans until you are released; people on probation or parole, in a halfway house or on home detention are not treated as incarcerated. Admission is up to each college: the Common App removed criminal history from its common application on August 1, 2019, but member colleges may still ask on their own questions, and some states, such as Maryland and Louisiana, limit when colleges may ask. Programs that lead to a license (such as nursing or teaching) can carry their own record-based limits, so check the license before you enroll.","rules":[{"id":"drug-convictions-no-longer-count","statement":"A drug conviction no longer affects your eligibility for federal student aid.","detail":"The FAFSA Simplification Act (part of the Consolidated Appropriations Act, 2021) removed the suspension of federal student aid for drug-related convictions. The Department of Education announced early implementation in a Federal Register notice effective June 17, 2021 (86 FR 32252), phased in across the 2021-22 to 2023-24 award years, and Federal Student Aid's student pages now say 'Drug convictions no longer affect federal student aid eligibility.' The same law ended the Selective Service registration requirement for aid.","sources":[{"url":"https://studentaid.gov/understand-aid/eligibility/requirements/criminal-convictions","title":"Eligibility for Students With Criminal Convictions","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2021/06/17/2021-12762/early-implementation-of-the-fafsa-simplification-acts-removal-of-requirements-for-title-iv","title":"Early Implementation of the FAFSA Simplification Act's Removal of Requirements for Title IV Eligibility Related to Selective Service Registration and Drug-Related Convictions (86 FR 32252)","publisher":"Federal Register (U.S. Department of Education)","accessed":"2026-10-22"}]},{"id":"pell-in-prison-education-programs","statement":"Since July 1, 2023, people in prison or jail can get a Pell Grant, but only if they are enrolled in an approved prison education program.","detail":"The FAFSA Simplification Act restored Pell Grant eligibility to confined or incarcerated individuals for the first time since 1994, on the condition that they be enrolled or accepted in an eligible prison education program (PEP), as described in Dear Colleague Letter GEN-23-05. Final rules (87 FR 65426, October 28, 2022; 34 CFR part 668, subpart P) took effect July 1, 2023. A PEP must be offered by a public or private nonprofit college approved by the state department of corrections or the Federal Bureau of Prisons (the 'oversight entity'), its credits must transfer to at least one college in the state, and after two years the oversight entity must review it and find that it is serving students' interests (34 CFR 668.236, 668.241). For-profit colleges can't offer PEPs. Incarcerated students may also receive FSEOG and Federal Work-Study if they qualify. The Education Department's 2026 rule on the new short-term Workforce Pell Grants (91 FR 29254) repeats that a confined or incarcerated person must be enrolled in a PEP to receive a Pell Grant. Ask your facility's education director whether a PEP is offered.","sources":[{"url":"https://fsapartners.ed.gov/knowledge-center/library/dear-colleague-letters/2023-03-29/eligibility-confined-or-incarcerated-individuals-receive-pell-grants-updated-sept-30-2024","title":"(GEN-23-05) Eligibility of Confined or Incarcerated Individuals to Receive Pell Grants (Updated Sept. 30, 2024)","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-668/subpart-P/section-668.236","title":"34 CFR 668.236: Eligible prison education program","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://studentaid.gov/understand-aid/eligibility/requirements/criminal-convictions/correctional-facility","title":"Confined in Adult Correctional or Juvenile Justice Facility","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/05/19/2026-10013/accountability-in-higher-education-and-access-through-demand-driven-workforce-pell-pell-grant","title":"Accountability in Higher Education and Access Through Demand-Driven Workforce Pell (final rule, 91 FR 29254, effective July 20, 2026)","publisher":"Federal Register (U.S. Department of Education)","accessed":"2026-10-22"}]},{"id":"no-federal-loans-while-incarcerated","statement":"While you are incarcerated you can't get federal student loans; the limits tied to incarceration end when you are released.","detail":"34 CFR 668.32 requires that a student 'is not incarcerated' for the Perkins, FFEL and Direct Loan programs, and GEN-23-05 confirms incarcerated students remain ineligible for Direct Loans. Federal Student Aid says that once you are released the eligibility limitations related to incarceration are removed, and you may apply before release so aid is ready when you start school. Since April 16, 2024, people who are incarcerated but not enrolled as students may consolidate existing federal loans, for example to get out of default.","sources":[{"url":"https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-668/subpart-C/section-668.32","title":"34 CFR 668.32: Student eligibility","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://studentaid.gov/understand-aid/eligibility/requirements/criminal-convictions/exiting-incarceration","title":"Exiting Incarceration","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"},{"url":"https://studentaid.gov/understand-aid/eligibility/requirements/criminal-convictions/correctional-facility","title":"Confined in Adult Correctional or Juvenile Justice Facility","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"}]},{"id":"who-counts-as-incarcerated","statement":"Probation, parole, a halfway house, home detention, a weekends-only sentence or an involuntary civil commitment does not count as being incarcerated for federal aid.","detail":"34 CFR 600.2 (as revised by the 2022 PEP rule and quoted in GEN-23-05) defines a confined or incarcerated individual as someone serving a criminal sentence in a federal, state or local penitentiary, prison, jail, reformatory, work farm, juvenile justice facility or similar facility, and excludes people subject to or serving an involuntary civil commitment, in a halfway house or home detention, or sentenced to serve only weekends. Effective July 1, 2023, the FAFSA Simplification Act removed the former HEA section 401(b)(6) ban on Pell Grants for people under an involuntary civil commitment after incarceration for a sexual offense. Federal Student Aid says people on probation or parole or living in a halfway house may be eligible for aid.","sources":[{"url":"https://fsapartners.ed.gov/knowledge-center/library/dear-colleague-letters/2023-03-29/eligibility-confined-or-incarcerated-individuals-receive-pell-grants-updated-sept-30-2024","title":"(GEN-23-05) Eligibility of Confined or Incarcerated Individuals to Receive Pell Grants (Updated Sept. 30, 2024)","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"},{"url":"https://studentaid.gov/understand-aid/eligibility/requirements/criminal-convictions/probation-parole","title":"Probation or Parole","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"}]},{"id":"common-app-criminal-history-question","statement":"The Common App removed its criminal history question from the shared application on August 1, 2019, but each member college may still ask on its own questions.","detail":"Common App's August 19, 2018 announcement says criminal history collection would be removed from the 'common' portion and the School Report on August 1, 2019, while member institutions 'will continue to be able to collect criminal history information on their individual member screens if they so choose.' Students can see each college's approach on the college's search results details screen. Common App later removed the school discipline question from the common portion starting in the 2021-2022 season (announced September 30, 2020), and colleges may also ask that on their own questions.","sources":[{"url":"https://www.commonapp.org/blog/change-criminal-history-question-2019-2020-application-year/","title":"Change to criminal history question for 2019-20 application year","publisher":"The Common Application","accessed":"2026-10-22"},{"url":"https://www.commonapp.org/blog/common-app-removes-school-discipline-question-college-application/","title":"Common App removes school discipline question on the application","publisher":"The Common Application","accessed":"2026-10-22"}]},{"id":"state-limits-on-asking","statement":"Some states limit whether colleges may ask about criminal history before admitting you.","detail":"Maryland: an institution of higher education that receives state funds may not use an undergraduate admissions application that asks about criminal history (arrests or convictions), except a third-party application such as the Common App if the institution doesn't use it to disqualify applicants and posts a notice on its website that criminal history doesn't disqualify an applicant from admission (Education Article 26-501 to 26-503). Louisiana: public colleges may not ask about criminal history on the initial application or before the admission decision, except about convictions for stalking, cyberstalking, rape or sexual battery offenses (R.S. 17:3152(A), Acts 2017, No. 276, effective August 1, 2017). Louisiana public institutions, including the LSU health sciences centers and veterinary school, may also consider conviction history reported on a national application service built for admission to a specific degree program and used in several states (17:3152(C)(2)). Both states let colleges ask after admission for limited purposes such as campus housing or support services.","sources":[{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ged&section=26-503&enactments=false","title":"Maryland Code, Education 26-503","publisher":"Maryland General Assembly","accessed":"2026-10-22"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ged&section=26-501&enactments=false","title":"Maryland Code, Education 26-501 (definitions: 'admissions application' means an application to enroll as an undergraduate)","publisher":"Maryland General Assembly","accessed":"2026-10-22"},{"url":"https://legis.la.gov/Legis/Law.aspx?d=80665","title":"La. R.S. 17:3152: Consideration of criminal history; prohibited acts","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://www.legis.la.gov/legis/ViewDocument.aspx?d=1056922","title":"Résumé Digest, Act 276 (HB 688), 2017 Regular Session (effective August 1, 2017)","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]}],"barriers":[{"statement":"Colleges that still ask may consider your record, and an answer that doesn't match a later background check can cause problems.","detail":"Common App member colleges may ask their own criminal history questions, and outside states with limits like Maryland's and Louisiana's there is no federal rule barring colleges from asking. Read each college's question carefully and answer exactly what it asks.","sources":[{"url":"https://www.commonapp.org/blog/change-criminal-history-question-2019-2020-application-year/","title":"Change to criminal history question for 2019-20 application year","publisher":"The Common Application","accessed":"2026-10-22"}]},{"statement":"Campus housing and campus activities can be limited after admission.","detail":"Maryland lets colleges consider criminal history for campus residency, with a written process weighing age at the time, time elapsed, the nature of the record and rehabilitation, and allows a process to restrict housing for people convicted of sexual crimes or crimes of violence (Education 26-504, 26-505). Louisiana lets colleges ask after admission to decide on participation in campus life, weighing the nature and gravity of the conduct, time passed, age and rehabilitation (R.S. 17:3152(B)).","sources":[{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ged&section=26-504&enactments=false","title":"Maryland Code, Education 26-504","publisher":"Maryland General Assembly","accessed":"2026-10-22"},{"url":"https://legis.la.gov/Legis/Law.aspx?d=80665","title":"La. R.S. 17:3152: Consideration of criminal history; prohibited acts","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]},{"statement":"A degree that leads to a license can be a dead end if your record bars the license, and prison education programs can't enroll you in such a program.","detail":"A PEP may not enroll a student in a program preparing for an occupation from which federal or state law bars them because of their conviction, and colleges must check those prohibitions at least annually (34 CFR 668.236(a)(8), (c)). Louisiana bars public colleges from denying admission to or continuation in a licensure or teaching program based solely on criminal conviction history, but requires them to counsel students about the licensing requirement (R.S. 17:3152(C)(1)). Check the licensing rules for the job before you enroll.","sources":[{"url":"https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-668/subpart-P/section-668.236","title":"34 CFR 668.236: Eligible prison education program","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://legis.la.gov/Legis/Law.aspx?d=80665","title":"La. R.S. 17:3152: Consideration of criminal history; prohibited acts","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]},{"statement":"Defaulted federal student loans can block new aid.","detail":"Federal Student Aid tells incarcerated borrowers to keep loans out of default and points to consolidation as a way out of default; since April 16, 2024, incarcerated people who are not currently students may consolidate.","sources":[{"url":"https://studentaid.gov/understand-aid/eligibility/requirements/criminal-convictions/correctional-facility","title":"Confined in Adult Correctional or Juvenile Justice Facility","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"}]}],"waivers":[{"statement":"You can file the FAFSA before release so aid is ready when you start; if you're incarcerated, Federal Student Aid points you to a paper FAFSA that you print and mail.","detail":"Federal Student Aid posts a FAFSA PDF for incarcerated students for each award year (2026-27 and 2027-28 are linked from its pages), which must be printed and mailed. Use a mailing address where you reliably get mail, which may be the facility, and update it after release. Federal Student Aid also says to file even if you think you're ineligible, because states and colleges use the FAFSA for their own aid.","sources":[{"url":"https://studentaid.gov/understand-aid/eligibility/requirements/criminal-convictions/exiting-incarceration","title":"Exiting Incarceration","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"}]},{"statement":"Financial aid administrators can adjust aid for special circumstances, including incarceration.","detail":"GEN-23-05 lists the FAFSA Simplification Act's expanded discretion for aid administrators to make adjustments for special or unusual circumstances, including incarceration, effective July 1, 2023.","sources":[{"url":"https://fsapartners.ed.gov/knowledge-center/library/dear-colleague-letters/2023-03-29/eligibility-confined-or-incarcerated-individuals-receive-pell-grants-updated-sept-30-2024","title":"(GEN-23-05) Eligibility of Confined or Incarcerated Individuals to Receive Pell Grants (Updated Sept. 30, 2024)","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"}]},{"statement":"In Louisiana, a denial based on a listed sexual or stalking offense can be appealed.","detail":"R.S. 17:3152(A)(2): if a public college denies admission based on one of the convictions it may ask about, it must notify the applicant, who may appeal to the body that hears the institution's disciplinary matters.","sources":[{"url":"https://legis.la.gov/Legis/Law.aspx?d=80665","title":"La. R.S. 17:3152: Consideration of criminal history; prohibited acts","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}]}],"steps":["File the FAFSA (on paper with the incarcerated-student PDF if you're still inside). Drug convictions don't affect federal aid anymore.","If you're incarcerated, ask the facility's education director whether a college offers an approved prison education program there; that is the only way to use a Pell Grant while serving a sentence.","Before applying to a college, check whether it asks about criminal history on its own application questions and what it says it does with the answers; check your state's law too.","If a college asks, answer exactly what the question asks, and be ready to explain what happened and what you've done since (completed sentence, programs, work, references).","If you're aiming for a licensed job (nursing, teaching, law, health care, security), check that license's criminal-record rules before you enroll.","If you have defaulted federal student loans, look into consolidation or other ways out of default before you apply for new aid.","Ask the financial aid office about a special-circumstances adjustment if incarceration or release affects your finances."],"state_variation":"some","state_detail":"Federal student aid rules are the same everywhere. Admission is up to each college, and a few states limit when colleges may ask about criminal history (for example Maryland and Louisiana). Prison education programs depend on which colleges partner with your state's department of corrections or the Federal Bureau of Prisons.","state_examples":[{"state":"MD","statement":"Maryland bars state-funded colleges from using an undergraduate admissions application that asks about arrests or convictions, unless it's a third-party application (like the Common App) that the college doesn't use to disqualify applicants and the college posts a notice that criminal history doesn't disqualify anyone. After admission, a college may consider criminal history for campus housing, using a written process.","source":{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ged&section=26-503&enactments=false","title":"Maryland Code, Education 26-503 (see also 26-501, 26-502, 26-504, 26-505)","publisher":"Maryland General Assembly","accessed":"2026-10-22"}},{"state":"LA","statement":"Louisiana's public colleges may not ask about criminal history before the admission decision except about convictions for stalking, cyberstalking, rape or sexual battery offenses, and may not deny admission to a licensure or teaching program based solely on a conviction (R.S. 17:3152, effective August 1, 2017). Programs that admit through a national application service, such as the LSU health sciences centers, may consider conviction history reported on that application.","source":{"url":"https://legis.la.gov/Legis/Law.aspx?d=80665","title":"La. R.S. 17:3152: Consideration of criminal history; prohibited acts","publisher":"Louisiana State Legislature","accessed":"2026-10-22"}}],"official_links":[{"name":"Federal Student Aid: students with criminal convictions","url":"https://studentaid.gov/understand-aid/eligibility/requirements/criminal-convictions","detail":"Current federal aid rules for people who are incarcerated, released, or on probation or parole."},{"name":"Prison Education Programs (FSA Knowledge Center)","url":"https://fsapartners.ed.gov/knowledge-center/topics/prison-education-programs","detail":"Federal guidance on Pell Grants in prison education programs."},{"name":"Common App criminal history change","url":"https://www.commonapp.org/blog/change-criminal-history-question-2019-2020-application-year/","detail":"Common App's 2018 announcement of the 2019 change."}],"related":["nurse","teacher","lawyer"],"sources":[{"url":"https://studentaid.gov/understand-aid/eligibility/requirements/criminal-convictions","title":"Eligibility for Students With Criminal Convictions","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"},{"url":"https://studentaid.gov/understand-aid/eligibility/requirements/criminal-convictions/correctional-facility","title":"Confined in Adult Correctional or Juvenile Justice Facility","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"},{"url":"https://studentaid.gov/understand-aid/eligibility/requirements/criminal-convictions/exiting-incarceration","title":"Exiting Incarceration","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"},{"url":"https://studentaid.gov/understand-aid/eligibility/requirements/criminal-convictions/probation-parole","title":"Probation or Parole","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"},{"url":"https://fsapartners.ed.gov/knowledge-center/library/dear-colleague-letters/2023-03-29/eligibility-confined-or-incarcerated-individuals-receive-pell-grants-updated-sept-30-2024","title":"(GEN-23-05) Eligibility of Confined or Incarcerated Individuals to Receive Pell Grants (Updated Sept. 30, 2024)","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"},{"url":"https://fsapartners.ed.gov/knowledge-center/topics/prison-education-programs","title":"Prison Education Programs","publisher":"Federal Student Aid, U.S. Department of Education","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2021/06/17/2021-12762/early-implementation-of-the-fafsa-simplification-acts-removal-of-requirements-for-title-iv","title":"Early Implementation of the FAFSA Simplification Act's Removal of Requirements for Title IV Eligibility Related to Selective Service Registration and Drug-Related Convictions (86 FR 32252)","publisher":"Federal Register (U.S. Department of Education)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-668/subpart-C/section-668.32","title":"34 CFR 668.32: Student eligibility","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-34/subtitle-B/chapter-VI/part-668/subpart-P/section-668.236","title":"34 CFR 668.236: Eligible prison education program","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.commonapp.org/blog/change-criminal-history-question-2019-2020-application-year/","title":"Change to criminal history question for 2019-20 application year","publisher":"The Common Application","accessed":"2026-10-22"},{"url":"https://www.commonapp.org/blog/common-app-removes-school-discipline-question-college-application/","title":"Common App removes school discipline question on the application","publisher":"The Common Application","accessed":"2026-10-22"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ged&section=26-503&enactments=false","title":"Maryland Code, Education 26-503","publisher":"Maryland General Assembly","accessed":"2026-10-22"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ged&section=26-504&enactments=false","title":"Maryland Code, Education 26-504","publisher":"Maryland General Assembly","accessed":"2026-10-22"},{"url":"https://legis.la.gov/Legis/Law.aspx?d=80665","title":"La. R.S. 17:3152: Consideration of criminal history; prohibited acts","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ged&section=26-501&enactments=false","title":"Maryland Code, Education 26-501","publisher":"Maryland General Assembly","accessed":"2026-10-22"},{"url":"https://www.legis.la.gov/legis/ViewDocument.aspx?d=1056922","title":"Résumé Digest, Act 276 (HB 688), 2017 Regular Session","publisher":"Louisiana State Legislature","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/05/19/2026-10013/accountability-in-higher-education-and-access-through-demand-driven-workforce-pell-pell-grant","title":"Accountability in Higher Education and Access Through Demand-Driven Workforce Pell (final rule, 91 FR 29254, effective July 20, 2026)","publisher":"Federal Register (U.S. Department of Education)","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"food-stamps","question":"Can you get food stamps (SNAP) with a felony?","short_name":"Food stamps (SNAP)","category":"housing_benefits","answer":"usually_yes","answer_line":"Usually yes: most felony convictions don't affect SNAP, but a felony drug conviction can disqualify you depending on your state (in USDA's latest count, 28 state agencies have no ban, 24 have a modified one and South Carolina keeps a lifetime ban), and you can't get SNAP while you're fleeing a felony warrant or wanted for a probation or parole violation.","summary":"Federal law (21 U.S.C. 862a) permanently bars people convicted of a felony involving the possession, use or distribution of a controlled substance, for conduct after August 22, 1996, but lets each state opt out or shorten the ban by passing its own law. As of October 2024, USDA's State Options Report counts 28 state agencies with no drug felony disqualification, 24 with a modified one and one, South Carolina, with the full lifetime ban. Separately, anyone fleeing to avoid prosecution or custody for a felony, or found to be violating probation or parole while law enforcement is actively seeking them, is ineligible during that time, and people convicted of murder, aggravated sexual abuse, certain child sexual exploitation crimes or sexual assault (for conduct after February 7, 2014) are ineligible only while they are not complying with their sentence. A disqualification covers only the person, not the rest of the household, and other felonies don't affect SNAP eligibility.","rules":[{"id":"drug-felony-ban-21-usc-862a","statement":"Federal law bars a person convicted of a felony that has as an element the possession, use or distribution of a controlled substance from getting SNAP, unless their state has opted out or limited the ban.","detail":"21 U.S.C. 862a(a)(2) and 7 CFR 273.11(m). It applies only to felony convictions (as classified by the jurisdiction) for conduct after August 22, 1996 (862a(d)(2)). Drug misdemeanors and non-drug felonies don't trigger it. A state may exempt any or all people domiciled there by a law that specifically refers to the ban, or may limit how long it applies (862a(d)(1)); if a state law shortens the period, the disqualification lasts only that long (273.11(m)). The same section also bars TANF cash assistance, which states opt out of separately. States that have not opted out must ask applicants in writing whether anyone in the household has such a conviction (862a(c)).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/21/862a","title":"21 U.S.C. 862a: Denial of assistance and benefits for certain drug-related convictions","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-D/section-273.11","title":"7 CFR 273.11(m): Individuals convicted of drug-related felonies","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"state-opt-outs-fns-state-options-report","statement":"Most states have opted out of or modified the drug felony ban: USDA counts 28 state agencies with no disqualification, 24 with a modified disqualification and 1 (South Carolina) with the full lifetime disqualification, as of October 2024.","detail":"SNAP State Options Report, 17th edition (published August 2025, data reference period October 2024), which covers 53 SNAP state agencies (the 50 states, the District of Columbia, Guam and the U.S. Virgin Islands). No disqualification: Arkansas, Delaware, District of Columbia, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virgin Islands, Virginia, Washington, Wyoming. Modified disqualification: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Guam, Hawaii, Idaho, Indiana, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, North Carolina, Tennessee, Texas, West Virginia, Wisconsin. Lifetime disqualification: South Carolina. USDA's examples of modified bans: applying the ban only to certain convictions (such as drug sales), or requiring the person to comply with parole, pass drug tests or take part in drug treatment. The report doesn't spell out each state's conditions, so check your state's SNAP agency.","sources":[{"url":"https://www.fna.usda.gov/sites/default/files/resource-files/snap-stateOptionsReport-17edition-120925.pdf","title":"SNAP State Options Report, 17th Edition (Drug Felony Disqualifications, report page 16)","publisher":"U.S. Department of Agriculture, Food and Nutrition Service (now the Food and Nutrition Administration)","accessed":"2026-10-22"},{"url":"https://www.fna.usda.gov/snap/waivers/state-options-report","title":"State Options Report","publisher":"U.S. Department of Agriculture, Food and Nutrition Administration","accessed":"2026-10-22"}]},{"id":"fleeing-felons-probation-parole-violators","statement":"You can't get SNAP while you are fleeing to avoid prosecution or custody for a felony, or while you are violating a condition of probation or parole and law enforcement is actively seeking you.","detail":"7 U.S.C. 2015(k); 7 CFR 273.11(n). Being on probation or parole is not disqualifying by itself. To treat someone as a fleeing felon, the state must verify an outstanding felony warrant, that the person knew or should have expected it, that they acted to avoid arrest, and that law enforcement is actively seeking them; or law enforcement must present a felony warrant coded for escape or flight. A probation or parole violator must be found by an impartial party designated by the state to have violated a condition, with law enforcement actively seeking the person. If law enforcement doesn't say it intends to act within 30 days of the state's request, the state must not treat the person as a fleeing felon or violator (273.11(n)(4)). The state keeps processing the application while it checks.","sources":[{"url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-D/section-273.11","title":"7 CFR 273.11(n): Fleeing felons and probation or parole violators","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/7/2015","title":"7 U.S.C. 2015(k): Disqualification of fleeing felons","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"}]},{"id":"certain-violent-and-sex-offenses-2014","statement":"People convicted of murder, aggravated sexual abuse, sexual exploitation of children or sexual assault are ineligible only while they are not complying with their sentence or are fleeing or violating probation or parole.","detail":"7 U.S.C. 2015(r) and 7 CFR 273.11(s), added by the 2014 Farm Bill: federal murder (18 U.S.C. 1111), aggravated sexual abuse (18 U.S.C. 2241), offenses under 18 U.S.C. chapter 110 (sexual exploitation and other abuse of children), federal or state sexual assault offenses as defined in the Violence Against Women Act, or substantially similar state offenses. The regulation applies it to convictions as an adult and not to conduct on or before February 7, 2014. A person who is complying with the terms of the sentence is not barred by this rule. States must ask applicants to attest whether anyone in the household has such a conviction.","sources":[{"url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-D/section-273.11","title":"7 CFR 273.11(s): Disqualification for certain convicted felons","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/7/2015","title":"7 U.S.C. 2015(r): Disqualification for certain convicted felons","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"}]},{"id":"household-still-eligible","statement":"A disqualification applies only to the person; the rest of the household can still get SNAP, though the disqualified person's income and resources still count.","detail":"21 U.S.C. 862a(b)(2) and 7 CFR 273.11(c)(1): for drug felony, fleeing felon and 273.11(s) disqualifications, the disqualified member isn't counted in household size for the benefit level, but their income and resources count toward the household's eligibility.","sources":[{"url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-D/section-273.11","title":"7 CFR 273.11(c)(1): Treatment of income and resources of certain nonhousehold members","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/21/862a","title":"21 U.S.C. 862a: Denial of assistance and benefits for certain drug-related convictions","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"}]},{"id":"snap-fraud-and-trafficking-penalties","statement":"Offenses involving SNAP itself carry their own bans: trading SNAP benefits for drugs (2 years, then permanent), for firearms, ammunition or explosives (permanent), trafficking $500 or more (permanent), and lying about identity or residence to get benefits in more than one place (10 years).","detail":"7 CFR 273.16(b). Other intentional program violations bring a 12-month disqualification for the first, 24 months for the second and permanent disqualification for the third; these, and the 10-year penalty for duplicate benefits, apply when a court or an administrative disqualification hearing finds the violation, or when the person signs a waiver of the hearing or a consent agreement. The drug, firearms and $500 trafficking penalties apply when a court makes the finding (273.16(b)(2)-(4)).","sources":[{"url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-F/section-273.16","title":"7 CFR 273.16: Disqualification for intentional Program violation","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]}],"barriers":[{"statement":"You can't get SNAP while you're in jail or prison.","detail":"Residents of an institution that provides most of their meals are not eligible (7 CFR 273.1(b)(7)(vi)), with listed exceptions such as certain drug and alcohol treatment programs and group living arrangements. People applying for SSI under Social Security's prerelease program can apply for SNAP jointly before release (7 CFR 273.11(i)).","sources":[{"url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-A/section-273.1","title":"7 CFR 273.1: Household concept","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-D/section-273.11","title":"7 CFR 273.11(i): Prerelease applicants","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"Work rules limit SNAP for many adults without children, and the 2025 budget law widened them.","detail":"Under 7 U.S.C. 2015(o) as amended by the One Big Beautiful Bill Act (Pub. L. 119-21, July 4, 2025, section 10102), an adult who is not under 18 or over 65, not medically unfit for work, not pregnant, not otherwise exempt and not responsible for a child under 14 can get only 3 months of SNAP in 36 months unless they work or take part in a work program at least 20 hours a week. These rules apply regardless of a record, but they affect many people leaving prison. The 2025 law's SNAP sections (10101-10108) did not change the drug felony rule, the fleeing-felon and probation or parole rule, or the rule on certain violent and sexual offenses.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/7/2015","title":"7 U.S.C. 2015(o): Work requirement","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.fna.usda.gov/obbb","title":"One Big Beautiful Bill Act of 2025","publisher":"U.S. Department of Agriculture, Food and Nutrition Administration","accessed":"2026-10-22"}]},{"statement":"In a state with a modified ban, violating parole or a new drug conviction can cost you SNAP.","detail":"For example, Texas disqualifies a person with a felony drug conviction (September 1, 2015 or later) for 2 years if they violate a condition of parole or community supervision, and permanently if they are convicted of another felony drug offense while receiving SNAP (see the Texas example).","sources":[{"url":"https://fhb.hhs.texas.gov/handbooks/texas-works-handbook/a-230-supplemental-nutrition-assistance-program","title":"Texas Works Handbook A-230 (A-232.2 Disqualified Persons)","publisher":"Texas Health and Human Services Commission","accessed":"2026-10-22"}]}],"waivers":[{"statement":"If your state has opted out, a drug felony conviction doesn't affect SNAP at all; if it modified the ban, meeting its conditions restores eligibility.","detail":"21 U.S.C. 862a(d)(1) lets states exempt people or limit the period; 7 CFR 273.11(m) applies the state's shorter period. USDA's State Options Report lists which approach each state takes.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/21/862a","title":"21 U.S.C. 862a: Denial of assistance and benefits for certain drug-related convictions","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.fna.usda.gov/sites/default/files/resource-files/snap-stateOptionsReport-17edition-120925.pdf","title":"SNAP State Options Report, 17th Edition","publisher":"U.S. Department of Agriculture, Food and Nutrition Service (now the Food and Nutrition Administration)","accessed":"2026-10-22"}]},{"statement":"Fleeing-felon and probation or parole violation disqualifications end once the warrant or violation is resolved, and can't be applied unless law enforcement is actively seeking you.","detail":"The disqualification lasts 'during any period' the person is fleeing or violating (7 U.S.C. 2015(k)); 7 CFR 273.11(n)(3)-(4) define 'actively seeking' and require the state to drop the issue if law enforcement doesn't act within 30 days.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/7/2015","title":"7 U.S.C. 2015(k): Disqualification of fleeing felons","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-D/section-273.11","title":"7 CFR 273.11(n): Fleeing felons and probation or parole violators","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"For the 2014 violent and sexual offense rule, complying with your sentence keeps you eligible.","detail":"7 CFR 273.11(s)(2): the bar applies only if the person is not in compliance with the terms of the sentence or the fleeing-felon and probation or parole rules.","sources":[{"url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-D/section-273.11","title":"7 CFR 273.11(s): Disqualification for certain convicted felons","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]}],"steps":["Check whether any conviction is a felony with an element of drug possession, use or distribution, and whether the conduct was after August 22, 1996. If not, the drug felony rule doesn't apply to you.","If it is, look up your state in USDA's SNAP State Options Report (no disqualification, modified, or lifetime), then read your state SNAP agency's rules for any conditions such as parole compliance, drug testing or treatment.","Resolve any outstanding felony warrant or probation or parole violation, since either one blocks SNAP while it is active.","Apply through your state SNAP agency as soon as you are released; you can't get benefits while in jail or prison. Ask whether a prerelease application is available if you are also applying for SSI.","Even if you are disqualified, apply for the rest of your household: they can still be eligible.","Answer criminal history questions on the application truthfully; states that keep the ban must ask about drug felony convictions in writing.","If you are denied, ask the SNAP office for the reason in writing and request a fair hearing if you think the rule was applied wrongly."],"state_variation":"some","state_detail":"The fleeing-felon, probation or parole violator and 2014 violent and sexual offense rules are federal and apply everywhere. The drug felony ban depends entirely on state law: each state legislature decides whether to opt out, limit the ban, or leave the federal lifetime ban in place.","state_examples":[{"state":"SC","statement":"USDA lists South Carolina as the only SNAP state agency that keeps the full lifetime drug felony disqualification (data as of October 2024). A 2025-2026 bill to opt South Carolina out of 21 U.S.C. 862a for SNAP and the Family Independence Program (H. 4801) was prefiled on December 16, 2025 and referred to the House Ways and Means Committee on January 13, 2026; the legislature's site lists no later action, so it has not become law.","source":{"url":"https://www.scstatehouse.gov/billsearch.php?billnumbers=4801&session=126&summary=B","title":"H. 4801 (2025-2026): Public Assistance, bill history","publisher":"South Carolina General Assembly","accessed":"2026-10-22"}},{"state":"TX","statement":"Texas has a modified ban: its SNAP handbook says a person with a felony drug conviction on or after September 1, 2015 (not deferred adjudication) is disqualified for 2 years if they violate a condition of parole or community supervision, and permanently if convicted of another felony drug offense while receiving SNAP. Texas also bars people fleeing a felony or found in violation of probation or parole.","source":{"url":"https://fhb.hhs.texas.gov/handbooks/texas-works-handbook/a-230-supplemental-nutrition-assistance-program","title":"Texas Works Handbook A-230 (A-232.2 Disqualified Persons, Revision 26-3, effective July 1, 2026)","publisher":"Texas Health and Human Services Commission","accessed":"2026-10-22"}},{"state":"NY","statement":"USDA lists New York, along with 27 other state agencies such as Illinois, Ohio and Pennsylvania, as having no drug felony disqualification for SNAP.","source":{"url":"https://www.fna.usda.gov/sites/default/files/resource-files/snap-stateOptionsReport-17edition-120925.pdf","title":"SNAP State Options Report, 17th Edition (Drug Felony Disqualifications and New York state profile)","publisher":"U.S. Department of Agriculture, Food and Nutrition Service (now the Food and Nutrition Administration)","accessed":"2026-10-22"}}],"official_links":[{"name":"USDA SNAP State Options Report","url":"https://www.fna.usda.gov/snap/waivers/state-options-report","detail":"Which states have no, modified or lifetime drug felony bans."},{"name":"Find your state SNAP agency","url":"https://www.fna.usda.gov/snap/state-directory","detail":"Where to apply and get your state's rules."},{"name":"7 CFR 273.11 (eCFR)","url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-D/section-273.11","detail":"The drug felony, fleeing-felon and probation or parole, and violent and sexual offense rules."}],"related":["section-8"],"sources":[{"url":"https://www.law.cornell.edu/uscode/text/21/862a","title":"21 U.S.C. 862a: Denial of assistance and benefits for certain drug-related convictions","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/7/2015","title":"7 U.S.C. 2015: Eligibility disqualifications","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-D/section-273.11","title":"7 CFR 273.11: Action on households with special circumstances","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-F/section-273.16","title":"7 CFR 273.16: Disqualification for intentional Program violation","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-C/part-273/subpart-A/section-273.1","title":"7 CFR 273.1: Household concept","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.fna.usda.gov/sites/default/files/resource-files/snap-stateOptionsReport-17edition-120925.pdf","title":"SNAP State Options Report, 17th Edition","publisher":"U.S. Department of Agriculture, Food and Nutrition Service (now the Food and Nutrition Administration)","accessed":"2026-10-22"},{"url":"https://www.fna.usda.gov/snap/waivers/state-options-report","title":"State Options Report","publisher":"U.S. Department of Agriculture, Food and Nutrition Administration","accessed":"2026-10-22"},{"url":"https://www.fna.usda.gov/obbb","title":"One Big Beautiful Bill Act of 2025","publisher":"U.S. Department of Agriculture, Food and Nutrition Administration","accessed":"2026-10-22"},{"url":"https://fhb.hhs.texas.gov/handbooks/texas-works-handbook/a-230-supplemental-nutrition-assistance-program","title":"Texas Works Handbook A-230, Supplemental Nutrition Assistance Program","publisher":"Texas Health and Human Services Commission","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/billsearch.php?billnumbers=4801&session=126&summary=B","title":"H. 4801 (2025-2026): Public Assistance, bill history","publisher":"South Carolina General Assembly","accessed":"2026-10-22"},{"url":"https://www.scstatehouse.gov/sess126_2025-2026/prever/4801_20251217.htm","title":"H. 4801 (2025-2026), prefiled bill text (version dated December 17, 2025)","publisher":"South Carolina General Assembly","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"section-8","question":"Can you get Section 8 or public housing with a felony?","short_name":"Section 8 / public housing","category":"housing_benefits","answer":"depends","answer_line":"Often yes, but it depends on the housing agency: federal law requires denial in only a few situations (a lifetime sex-offender registration requirement, a conviction for making meth in federally assisted housing, a drug-related eviction in the last 3 years, and current illegal drug use or alcohol abuse that threatens other residents), and each public housing agency may also deny people for recent drug-related, violent or other dangerous criminal activity under its own written lookback period.","summary":"Public housing agencies (PHAs) run both public housing and the Housing Choice Voucher (Section 8) program, and HUD rules split criminal screening into a short mandatory list and a much larger area of local discretion. A PHA must deny a household if any member is subject to lifetime sex-offender registration or was ever convicted of producing methamphetamine on federally assisted premises, and must deny for 3 years after an eviction from federally assisted housing for drug-related criminal activity (with exceptions for completed rehab). Beyond that, a PHA may deny for drug-related, violent or other criminal activity that threatens health or safety if it happened 'during a reasonable time' before admission, and each PHA sets that time in its own plan. HUD withdrew its 2024 proposal to narrow these screening rules in January 2025, rescinded its 2015 arrest-records notice and its 2016 Fair Housing Act criminal-records guidance in September 2025, and in November 2025 told PHAs and owners to screen for criminal history; state and local fair chance laws can still limit what a housing provider may consider.","rules":[{"id":"lifetime-sex-offender-registration-ban","statement":"A PHA must deny admission if anyone in the household is subject to a lifetime registration requirement under a state sex-offender registration program.","detail":"24 CFR 960.204(a)(4) (public housing) and 982.553(a)(2)(i) (vouchers), implementing 42 U.S.C. 13663. The PHA must run criminal background checks in the state where the housing is located and in other states where household members are known to have lived. The ban turns on a current lifetime registration requirement, not on a felony conviction as such; a registration requirement for a fixed number of years is not covered by this mandatory rule, although the PHA may still weigh the underlying conduct under its discretionary standards.","sources":[{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.204","title":"24 CFR 960.204: Denial of admission for criminal activity or drug abuse by household members","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.553","title":"24 CFR 982.553: Denial of admission and termination of assistance for criminals and alcohol abusers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/42/13663","title":"42 U.S.C. 13663: Ineligibility of dangerous sex offenders for admission to public housing","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"}]},{"id":"methamphetamine-production-permanent-ban","statement":"A conviction for manufacturing or producing methamphetamine on the premises of federally assisted housing permanently bars the household from public housing and Section 8, and ends existing assistance immediately.","detail":"42 U.S.C. 1437n(f); 24 CFR 960.204(a)(3) and 982.553(a)(1)(ii)(C) for admission, and 982.553(b)(1)(ii) for immediate termination of voucher assistance. The rule is narrow: it covers meth production on federally assisted premises, not other drug convictions or meth offenses elsewhere.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/42/1437n","title":"42 U.S.C. 1437n(f): Ineligibility of individuals convicted of manufacturing or producing methamphetamine on the premises","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.204","title":"24 CFR 960.204: Denial of admission for criminal activity or drug abuse by household members","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.553","title":"24 CFR 982.553: Denial of admission and termination of assistance for criminals and alcohol abusers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"three-year-drug-eviction-bar","statement":"If anyone in the household was evicted from federally assisted housing for drug-related criminal activity, the PHA must deny admission for 3 years from the eviction, unless that person completed an approved supervised drug rehabilitation program or the circumstances no longer exist.","detail":"42 U.S.C. 13661(a); 24 CFR 960.204(a)(1) and 982.553(a)(1)(i). HUD's example of changed circumstances is that the household member who engaged in the activity has died or is imprisoned. In public housing, a PHA may keep a prohibition that a statute sets for a fixed period in place for longer (24 CFR 960.203(c)(3)(ii)); owners of other HUD-assisted housing, such as project-based Section 8, have the same option (24 CFR 5.852(d)).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/42/13661","title":"42 U.S.C. 13661: Screening of applicants for federally assisted housing","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.204","title":"24 CFR 960.204: Denial of admission for criminal activity or drug abuse by household members","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.203","title":"24 CFR 960.203: Standards for PHA tenant selection criteria","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"current-drug-use-and-alcohol","statement":"A PHA must also deny admission when a household member is currently using illegal drugs, or when it has reasonable cause to believe that someone's drug use or alcohol abuse may threaten other residents' health, safety or peaceful enjoyment.","detail":"24 CFR 960.204(a)(2) and (b); 982.553(a)(1)(ii)(A)-(B) and (a)(3). 'Currently engaging in' means the behavior happened recently enough to justify a reasonable belief that it is current. For someone who has stopped, the PHA may consider whether they completed or are in a supervised drug or alcohol rehabilitation program or have otherwise been rehabilitated (24 CFR 960.203(d)(2) for public housing, 982.552(c)(2)(iii) for vouchers; 42 U.S.C. 13661(b)(2)).","sources":[{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.204","title":"24 CFR 960.204: Denial of admission for criminal activity or drug abuse by household members","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.553","title":"24 CFR 982.553: Denial of admission and termination of assistance for criminals and alcohol abusers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.203","title":"24 CFR 960.203: Standards for PHA tenant selection criteria","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.552","title":"24 CFR 982.552: PHA denial or termination of assistance for family","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"discretionary-screening-reasonable-time","statement":"For every other record, denial is up to the PHA: it may deny a household for drug-related criminal activity, violent criminal activity, or other criminal activity that threatens residents' or staff's health or safety, if it happened during a 'reasonable time' before admission, and the PHA sets that period itself.","detail":"42 U.S.C. 13661(c); 24 CFR 982.553(a)(2)(ii) (vouchers) and 960.203(c)(3) (public housing); similar rules for other HUD-assisted housing are in 24 CFR 5.855. HUD defines 'violent criminal activity' as activity with an element of the use, attempted use or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage, and 'drug-related criminal activity' as illegal manufacture, sale, distribution or use of a drug, or possession with intent to do so (24 CFR 5.100). Federal rules don't set a single lookback for these discretionary denials; each PHA writes its period into its public housing admissions policy or voucher Administrative Plan, so the same felony can bar you at one agency and not at another. The rules say 'may', so a PHA can admit someone with a qualifying record.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/42/13661","title":"42 U.S.C. 13661: Screening of applicants for federally assisted housing","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.553","title":"24 CFR 982.553: Denial of admission and termination of assistance for criminals and alcohol abusers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.203","title":"24 CFR 960.203: Standards for PHA tenant selection criteria","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-A/part-5/subpart-I","title":"24 CFR Part 5, Subpart I: Preventing Crime in Federally Assisted Housing","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-A/part-5/subpart-A/section-5.100","title":"24 CFR 5.100: Definitions","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"what-phas-must-and-may-consider","statement":"When a PHA finds unfavorable information, its public housing rules require it to consider the time, nature and extent of the conduct, including how serious the offense was, and it may weigh evidence of rehabilitation.","detail":"24 CFR 960.203(d): consideration 'shall be given to the time, nature, and extent of the applicant's conduct (including the seriousness of the offense)', and the PHA may consider factors that indicate a reasonable probability of favorable future conduct, such as evidence of rehabilitation and participation in social service or counseling programs. In the voucher program, the PHA may consider all relevant circumstances, such as the seriousness of the case, the extent of each family member's participation or culpability, mitigating circumstances related to a family member's disability, and the effect of denial on family members who were not involved (24 CFR 982.552(c)(2)(i)). A voucher PHA that previously denied an applicant may reconsider with sufficient evidence that the household has not engaged in the activity during a reasonable period, such as a certification backed by verified information from a probation officer, landlord, neighbors, social service workers or criminal records (24 CFR 982.553(a)(2)(ii)(C)). Owners of other HUD-assisted housing, such as project-based Section 8, follow similar rules in 24 CFR 5.852 and 5.855; that part 5 subpart does not apply to public housing or vouchers (24 CFR 5.850(b)). Public housing selection criteria must relate to the applicant's own attributes and behavior, not to a group the applicant belongs to (960.203(a)).","sources":[{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.203","title":"24 CFR 960.203: Standards for PHA tenant selection criteria","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.552","title":"24 CFR 982.552: PHA denial or termination of assistance for family","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-A/part-5/subpart-I","title":"24 CFR Part 5, Subpart I: Preventing Crime in Federally Assisted Housing (5.850, 5.852, 5.855)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.553","title":"24 CFR 982.553: Denial of admission and termination of assistance for criminals and alcohol abusers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"copy-of-record-and-review","statement":"Before denying you because of a criminal record, the PHA must give you a copy of the record and a chance to dispute its accuracy and relevance, can't charge you for the check, and must offer an informal review (vouchers) or informal hearing (public housing).","detail":"24 CFR 960.204(c)-(d) and 982.553(d). Voucher applicants get prompt written notice with reasons and an informal review by someone other than the person who made the decision (24 CFR 982.554). Public housing applicants found ineligible get prompt notice of the basis and, on request, an informal hearing (24 CFR 960.208(a)).","sources":[{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.204","title":"24 CFR 960.204: Denial of admission for criminal activity or drug abuse by household members","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.553","title":"24 CFR 982.553: Denial of admission and termination of assistance for criminals and alcohol abusers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.554","title":"24 CFR 982.554: Informal review for applicant","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.208","title":"24 CFR 960.208: Notification to applicants","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"2024-proposed-rule-withdrawn","statement":"HUD's 2024 proposed rule to change criminal-records screening in HUD-assisted housing was withdrawn on January 16, 2025 and never took effect.","detail":"The proposed rule 'Reducing Barriers to HUD-Assisted Housing' (89 FR 25332, April 10, 2024; RIN 2501-AE08) would have revised the admission rules for applicants with criminal records and the eviction and termination rules. HUD's withdrawal notice (90 FR 4686, January 16, 2025) says HUD does not intend to issue a final rule and would need a new proposed rule to regulate the topic in the future. The 2016-era regulations described here remain in force; eCFR shows no change to 24 CFR 960.203, 960.204 or 982.553 since December 2016.","sources":[{"url":"https://www.federalregister.gov/documents/2025/01/16/2025-00996/reducing-barriers-to-hud-assisted-housing-withdrawal","title":"Reducing Barriers to HUD-Assisted Housing; Withdrawal (90 FR 4686)","publisher":"Federal Register (U.S. Department of Housing and Urban Development)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing","title":"Reducing Barriers to HUD-Assisted Housing (proposed rule, 89 FR 25332)","publisher":"Federal Register (U.S. Department of Housing and Urban Development)","accessed":"2026-10-22"}]},{"id":"2025-guidance-rescissions","statement":"In September 2025 HUD rescinded its 2015 notice on not using arrest records and its 2016 and 2022 Fair Housing Act guidance on criminal records, and in November 2025 the HUD Secretary told PHAs and owners to screen applicants for criminal history.","detail":"Notice PIH 2025-26 / H 2025-05 (September 26, 2025) rescinded Notice PIH 2015-19 / H 2015-10 on excluding the use of arrest records, and tells PHAs and owners to keep following 24 CFR 5.851, parts 960 and 982, and state and local laws on arrest records. HUD's Office of General Counsel withdrew its April 4, 2016 guidance on applying Fair Housing Act standards to criminal records and its March 27, 2023 memo 'Limiting PHA and Owner Discretion in Admitting and Evicting Tenants in Federally Assisted Housing', effective September 25, 2025 (notice at 91 FR 44867, July 17, 2026). HUD's Office of Fair Housing and Equal Opportunity withdrew its June 10, 2022 memo implementing the 2016 guidance, effective September 17, 2025 (91 FR 17291, April 6, 2026). Secretary Turner's letter to PHAs and owners, dated November 25, 2025 and sent by HUD's email service the next day, lists screening for criminal history before admission among the steps PHAs and owners 'must take', restates the mandatory denials, says PHAs and owners have broad discretion to screen for criminal activity that would affect other residents' health, safety and peaceful enjoyment, and urges them to monitor households and strictly enforce lease rules. None of these documents changed the regulations themselves.","sources":[{"url":"https://www.hud.gov/sites/dfiles/OCHCO/documents/PIH-2025-26.pdf","title":"Notice PIH 2025-26 / H 2025-05: Rescission of Joint Notice PIH 2015-19 / H 2015-10, Guidance on the Use of Arrest Records in Housing Decisions","publisher":"U.S. Department of Housing and Urban Development","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/07/17/2026-14432/notice-of-the-withdrawal-of-ogc-guidance-documents","title":"Notice of the Withdrawal of OGC Guidance Documents (91 FR 44867)","publisher":"Federal Register (U.S. Department of Housing and Urban Development)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/04/06/2026-06624/notification-of-withdrawal-of-fair-housing-and-equal-opportunity-guidance-documents","title":"Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents (91 FR 17291)","publisher":"Federal Register (U.S. Department of Housing and Urban Development)","accessed":"2026-10-22"},{"url":"https://content.govdelivery.com/attachments/USHUDFHA/2025/11/26/file_attachments/3474936/SOHUD%20Letter%20on%20Criminal%20Screening%20Responsibilities%20of%20PHAs%20and%20Owners_final.pdf","title":"Secretary's Letter on Criminal Screening Responsibilities of PHAs and Owners (November 25, 2025)","publisher":"U.S. Department of Housing and Urban Development (sent through HUD's GovDelivery email service; no hud.gov copy found)","accessed":"2026-10-22"}]}],"barriers":[{"statement":"With a voucher, the private landlord also screens you, and may consider drug-related or other criminal activity that threatens others' health, safety or property.","detail":"24 CFR 982.307(a): the owner is responsible for screening and selecting the family, and the PHA must tell the owner so. A PHA approval does not oblige a landlord to rent to you, although state and local fair chance laws may limit what landlords consider.","sources":[{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-G/section-982.307","title":"24 CFR 982.307: Tenant screening","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"Assistance can be ended later for criminal activity even without an arrest or conviction.","detail":"A PHA may terminate voucher assistance if it finds, by a preponderance of the evidence, that a household member engaged in the activity, regardless of arrest or conviction (24 CFR 982.553(c)). PHAs must have standards allowing termination for current illegal drug use, drug-related criminal activity and violent criminal activity (982.553(b)). For other HUD-assisted housing, leases must allow termination if a tenant is fleeing to avoid prosecution or custody for a felony or is violating a condition of probation or parole (24 CFR 5.859(b)).","sources":[{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.553","title":"24 CFR 982.553: Denial of admission and termination of assistance for criminals and alcohol abusers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-A/part-5/subpart-I","title":"24 CFR Part 5, Subpart I: Preventing Crime in Federally Assisted Housing (5.859)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"A record of one household member can affect the whole household's application.","detail":"The mandatory bans apply if 'any household member' is covered. In public housing, a PHA may require the household to exclude the member responsible as a condition of admission (24 CFR 960.203(c)(3)(i)); in the voucher program, a PHA may require that family members who took part in the conduct not live in the unit as a condition of assistance for the others (24 CFR 982.552(c)(2)(ii)); owners of other HUD-assisted housing have a similar option (24 CFR 5.852(b)). That can mean the rest of the family is assisted without that person.","sources":[{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.203","title":"24 CFR 960.203: Standards for PHA tenant selection criteria","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.552","title":"24 CFR 982.552: PHA denial or termination of assistance for family","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-A/part-5/subpart-I","title":"24 CFR Part 5, Subpart I: Preventing Crime in Federally Assisted Housing (5.852)","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]}],"waivers":[{"statement":"The 3-year drug-eviction bar can be lifted early if the person completed a PHA-approved supervised drug rehabilitation program or the circumstances behind the eviction no longer exist.","detail":"24 CFR 960.204(a)(1) and 982.553(a)(1)(i); 42 U.S.C. 13661(a). These exceptions are at the PHA's discretion ('may admit').","sources":[{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.204","title":"24 CFR 960.204: Denial of admission for criminal activity or drug abuse by household members","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/42/13661","title":"42 U.S.C. 13661: Screening of applicants for federally assisted housing","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"}]},{"statement":"For discretionary denials, you can ask the PHA to reconsider with proof that no one in the household has engaged in the activity during the PHA's lookback period.","detail":"In the voucher program, 24 CFR 982.553(a)(2)(ii)(C) lets a PHA reconsider an applicant it denied, and a signed certification plus supporting information from a probation officer, landlord, neighbors, social service workers or criminal records, which the PHA verifies, counts as sufficient evidence; 24 CFR 5.855(c) says the same for other HUD-assisted housing. Reconsideration is up to the PHA ('may'). Public housing agencies may weigh rehabilitation evidence (960.203(d)).","sources":[{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.553","title":"24 CFR 982.553: Denial of admission and termination of assistance for criminals and alcohol abusers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.203","title":"24 CFR 960.203: Standards for PHA tenant selection criteria","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"If you are denied, request the informal review or hearing and dispute any record that is wrong or irrelevant.","detail":"24 CFR 982.554 (vouchers) and 960.208 (public housing); 982.553(d) and 960.204(c) require the PHA to give you the record and a chance to dispute it.","sources":[{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.554","title":"24 CFR 982.554: Informal review for applicant","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.208","title":"24 CFR 960.208: Notification to applicants","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]}],"steps":["Check the two federal lifetime bars first: is anyone in your household subject to lifetime sex-offender registration, or was anyone convicted of making meth in federally assisted housing? Also check for a drug-related eviction from federally assisted housing in the last 3 years.","Get the admissions policy (public housing) or Administrative Plan (Section 8) of the specific PHA you're applying to and find its criminal-history section; it states which offenses it considers and the lookback period for each.","Get your own state and FBI records and court dispositions so you know what a background check will show, and correct errors before you apply.","Check whether your state, county or city has a fair chance housing law (such as New Jersey's Fair Chance in Housing Act, New York City's Fair Chance Housing Law or Cook County's Just Housing Amendment) that limits what housing providers may consider.","Gather mitigation evidence: proof the sentence and any probation or parole are complete, treatment or program completion, work history, and letters from a probation officer, landlord or caseworker.","If the record belongs to one household member, ask whether the rest of the household can be admitted without that person.","If you are denied, ask for the informal review or hearing right away, request a copy of the record the PHA used, and dispute anything inaccurate or irrelevant."],"state_variation":"some","state_detail":"The mandatory bans are federal and apply everywhere. Everything else is set by the local PHA's written policy within HUD's rules, so lookback periods and which offenses count vary from agency to agency. Some states, counties and cities also have fair chance housing laws that limit what housing providers may ask about or consider. These laws make room for federally required screening in different ways: New Jersey's lets providers ask about lifetime sex-offender registration and meth production in federally assisted housing even on the initial application, and New York City's lets public housing authorities and other state- or federally funded providers take the criminal-history actions they are required or authorized to take.","state_examples":[{"state":"NY","statement":"The New York City Housing Authority's admissions policy makes applicants ineligible for public housing for set periods after a conviction, counted from the end of the sentence (not including parole or probation) with no further convictions or pending charges: 6 years for Class A, B or C felonies, 5 years for Class D or E felonies, 4 years for Class A misdemeanors and 3 years for Class B or unclassified misdemeanors. Lifetime sex-offender registration and meth production in federally assisted housing remain bars.","source":{"url":"https://www.nyc.gov/site/nycha/residents/acop/appendix-b-ineligibility-dispositions.page","title":"Admissions and Continued Occupancy Policy, Appendix B: Ineligibility Dispositions","publisher":"New York City Housing Authority","accessed":"2026-10-22"}},{"state":"NY","statement":"New York City's Fair Chance Housing Law (in effect since January 1, 2025) bars most housing providers in the city from checking criminal history until after a conditional offer, and then lets them consider only convictions that require current sex-offense registration, felony convictions with a release date (or sentencing date, if there was no jail time) in the last 5 years and misdemeanor convictions in the last 3 years. Arrests, pending cases, sealed records and youthful offender adjudications can't be considered, and a provider that revokes an offer must decide in writing after reviewing the whole application. The city's Commission on Human Rights says public housing authorities and other state- or federally funded providers may still take criminal-history actions they are required or authorized to take, but must follow the law's other processes.","source":{"url":"https://www.nyc.gov/site/cchr/media/fair-chance-housing-campaign.page","title":"Fair Chance Act in Housing","publisher":"New York City Commission on Human Rights","accessed":"2026-10-22"}},{"state":"NJ","statement":"New Jersey's Fair Chance in Housing Act (2021) bars most rental housing providers from asking about criminal history before a conditional offer (except about meth production in federally assisted housing and lifetime sex-offender registration). After an offer they may consider only certain convictions, such as murder and other listed serious crimes, and 1st-degree offenses within 6 years, 2nd- or 3rd-degree within 4 years and 4th-degree within 1 year of conviction or release, and they must do an individualized assessment. Arrests without conviction, expunged, pardoned, vacated or sealed records and juvenile adjudications can't be considered.","source":{"url":"https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/know-the-law/fair-chance-in-housing-act/","title":"Fair Chance in Housing Act","publisher":"New Jersey Office of the Attorney General, Division on Civil Rights","accessed":"2026-10-22"}},{"state":"IL","statement":"In Cook County, Illinois, the Just Housing Amendment (in effect since January 1, 2020) says landlords can't deny based on arrests, can't consider convictions more than 3 years old, and must do an individualized assessment before denying for a more recent conviction, with exceptions for current sex-offender registration and child sex offender residency restrictions.","source":{"url":"https://www.cookcountyil.gov/content/just-housing-amendment-human-rights-ordinance","title":"Just Housing Amendment to the Human Rights Ordinance","publisher":"Cook County Commission on Human Rights","accessed":"2026-10-22"}}],"official_links":[{"name":"24 CFR 982.553 (eCFR)","url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.553","detail":"Section 8 voucher rules on denial and termination for criminal activity."},{"name":"24 CFR 960.204 (eCFR)","url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.204","detail":"Public housing mandatory denials and your right to see and dispute the record."},{"name":"Notice PIH 2025-26","url":"https://www.hud.gov/sites/dfiles/OCHCO/documents/PIH-2025-26.pdf","detail":"HUD's September 2025 rescission of its 2015 arrest-records guidance."},{"name":"Your local public housing agency","url":"https://www.hud.gov/contactus/public-housing-contacts","detail":"Find the PHA for your area and ask for its admissions policy or Administrative Plan."}],"related":["food-stamps"],"sources":[{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.204","title":"24 CFR 960.204: Denial of admission for criminal activity or drug abuse by household members","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.203","title":"24 CFR 960.203: Standards for PHA tenant selection criteria","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-960/subpart-B/section-960.208","title":"24 CFR 960.208: Notification to applicants","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.553","title":"24 CFR 982.553: Denial of admission and termination of assistance for criminals and alcohol abusers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.554","title":"24 CFR 982.554: Informal review for applicant","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-G/section-982.307","title":"24 CFR 982.307: Tenant screening","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-A/part-5/subpart-I","title":"24 CFR Part 5, Subpart I: Preventing Crime in Federally Assisted Housing","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-A/part-5/subpart-A/section-5.100","title":"24 CFR 5.100: Definitions","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/42/13661","title":"42 U.S.C. 13661: Screening of applicants for federally assisted housing","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/42/13663","title":"42 U.S.C. 13663: Ineligibility of dangerous sex offenders for admission to public housing","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/42/1437n","title":"42 U.S.C. 1437n: Eligibility for assisted housing","publisher":"Cornell Law School Legal Information Institute (mirror of the U.S. Code)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing","title":"Reducing Barriers to HUD-Assisted Housing (proposed rule, 89 FR 25332)","publisher":"Federal Register (U.S. Department of Housing and Urban Development)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2025/01/16/2025-00996/reducing-barriers-to-hud-assisted-housing-withdrawal","title":"Reducing Barriers to HUD-Assisted Housing; Withdrawal (90 FR 4686)","publisher":"Federal Register (U.S. Department of Housing and Urban Development)","accessed":"2026-10-22"},{"url":"https://www.hud.gov/sites/dfiles/OCHCO/documents/PIH-2025-26.pdf","title":"Notice PIH 2025-26 / H 2025-05: Rescission of Joint Notice PIH 2015-19 / H 2015-10","publisher":"U.S. Department of Housing and Urban Development","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/07/17/2026-14432/notice-of-the-withdrawal-of-ogc-guidance-documents","title":"Notice of the Withdrawal of OGC Guidance Documents (91 FR 44867)","publisher":"Federal Register (U.S. Department of Housing and Urban Development)","accessed":"2026-10-22"},{"url":"https://www.federalregister.gov/documents/2026/04/06/2026-06624/notification-of-withdrawal-of-fair-housing-and-equal-opportunity-guidance-documents","title":"Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents (91 FR 17291)","publisher":"Federal Register (U.S. Department of Housing and Urban Development)","accessed":"2026-10-22"},{"url":"https://content.govdelivery.com/attachments/USHUDFHA/2025/11/26/file_attachments/3474936/SOHUD%20Letter%20on%20Criminal%20Screening%20Responsibilities%20of%20PHAs%20and%20Owners_final.pdf","title":"Secretary's Letter on Criminal Screening Responsibilities of PHAs and Owners (November 25, 2025)","publisher":"U.S. Department of Housing and Urban Development (sent through HUD's GovDelivery email service; no hud.gov copy found)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.552","title":"24 CFR 982.552: PHA denial or termination of assistance for family","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.nyc.gov/site/cchr/media/fair-chance-housing-campaign.page","title":"Fair Chance Act in Housing","publisher":"New York City Commission on Human Rights","accessed":"2026-10-22"},{"url":"https://www.nyc.gov/site/nycha/residents/acop/appendix-b-ineligibility-dispositions.page","title":"Admissions and Continued Occupancy Policy, Appendix B: Ineligibility Dispositions","publisher":"New York City Housing Authority","accessed":"2026-10-22"},{"url":"https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/know-the-law/fair-chance-in-housing-act/","title":"Fair Chance in Housing Act","publisher":"New Jersey Office of the Attorney General, Division on Civil Rights","accessed":"2026-10-22"},{"url":"https://www.cookcountyil.gov/content/just-housing-amendment-human-rights-ordinance","title":"Just Housing Amendment to the Human Rights Ordinance","publisher":"Cook County Commission on Human Rights","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"adopt","question":"Can you adopt or foster a child with a felony?","short_name":"Adopt or foster","category":"family_civic","answer":"restricted","answer_line":"Sometimes: federal law bars approval for foster and adoptive parents with certain felonies (child abuse, spousal abuse, crimes against children and violent crimes like rape or homicide at any time, and assault, battery or drug felonies within the last 5 years), and states add their own rules, but many other records are reviewed case by case.","summary":"Every state child welfare agency must fingerprint and run national criminal checks on prospective foster and adoptive parents (42 U.S.C. 671(a)(20)). For children whose care is paid for with federal Title IV-E foster care or adoption assistance funds, approval can't be granted to someone with a felony conviction for child abuse or neglect, spousal abuse, a crime against children, or a violent crime such as rape, sexual assault or homicide, ever; or for physical assault, battery or a drug-related offense (including an alcohol-related felony) in the last 5 years. Other convictions, misdemeanors and older assault or drug felonies are not barred by federal law, but states may set stricter rules and often check everyone over 18 in the home: New York mirrors the federal list and judges other records case by case, Pennsylvania bars a longer list for life, and California requires an exemption for almost any conviction. Private and international adoptions follow state home-study rules and, for international adoptions, U.S. immigration rules that require disclosing all arrests and convictions.","rules":[{"id":"federal-permanent-bar-42-usc-671-a-20-a-i","statement":"A felony conviction at any time for child abuse or neglect, spousal abuse, a crime against children (including child pornography), or a crime involving violence such as rape, sexual assault or homicide bars approval as a foster or adoptive parent for a child supported by federal Title IV-E funds.","detail":"42 U.S.C. 671(a)(20)(A)(i) (Social Security Act 471(a)(20)(A)(i)); 45 CFR 1356.30(b). The violent-crime category expressly excludes 'other physical assault or battery', which fall under the 5-year rule instead. The bar applies when 'a court of competent jurisdiction has determined that the felony was committed', so it turns on convictions, not arrests, and only on felonies.","sources":[{"url":"https://www.ssa.gov/OP_Home/ssact/title04/0471.htm","title":"Social Security Act § 471 [42 U.S.C. 671], State plan for foster care and adoption assistance","publisher":"Social Security Administration (Compilation of the Social Security Laws)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/42/671","title":"42 U.S. Code § 671: State plan for foster care and adoption assistance","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-45/subtitle-B/chapter-XIII/subchapter-G/part-1356/section-1356.30","title":"45 CFR 1356.30: Safety requirements for foster care and adoptive home providers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"federal-five-year-bar-42-usc-671-a-20-a-ii","statement":"A felony conviction for physical assault, battery or a drug-related offense bars approval only if the felony was committed within the past 5 years.","detail":"42 U.S.C. 671(a)(20)(A)(ii); 45 CFR 1356.30(c). HHS's Child Welfare Policy Manual (8.4F, Q5, revised September 30, 2026) says alcohol counts as a drug, so an alcohol-related felony, such as a felony DUI, within the last 5 years also bars approval for Title IV-E placements.","sources":[{"url":"https://www.ssa.gov/OP_Home/ssact/title04/0471.htm","title":"Social Security Act § 471 [42 U.S.C. 671], State plan for foster care and adoption assistance","publisher":"Social Security Administration (Compilation of the Social Security Laws)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-45/subtitle-B/chapter-XIII/subchapter-G/part-1356/section-1356.30","title":"45 CFR 1356.30: Safety requirements for foster care and adoptive home providers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://cwpm.acf.gov/citations/title-iv-e/title-iv-e-general-title-iv-e-requirements/title-iv-e-general-title-iv-e-4","title":"Child Welfare Policy Manual 8.4F: Title IV-E, Criminal Record and Registry Checks","publisher":"Children's Bureau, Administration for Children and Families (HHS)","accessed":"2026-10-22"}]},{"id":"federal-checks-required-for-everyone","statement":"States must run fingerprint-based national criminal checks on prospective foster and adoptive parents they approve before final approval, and check child abuse registries for every adult in the home, whether or not federal payments are involved.","detail":"42 U.S.C. 671(a)(20)(A) requires the fingerprint check 'regardless of whether foster care maintenance payments or adoption assistance payments are to be made', and 671(a)(20)(B) requires checking the state's child abuse and neglect registry, and those of any state where the prospective parent or another adult in the home lived in the past 5 years. HHS's Child Welfare Policy Manual (8.4F, Q10, updated September 30, 2026) says these checks apply to prospective parents whom the agency or its agents (such as a licensing authority or a contracted agency) will license or approve to care for a child in the state's child welfare (title IV-B/IV-E) program, and that the federal fingerprint requirement doesn't cover other household members over 18; it notes that the Child Abuse Prevention and Treatment Act (CAPTA, section 106(b)(2)(B)(xxii)) separately requires states to have criminal background checks for other adults living in the household.","sources":[{"url":"https://www.ssa.gov/OP_Home/ssact/title04/0471.htm","title":"Social Security Act § 471 [42 U.S.C. 671], State plan for foster care and adoption assistance","publisher":"Social Security Administration (Compilation of the Social Security Laws)","accessed":"2026-10-22"},{"url":"https://cwpm.acf.gov/citations/title-iv-e/title-iv-e-general-title-iv-e-requirements/title-iv-e-general-title-iv-e-4","title":"Child Welfare Policy Manual 8.4F: Title IV-E, Criminal Record and Registry Checks","publisher":"Children's Bureau, Administration for Children and Families (HHS)","accessed":"2026-10-22"}]},{"id":"how-the-federal-bar-works","statement":"The federal bans are tied to federal funding: there are no federal exceptions for rehabilitation, the statute applies them to placements paid for under Title IV-E, and states are free to be stricter.","detail":"HHS's Child Welfare Policy Manual says there are no exceptions to the federal felony bars once in effect, even if the agency considers the person rehabilitated or thinks the placement would be good for the child; a state 'has the discretion to place the child' in such a home but may not claim Title IV-E foster care or adoption assistance payments (8.4F, Q24). It also says agencies may set more restrictive criteria than federal law (Q15, updated September 30, 2026). The federal regulation is worded more broadly than the manual: 45 CFR 1356.30(b)-(c) says the agency 'may not approve or license any prospective foster or adoptive parent' with these convictions. In practice, whether the federal list is a hard bar for every placement depends on state law, which is why state rules matter (see the state examples).","sources":[{"url":"https://cwpm.acf.gov/citations/title-iv-e/title-iv-e-general-title-iv-e-requirements/title-iv-e-general-title-iv-e-4","title":"Child Welfare Policy Manual 8.4F: Title IV-E, Criminal Record and Registry Checks","publisher":"Children's Bureau, Administration for Children and Families (HHS)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-45/subtitle-B/chapter-XIII/subchapter-G/part-1356/section-1356.30","title":"45 CFR 1356.30: Safety requirements for foster care and adoptive home providers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"id":"private-and-international-adoptions","statement":"The federal Title IV-E bars reach private, independent and international adoptions only when the child will receive Title IV-E adoption assistance; otherwise state home-study law and, for international adoptions, federal immigration rules apply.","detail":"CWPM 8.4F, Q33. For intercountry (Hague Convention) adoptions, 8 CFR 204.311 requires the prospective parent and every adult in the household to disclose any arrest, conviction or other adverse criminal history in the U.S. or abroad, even if it was expunged, sealed or pardoned; the home study must discuss it, and a favorable recommendation based on rehabilitation can't be made while anyone is on probation, parole or supervised release. USCIS's Policy Manual says the home-study preparer may make a favorable finding for a person with a criminal or abuse history only if they have achieved appropriate rehabilitation.","sources":[{"url":"https://cwpm.acf.gov/citations/title-iv-e/title-iv-e-general-title-iv-e-requirements/title-iv-e-general-title-iv-e-4","title":"Child Welfare Policy Manual 8.4F: Title IV-E, Criminal Record and Registry Checks","publisher":"Children's Bureau, Administration for Children and Families (HHS)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/subpart-C/section-204.311","title":"8 CFR 204.311: Convention adoption home study requirements","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.uscis.gov/policy-manual/volume-5-part-b-chapter-4","title":"USCIS Policy Manual, Volume 5, Part B, Chapter 4: Home Studies","publisher":"U.S. Citizenship and Immigration Services","accessed":"2026-10-22"}]},{"id":"adam-walsh-act-international","statement":"A U.S. citizen or permanent resident convicted of a 'specified offense against a minor' can't file an adoption-based immigration petition for a child unless USCIS decides, in its sole discretion, that the person poses no risk to the child.","detail":"8 U.S.C. 1154(a)(1)(A)(viii) and (B)(i), added by the Adam Walsh Child Protection and Safety Act of 2006; 'specified offense against a minor' is defined in 34 U.S.C. 20911. USCIS's Policy Manual says the bar covers family-based petitions 'including adoption petitions', such as Form I-800.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/8/1154","title":"8 U.S. Code § 1154: Procedure for granting immigrant status","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.uscis.gov/policy-manual/volume-5-part-d-chapter-8","title":"USCIS Policy Manual, Volume 5, Part D, Chapter 8: Documentation and Evidence","publisher":"U.S. Citizenship and Immigration Services","accessed":"2026-10-22"}]}],"barriers":[{"statement":"Other adults in your home are checked too, and in some states their records can block your approval.","detail":"Federal law requires registry checks for every adult in the home (42 U.S.C. 671(a)(20)(B)). Pennsylvania bars approval if any adult who lives in the home at least 30 days a year has a listed conviction (23 Pa.C.S. 6344(o)-(p)); New York may deny an application based on any household adult's charge or conviction (Social Services Law 378-a(2)(e)(3)(B)).","sources":[{"url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=63&section=44&subsctn=0","title":"23 Pa.C.S. § 6344: Employees having contact with children; adoptive and foster parents","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"},{"url":"https://www.nysenate.gov/legislation/laws/SOS/378-A","title":"New York Social Services Law § 378-a: Access to conviction records by authorized agencies","publisher":"New York State Senate","accessed":"2026-10-22"}]},{"statement":"A pending charge can put your application on hold.","detail":"New York holds a final decision in abeyance when a prospective parent has an unresolved charge for a crime on the mandatory list, or a felony conviction that may be one (378-a(2)(e)(2)). California's Department of Social Services says it can investigate arrests to decide whether the underlying conduct is substantiated.","sources":[{"url":"https://www.nysenate.gov/legislation/laws/SOS/378-A","title":"New York Social Services Law § 378-a: Access to conviction records by authorized agencies","publisher":"New York State Senate","accessed":"2026-10-22"},{"url":"https://www.cdss.ca.gov/inforesources/community-care/caregiver-background-check/background-check-process","title":"Background Check Process","publisher":"California Department of Social Services, Community Care Licensing Division","accessed":"2026-10-22"}]},{"statement":"Expunged or sealed records may still have to be disclosed, especially in international adoptions.","detail":"8 CFR 204.311(d)(1)(ii) requires disclosure of arrests and convictions even if expunged, sealed or pardoned.","sources":[{"url":"https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/subpart-C/section-204.311","title":"8 CFR 204.311: Convention adoption home study requirements","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"New arrests or convictions after approval must be reported quickly and can end the placement.","detail":"Pennsylvania requires foster and prospective adoptive parents to give written notice within 72 hours of an arrest or conviction for a disqualifying offense by them or another adult in the home (23 Pa.C.S. 6344(d)(4.1)). New York revokes a foster parent's certification, or an adoptive parent's approval before the adoption is final, on a conviction for a crime on its mandatory list (378-a(2)(e)(5)).","sources":[{"url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=63&section=44&subsctn=0","title":"23 Pa.C.S. § 6344: Employees having contact with children; adoptive and foster parents","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"},{"url":"https://www.nysenate.gov/legislation/laws/SOS/378-A","title":"New York Social Services Law § 378-a: Access to conviction records by authorized agencies","publisher":"New York State Senate","accessed":"2026-10-22"}]}],"waivers":[{"statement":"Records outside the mandatory lists are usually weighed case by case, and rehabilitation evidence matters.","detail":"New York decides other convictions under Correction Law Article 23-A, which looks at the relationship to the role, time elapsed and rehabilitation (378-a(2)(e)(3)). For international adoptions, a home-study preparer may make a favorable finding if the person has achieved appropriate rehabilitation (8 CFR 204.311(l)).","sources":[{"url":"https://www.nysenate.gov/legislation/laws/SOS/378-A","title":"New York Social Services Law § 378-a: Access to conviction records by authorized agencies","publisher":"New York State Senate","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/subpart-C/section-204.311","title":"8 CFR 204.311: Convention adoption home study requirements","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"}]},{"statement":"California: if your conviction can be exempted, you can ask for a criminal record exemption and appeal a denial.","detail":"CDSS asks for a written request, three character references on form LIC 301E, proof of classes or treatment, and a detailed statement about each conviction, all within 45 days of its notice letter; a denial can be appealed in writing within 15 days. CDSS says the non-exemptible list differs for Resource Family Approval (foster and adoptive) applicants, and its April 2025 Non-Exemptible Crimes list says that for people connected with a foster family home or certified family home, the federal non-exemptible crimes and the federal 5-year ban list also apply.","sources":[{"url":"https://www.cdss.ca.gov/inforesources/community-care/caregiver-background-check/exemptions","title":"Exemptions","publisher":"California Department of Social Services, Community Care Licensing Division","accessed":"2026-10-22"},{"url":"https://www.cdss.ca.gov/inforesources/community-care/caregiver-background-check/background-check-process","title":"Background Check Process","publisher":"California Department of Social Services, Community Care Licensing Division","accessed":"2026-10-22"},{"url":"https://www.cdss.ca.gov/Portals/9/CPMB/Non-Exemptible%20Crimes%20List%20-%20April%202025.pdf","title":"Non-Exemptible Crimes (revised April 2025)","publisher":"California Department of Social Services, Care Provider Management Branch","accessed":"2026-10-22"}]},{"statement":"Time-limited bars end: the federal assault, battery and drug-felony bar runs 5 years from when the felony was committed.","detail":"42 U.S.C. 671(a)(20)(A)(ii).","sources":[{"url":"https://www.ssa.gov/OP_Home/ssact/title04/0471.htm","title":"Social Security Act § 471 [42 U.S.C. 671], State plan for foster care and adoption assistance","publisher":"Social Security Administration (Compilation of the Social Security Laws)","accessed":"2026-10-22"}]},{"statement":"For an adoption-based immigration petition, USCIS can find that a person with a specified offense against a minor poses no risk, at its sole discretion.","detail":"8 U.S.C. 1154(a)(1)(A)(viii)(I).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/8/1154","title":"8 U.S. Code § 1154: Procedure for granting immigrant status","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"}]}],"steps":["Get your full record (state and FBI) with court dispositions, and note for each felony what it was and when it was committed.","Compare your record with the federal lists: child abuse, spousal abuse, crimes against children and violent felonies such as rape, sexual assault or homicide (any time), and assault, battery or drug or alcohol felonies (5 years).","Ask the same questions about every adult who lives with you, since their records are checked too.","Contact your state or county child welfare agency, or a licensed private agency, and ask for its written criminal-history standards for foster or adoptive parents before you start training.","Disclose everything the application asks about, including expunged or sealed records if the form asks for them.","If your record isn't on a mandatory list, prepare rehabilitation evidence: completed sentence, treatment or classes, work history, character references and a written explanation.","For an international adoption, talk to an accredited adoption service provider about the USCIS home-study rules before you pay fees."],"state_variation":"mostly_state","state_detail":"Federal law sets a floor: fingerprint checks for every prospective foster or adoptive parent and specific felony bars for federally funded placements. States license or approve the homes and decide everything else, including whether the federal list bars every placement, whether misdemeanors or older offenses count, which household members' records matter, and whether exemptions exist. Private agencies apply their state's rules.","state_examples":[{"state":"NY","statement":"New York must deny foster or adoptive parent applications for the federal list of felonies (any time for child abuse, spousal abuse, crimes against children and violent crimes; within 5 years for assault, battery or drug felonies, unless the offense is eligible for expungement under Criminal Procedure Law 160.50), holds decisions while such charges are pending, and may deny for other convictions or a household adult's record after weighing them under Correction Law Article 23-A.","source":{"url":"https://www.nysenate.gov/legislation/laws/SOS/378-A","title":"New York Social Services Law § 378-a: Access to conviction records by authorized agencies","publisher":"New York State Senate","accessed":"2026-10-22"}},{"state":"PA","statement":"Pennsylvania may not approve a foster or prospective adoptive parent if the parent, or an adult living in the home at least 30 days a year, has ever been found guilty of offenses on a list that includes homicide, aggravated assault, stalking, kidnapping, sexual offenses, endangering the welfare of children and corruption of minors (not limited to felonies), or of a felony drug offense in the past 5 years, or is named in a founded child abuse report from the past 5 years.","source":{"url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=63&section=44&subsctn=0","title":"23 Pa.C.S. § 6344(c), (o) and (p)","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"}},{"state":"CA","statement":"California's Department of Social Services says anyone it background-checks for licensed community care with a conviction other than a minor traffic violation, including misdemeanors and old convictions, needs a criminal record exemption, and that 60 crimes, including murder, rape, torture, kidnapping and crimes requiring sex-offender registration, are non-exemptible; a person with a non-exemptible conviction can't work in any licensed facility, and an application will be denied.","source":{"url":"https://www.cdss.ca.gov/inforesources/community-care/caregiver-background-check/exemptions","title":"Exemptions","publisher":"California Department of Social Services, Community Care Licensing Division","accessed":"2026-10-22"}}],"official_links":[{"name":"HHS Child Welfare Policy Manual 8.4F","url":"https://cwpm.acf.gov/citations/title-iv-e/title-iv-e-general-title-iv-e-requirements/title-iv-e-general-title-iv-e-4","detail":"The federal government's own answers on the foster and adoptive parent background check rules."},{"name":"42 U.S.C. 671(a)(20) (Social Security Act 471)","url":"https://www.ssa.gov/OP_Home/ssact/title04/0471.htm","detail":"The federal felony bars and check requirements."},{"name":"California CDSS: Criminal record exemptions","url":"https://www.cdss.ca.gov/inforesources/community-care/caregiver-background-check/exemptions","detail":"How to ask for an exemption in California. Care Provider Management Branch: 1-888-422-5669."},{"name":"USCIS Policy Manual: Home studies for intercountry adoption","url":"https://www.uscis.gov/policy-manual/volume-5-part-b-chapter-4","detail":"What an international adoption home study must say about criminal history."}],"related":["jury-duty","teacher","cna"],"sources":[{"url":"https://www.ssa.gov/OP_Home/ssact/title04/0471.htm","title":"Social Security Act § 471 [42 U.S.C. 671], State plan for foster care and adoption assistance","publisher":"Social Security Administration (Compilation of the Social Security Laws)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/42/671","title":"42 U.S. Code § 671: State plan for foster care and adoption assistance","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-45/subtitle-B/chapter-XIII/subchapter-G/part-1356/section-1356.30","title":"45 CFR 1356.30: Safety requirements for foster care and adoptive home providers","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://cwpm.acf.gov/citations/title-iv-e/title-iv-e-general-title-iv-e-requirements/title-iv-e-general-title-iv-e-4","title":"Child Welfare Policy Manual 8.4F: Title IV-E, Criminal Record and Registry Checks","publisher":"Children's Bureau, Administration for Children and Families (HHS)","accessed":"2026-10-22"},{"url":"https://www.nysenate.gov/legislation/laws/SOS/378-A","title":"New York Social Services Law § 378-a: Access to conviction records by authorized agencies","publisher":"New York State Senate","accessed":"2026-10-22"},{"url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=63&section=44&subsctn=0","title":"23 Pa.C.S. § 6344: Employees having contact with children; adoptive and foster parents","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"},{"url":"https://www.cdss.ca.gov/inforesources/community-care/caregiver-background-check/background-check-process","title":"Background Check Process","publisher":"California Department of Social Services, Community Care Licensing Division","accessed":"2026-10-22"},{"url":"https://www.cdss.ca.gov/inforesources/community-care/caregiver-background-check/exemptions","title":"Exemptions","publisher":"California Department of Social Services, Community Care Licensing Division","accessed":"2026-10-22"},{"url":"https://www.cdss.ca.gov/Portals/9/CPMB/Non-Exemptible%20Crimes%20List%20-%20April%202025.pdf","title":"Non-Exemptible Crimes (revised April 2025)","publisher":"California Department of Social Services, Care Provider Management Branch","accessed":"2026-10-22"},{"url":"https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-204/subpart-C/section-204.311","title":"8 CFR 204.311: Convention adoption home study requirements","publisher":"eCFR (National Archives, Office of the Federal Register)","accessed":"2026-10-22"},{"url":"https://www.uscis.gov/policy-manual/volume-5-part-b-chapter-4","title":"USCIS Policy Manual, Volume 5, Part B, Chapter 4: Home Studies","publisher":"U.S. Citizenship and Immigration Services","accessed":"2026-10-22"},{"url":"https://www.uscis.gov/policy-manual/volume-5-part-d-chapter-8","title":"USCIS Policy Manual, Volume 5, Part D, Chapter 8: Documentation and Evidence","publisher":"U.S. Citizenship and Immigration Services","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/8/1154","title":"8 U.S. Code § 1154: Procedure for granting immigrant status","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"jury-duty","question":"Can you serve on a jury with a felony?","short_name":"Jury service","category":"family_civic","answer":"restricted","answer_label":"Often not, at least for a while","answer_line":"Often not, at least for a while: federal courts disqualify anyone with a conviction punishable by more than a year unless their civil rights have been restored, and each state sets its own rule, from eligibility once your sentence is finished (California) to a lifetime bar unless you are pardoned (Pennsylvania).","summary":"Jury service is governed separately for federal and state courts. Federal law disqualifies anyone with a pending charge for, or a conviction of, a crime punishable by more than one year in prison, unless their civil rights have been restored (28 U.S.C. 1865(b)(5)); because the test is the possible sentence, not the label, some state misdemeanors count too. State courts follow state law, and the rules differ widely: California bars people only while incarcerated, on felony supervision, or required to register as a sex offender for a felony; Utah restores eligibility if the felony is expunged or reduced to a misdemeanor (since May 7, 2025); Florida requires restoration of civil rights through executive clemency, which its 2018 voting amendment did not provide; and Pennsylvania bars anyone convicted of a crime punishable by more than a year unless pardoned. A pending charge can disqualify you as well, under federal law and in states such as Florida.","rules":[{"id":"federal-juries-28-usc-1865-b-5","statement":"For federal juries, you are disqualified if you have a pending charge for, or have been convicted in a state or federal court of, a crime punishable by more than one year in prison, unless your civil rights have been restored.","detail":"28 U.S.C. 1865(b)(5) applies to both grand and trial juries in federal district court. The U.S. Courts' juror qualifications page states the rule as never having been convicted of a felony 'unless civil rights have been legally restored or never were lost in the jurisdiction of conviction', and not currently being subject to felony charges punishable by more than one year. Whether your rights are restored depends on the law of the place where you were convicted.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/28/1865","title":"28 U.S. Code § 1865: Qualifications for jury service","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.uscourts.gov/court-programs/jury-service/juror-qualifications-exemptions-and-excuses","title":"Juror Qualifications, Exemptions and Excuses","publisher":"Administrative Office of the U.S. Courts","accessed":"2026-10-22"}]},{"id":"punishable-not-sentenced","statement":"What counts is the maximum possible sentence for the crime, not the sentence you actually got or whether it was called a felony.","detail":"The federal rule and Pennsylvania's rule both use 'a crime punishable by imprisonment for more than one year'. In Pennsylvania, for example, a first-degree misdemeanor carries up to 5 years and a second-degree misdemeanor up to 2 years (18 Pa.C.S. 1104), so those misdemeanor convictions also disqualify a person from Pennsylvania juries unless pardoned.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/28/1865","title":"28 U.S. Code § 1865: Qualifications for jury service","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42&div=0&chapter=45&section=2&subsctn=0","title":"42 Pa.C.S. § 4502: Qualifications of jurors","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"},{"url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=18&div=0&chapter=11&section=4&subsctn=0","title":"18 Pa.C.S. § 1104: Sentence of imprisonment for misdemeanors","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"}]},{"id":"state-juries-follow-state-law","statement":"For state and local court juries, your state's law decides, and the rules range from eligibility after your sentence ends to a lifetime bar unless pardoned.","detail":"Examples (see state examples for details): California restores eligibility once you are off felony parole, probation or supervision, unless you must register as a sex offender for a felony (Code of Civil Procedure 203(a)(9)-(11)); Utah restores it if the felony is expunged or reduced to a misdemeanor (Utah Code 78B-1-105(2)); Florida requires restoration of civil rights through clemency (Fla. Stat. 40.013(1)); Pennsylvania requires a pardon or amnesty (42 Pa.C.S. 4502(a)(3)).","sources":[{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=203","title":"California Code of Civil Procedure § 203","publisher":"California Legislative Information","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title78B/Chapter1/78B-1-S105.html","title":"Utah Code § 78B-1-105: Jurors, competency to serve","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0040/Sections/0040.013.html","title":"Florida Statutes § 40.013 (2026): Persons disqualified or excused from jury service","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-22"},{"url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42&div=0&chapter=45&section=2&subsctn=0","title":"42 Pa.C.S. § 4502: Qualifications of jurors","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"}]},{"id":"pending-charges","statement":"A pending charge can disqualify you even without a conviction.","detail":"Federal law disqualifies anyone with a pending charge for a crime punishable by more than one year (28 U.S.C. 1865(b)(5)). Florida disqualifies anyone 'under prosecution for any crime' (Fla. Stat. 40.013(1)). An arrest that didn't lead to a charge or conviction isn't a disqualification under these statutes.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/28/1865","title":"28 U.S. Code § 1865: Qualifications for jury service","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0040/Sections/0040.013.html","title":"Florida Statutes § 40.013 (2026): Persons disqualified or excused from jury service","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-22"}]},{"id":"answer-the-questionnaire-truthfully","statement":"Answer the juror qualification form truthfully: willfully misstating a material fact to avoid or get onto a federal jury can be punished.","detail":"28 U.S.C. 1864(b): a fine of up to $1,000, up to three days in jail, community service, or a combination. The court decides qualification from the form and other evidence (1865(a)).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/28/1864","title":"28 U.S. Code § 1864: Drawing of names from the master jury wheel; completion of juror qualification form","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"}]}],"barriers":[{"statement":"In Florida, getting your right to vote back doesn't give you back the right to serve on a jury.","detail":"Florida's Commission on Offender Review says the 2018 Voting Restoration Amendment covers only the right to vote, and that the right to sit on a jury can be restored only by applying to the Board of Executive Clemency.","sources":[{"url":"https://www.fcor.state.fl.us/clemency","title":"Clemency","publisher":"Florida Commission on Offender Review","accessed":"2026-10-22"}]},{"statement":"Being on felony parole, probation or supervision, or in jail or prison, disqualifies you even in states with generous rules.","detail":"California Code of Civil Procedure 203(a)(9)-(10).","sources":[{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=203","title":"California Code of Civil Procedure § 203","publisher":"California Legislative Information","accessed":"2026-10-22"}]},{"statement":"Sex-offender registration based on a felony keeps you off California juries for as long as you must register.","detail":"California Code of Civil Procedure 203(a)(11).","sources":[{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=203","title":"California Code of Civil Procedure § 203","publisher":"California Legislative Information","accessed":"2026-10-22"}]}],"waivers":[{"statement":"Restoration of civil rights, a pardon, an expungement or a reduction of the offense can restore eligibility, depending on the court.","detail":"Federal: civil rights restored (28 U.S.C. 1865(b)(5)). For a federal conviction, the Justice Department's Office of the Pardon Attorney says a presidential pardon removes civil disabilities, such as restrictions on the right to sit on a jury, imposed because of the pardoned conviction, and that some, but not all, states have procedures to restore civil rights such as jury service even after a federal felony conviction; it tells people to ask the clemency authorities in the state where they live. Pennsylvania: a pardon or amnesty (42 Pa.C.S. 4502(a)(3)). Utah: expungement, or reduction of the felony to a misdemeanor (78B-1-105(2)). Florida: restoration of civil rights through the Board of Executive Clemency (Fla. Stat. 40.013(1)).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/28/1865","title":"28 U.S. Code § 1865: Qualifications for jury service","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.justice.gov/pardon/frequently-asked-questions","title":"Office of the Pardon Attorney: Frequently Asked Questions","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-22"},{"url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42&div=0&chapter=45&section=2&subsctn=0","title":"42 Pa.C.S. § 4502: Qualifications of jurors","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title78B/Chapter1/78B-1-S105.html","title":"Utah Code § 78B-1-105: Jurors, competency to serve","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://www.fcor.state.fl.us/clemency","title":"Clemency","publisher":"Florida Commission on Offender Review","accessed":"2026-10-22"}]},{"statement":"If you're summoned but not qualified, say so on the qualification form; the federal penalty is for willfully misstating facts, not for being disqualified.","detail":"Under 28 U.S.C. 1865(a), the court determines qualification from the juror qualification form and other competent evidence; the penalty in 1864(b) is for willful misstatements, not for being unqualified.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/28/1865","title":"28 U.S. Code § 1865: Qualifications for jury service","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/28/1864","title":"28 U.S. Code § 1864: Drawing of names from the master jury wheel; completion of juror qualification form","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"}]}],"steps":["Check which court summoned you: federal (U.S. District Court) or state, county or municipal. Different rules apply.","Look up the maximum possible sentence for each offense you were convicted of; for federal juries, anything punishable by more than one year counts, even if you served less or it was called a misdemeanor.","Find out whether your civil rights were restored, or whether you received a pardon, expungement, or a reduction to a misdemeanor, and get the paperwork.","Read your state's juror qualification statute or the court's jury page (examples below), and note whether you must be off probation or parole, or need a pardon or restoration.","Answer the juror questionnaire honestly; if you aren't sure whether you're qualified, call the jury office named on your summons and ask before the reporting date.","If you want to regain eligibility, ask about your state's restoration, pardon or record-clearing process."],"state_variation":"mostly_state","state_detail":"Federal juries follow 28 U.S.C. 1865. State court juries follow each state's own statute, and the rules vary: some states bar people only while they are serving a sentence, some restore eligibility after a pardon, expungement or restoration of civil rights, and some keep a lifetime bar unless pardoned. In the federal system, whether your civil rights have been restored depends on the law of the jurisdiction where you were convicted.","state_examples":[{"state":"CA","statement":"Since January 1, 2020 (SB 310), people with felony convictions can serve on California juries unless they are in jail or prison, on felony parole, postrelease community supervision, felony probation or mandated supervision, or currently required to register as a sex offender because of a felony; a conviction for malfeasance in office also disqualifies until civil rights are restored.","source":{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=203","title":"California Code of Civil Procedure § 203 (as amended by Stats. 2019, ch. 591, SB 310)","publisher":"California Legislative Information","accessed":"2026-10-22"}},{"state":"UT","statement":"Since May 7, 2025 (H.B. 49), a felony conviction from any U.S. state or federal court keeps you off Utah juries unless it has been expunged or reduced to a misdemeanor; before that, only expungement restored eligibility.","source":{"url":"https://le.utah.gov/~2025/bills/static/HB0049.html","title":"H.B. 49 Juror Eligibility Amendments (2025 General Session)","publisher":"Utah State Legislature","accessed":"2026-10-22"}},{"state":"FL","statement":"Florida disqualifies anyone under prosecution for any crime, and anyone convicted of bribery, forgery, perjury, larceny or a felony, unless their civil rights are restored; that restoration comes only from the Board of Executive Clemency, not from the 2018 voting amendment.","source":{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0040/Sections/0040.013.html","title":"Florida Statutes § 40.013 (2026): Persons disqualified or excused from jury service","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-22"}},{"state":"PA","statement":"Pennsylvania disqualifies anyone convicted of a crime punishable by more than one year in prison, which includes first-degree (up to 5 years) and second-degree (up to 2 years) misdemeanors but not third-degree misdemeanors (up to 1 year), for life unless they receive a pardon or amnesty.","source":{"url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42&div=0&chapter=45&section=2&subsctn=0","title":"42 Pa.C.S. § 4502: Qualifications of jurors","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"}}],"official_links":[{"name":"U.S. Courts: Juror qualifications","url":"https://www.uscourts.gov/court-programs/jury-service/juror-qualifications-exemptions-and-excuses","detail":"Who can serve on a federal jury."},{"name":"28 U.S.C. 1865","url":"https://www.law.cornell.edu/uscode/text/28/1865","detail":"The federal juror qualification statute."},{"name":"Florida: Restoration of civil rights (clemency)","url":"https://www.fcor.state.fl.us/clemency","detail":"How to apply to restore the right to serve on a Florida jury. Office of Executive Clemency: 1-800-435-8286."}],"related":["adopt","leave-the-country"],"sources":[{"url":"https://www.law.cornell.edu/uscode/text/28/1865","title":"28 U.S. Code § 1865: Qualifications for jury service","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.law.cornell.edu/uscode/text/28/1864","title":"28 U.S. Code § 1864: Drawing of names from the master jury wheel; completion of juror qualification form","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-22"},{"url":"https://www.uscourts.gov/court-programs/jury-service/juror-qualifications-exemptions-and-excuses","title":"Juror Qualifications, Exemptions and Excuses","publisher":"Administrative Office of the U.S. Courts","accessed":"2026-10-22"},{"url":"https://www.justice.gov/pardon/frequently-asked-questions","title":"Office of the Pardon Attorney: Frequently Asked Questions","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-22"},{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=203","title":"California Code of Civil Procedure § 203","publisher":"California Legislative Information","accessed":"2026-10-22"},{"url":"https://le.utah.gov/xcode/Title78B/Chapter1/78B-1-S105.html","title":"Utah Code § 78B-1-105: Jurors, competency to serve","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"https://le.utah.gov/~2025/bills/static/HB0049.html","title":"H.B. 49 Juror Eligibility Amendments (2025 General Session)","publisher":"Utah State Legislature","accessed":"2026-10-22"},{"url":"http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0040/Sections/0040.013.html","title":"Florida Statutes § 40.013 (2026): Persons disqualified or excused from jury service","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-22"},{"url":"https://www.fcor.state.fl.us/clemency","title":"Clemency","publisher":"Florida Commission on Offender Review","accessed":"2026-10-22"},{"url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42&div=0&chapter=45&section=2&subsctn=0","title":"42 Pa.C.S. § 4502: Qualifications of jurors","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"},{"url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=18&div=0&chapter=11&section=4&subsctn=0","title":"18 Pa.C.S. § 1104: Sentence of imprisonment for misdemeanors","publisher":"Pennsylvania General Assembly","accessed":"2026-10-22"}],"last_verified":"2026-10-22"},{"slug":"guns","question":"Can you own a gun with a felony?","short_name":"Owning a gun","category":"family_civic","answer":"usually_no","answer_line":"Usually no: federal law bars people convicted of a crime punishable by more than one year in prison (with a few exceptions, such as some state misdemeanors punishable by two years or less) from having a gun or ammunition, and the ways out (a pardon, an expungement or a rights restoration that doesn't keep the firearm ban, or federal relief that DOJ is only now starting to open) are narrow.","summary":"The federal Gun Control Act makes it a crime to ship, transport, possess or receive firearms or ammunition after a conviction for any crime punishable by more than one year in prison. The test is the maximum penalty, not the label or the sentence you got, so it can cover an offense a state calls a misdemeanor if it is punishable by more than two years. A few things are left out of the federal definition, and an expunged, set-aside or pardoned conviction or one with civil rights restored does not count unless the order itself says you may not have firearms. A separate federal ban covers some domestic violence misdemeanors, and a narrower one applies while you are under indictment. States add their own bans and their own ways to restore rights, and a state restoration may not lift the federal ban. In August 2026 the Justice Department finalized a rebuilt federal relief program under 18 U.S.C. 925(c); as of October 31, 2026 it is opening in stages and its online application is still marked 'coming soon.'","rules":[{"id":"federal-ban-922-g-1","statement":"Federal law makes it unlawful to have a firearm or ammunition if you have been convicted, in any court, of a crime punishable by imprisonment for more than one year.","detail":"18 U.S.C. 922(g)(1). The statute covers shipping, transporting, possessing and receiving. The test is what the crime is punishable by, not the sentence you actually got, so a conviction that drew only probation can still count. Knowingly violating 922(g) is punishable by up to 15 years in prison (18 U.S.C. 924(a)(8)). ATF's list of prohibited persons says the same. This is federal law, so it applies on top of whatever your state allows.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/922","title":"18 U.S. Code § 922: Unlawful acts","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.law.cornell.edu/uscode/text/18/924","title":"18 U.S. Code § 924: Penalties","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.atf.gov/firearms/tools-services-law-enforcement/identify-prohibited-persons","title":"Identify Prohibited Persons (page last updated January 9, 2020)","publisher":"Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)","accessed":"2026-10-31"}]},{"id":"ammunition-is-covered","statement":"The federal ban covers ammunition as well as guns.","detail":"922(g) says 'any firearm or ammunition,' and the Code defines ammunition as ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm (18 U.S.C. 921(a)(17)(A)). Selling or otherwise disposing of a gun or ammunition to someone you know or have reasonable cause to believe has such a conviction, or is under indictment for such a crime, is also a federal crime for the seller or giver (922(d)(1)). Knowingly making a false statement to a licensed dealer about a fact material to the lawfulness of a sale is a separate federal offense (922(a)(6); up to 10 years under 924(a)(2)).","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/921","title":"18 U.S. Code § 921: Definitions","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.law.cornell.edu/uscode/text/18/922","title":"18 U.S. Code § 922: Unlawful acts","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.law.cornell.edu/uscode/text/18/924","title":"18 U.S. Code § 924: Penalties","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"}]},{"id":"what-the-ban-leaves-out-921-a-20","statement":"The federal 'crime punishable by more than one year' does not include certain antitrust and business-regulation offenses, or a state offense that the state classifies as a misdemeanor and punishes with two years or less.","detail":"18 U.S.C. 921(a)(20)(A)-(B). Both parts of the state exception have to be true: the state must call it a misdemeanor and the maximum must be two years or less. A state misdemeanor with a higher maximum still counts; the Third Circuit's Range opinion describes a Pennsylvania misdemeanor punishable by up to five years that the exception did not cover. Whether you count as 'convicted' is decided under the law of the place where your case was heard.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/921","title":"18 U.S. Code § 921: Definitions","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www2.ca3.uscourts.gov/opinarch/212835pen1.pdf","title":"Range v. Attorney General, No. 21-2835 (3d Cir. Dec. 23, 2024) (en banc)","publisher":"U.S. Court of Appeals for the Third Circuit","accessed":"2026-10-31"}]},{"id":"expunged-pardoned-restored-921-a-20","statement":"A conviction that was expunged or set aside, or one for which you were pardoned or had your civil rights restored, does not count under the federal ban unless the pardon, expungement or restoration expressly says you may not have firearms.","detail":"18 U.S.C. 921(a)(20), last sentence. The wording of the order matters: some state orders restore civil rights but keep firearm limits, and those do not lift the federal ban. DOJ's own FAQ also says a state restoration of a state conviction may not remove federal limits and that a state restoration does not remove limits from a federal conviction, so read the order itself or ask the agency or court that issued it.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/921","title":"18 U.S. Code § 921: Definitions","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.justice.gov/ffrr/federal-firearm-rights-restoration-frequently-asked-questions","title":"Federal Firearm Rights Restoration Frequently Asked Questions (updated October 27, 2026)","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-31"}]},{"id":"misdemeanor-domestic-violence-922-g-9","statement":"A separate federal ban covers anyone convicted of a misdemeanor crime of domestic violence.","detail":"18 U.S.C. 922(g)(9) and the definition in 921(a)(33). The offense must be a misdemeanor with, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, by a current or former spouse, parent or guardian of the victim, a person who shares a child with the victim, a person who lives or lived with the victim as a spouse, parent or guardian, a similarly situated person, or (with special rules) a person in a current or recent dating relationship. You are not treated as convicted unless you had a lawyer (or knowingly gave up that right) and, where a jury trial was available, had one or knowingly gave it up. An expungement, set-aside or pardon ends this ban unless it expressly keeps the firearm limit, and a civil-rights restoration counts only where the law of that place takes civil rights away for the offense. For a dating-relationship case, 921(a)(33)(C) has a separate rule that can lift the ban after five years for someone with only one such conviction who is not otherwise barred; read that paragraph for the conditions.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/922","title":"18 U.S. Code § 922: Unlawful acts","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.law.cornell.edu/uscode/text/18/921","title":"18 U.S. Code § 921: Definitions","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"}]},{"id":"under-indictment-922-n","statement":"While you are under indictment for a crime punishable by more than one year, federal law makes it unlawful to ship or transport a firearm or ammunition in interstate or foreign commerce, or to receive one that has been shipped or transported in interstate or foreign commerce.","detail":"18 U.S.C. 922(n) (ATF's page also lists it). This applies to a pending charge, not a conviction, and the text covers shipping, transporting and receiving; it does not use the word 'possess.' Selling or otherwise disposing of a firearm or ammunition to someone you know or have reasonable cause to believe is under indictment for such a crime is also barred (922(d)(1)). Other federal and state rules may still apply while a case is pending.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/922","title":"18 U.S. Code § 922: Unlawful acts","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.atf.gov/firearms/tools-services-law-enforcement/identify-prohibited-persons","title":"Identify Prohibited Persons (page last updated January 9, 2020)","publisher":"Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)","accessed":"2026-10-31"}]},{"id":"antique-firearms-921-a-3-and-16","statement":"The federal definition of 'firearm' leaves out 'antique firearms,' a defined group that includes guns made in or before 1898 and certain black-powder muzzle-loaders. This is the federal definition only; state laws use their own.","detail":"18 U.S.C. 921(a)(3) says the term 'firearm' does not include an antique firearm. Under 921(a)(16), 'antique firearm' means (A) any firearm, including one with a matchlock, flintlock, percussion cap or similar ignition system, made in or before 1898; (B) a replica of such a gun that is not designed or redesigned for rimfire or conventional centerfire fixed ammunition, or that uses such ammunition only if it is no longer made in the United States and not readily available in ordinary commercial channels; or (C) a muzzle-loading rifle, shotgun or pistol designed to use black powder or a black powder substitute that cannot use fixed ammunition. For part (C), the term does not include a weapon that incorporates a firearm frame or receiver, a firearm converted into a muzzle-loader, or a muzzle-loader that can readily be converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any combination of them. State bans use their own definitions; Texas, for example, defines 'firearm' in Penal Code 46.01(3) with its own antique exclusion.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/921","title":"18 U.S. Code § 921: Definitions","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm","title":"Texas Penal Code Chapter 46 (including §§ 46.01 and 46.04)","publisher":"Texas Legislature","accessed":"2026-10-31"}]},{"id":"court-challenges-range-vincent","statement":"Some people have asked courts to rule that the federal ban cannot be applied to them, and federal appeals courts in different circuits have reached different results; a ruling in one person's case does not lift the ban for anyone else.","detail":"Range v. Attorney General (full Third Circuit, December 23, 2024): the court held that 922(g)(1) could not be applied to Bryan Range, who had a 1995 Pennsylvania conviction for a misdemeanor punishable by up to five years. The court called its decision 'a narrow one' and said Range had challenged the law only as applied to him. Vincent v. Bondi (Tenth Circuit, February 11, 2025): the court rejected Melynda Vincent's claim that the Second Amendment bars applying 922(g)(1) to her after a federal bank fraud conviction, holding that its earlier precedent upholding the law still stands after United States v. Rahimi; the Supreme Court denied review on March 2, 2026 (No. 24-1155). United States v. Hembree (Fifth Circuit, January 27, 2026): according to the government's petition, the court held that 922(g)(1) violated the Second Amendment as applied to a man whose earlier felony was a Mississippi conviction for possessing methamphetamine; the Supreme Court denied the government's petition on October 5, 2026 (No. 25-1219). Each of these decisions is about one person's record in one circuit; none of them sets a rule for the whole country. Unless a court or agency has granted relief in your own case, possessing a firearm while barred remains a federal crime, and which decisions matter depends on your circuit and your own record.","sources":[{"url":"https://www2.ca3.uscourts.gov/opinarch/212835pen1.pdf","title":"Range v. Attorney General, No. 21-2835 (3d Cir. Dec. 23, 2024) (en banc)","publisher":"U.S. Court of Appeals for the Third Circuit","accessed":"2026-10-31"},{"url":"https://www.supremecourt.gov/DocketPDF/24/24-1155/358365/20250508130635356_Vincent%20Final%20Appendix.pdf","title":"Vincent v. Bondi, No. 24-1155: Petition appendix (Appendix A reproduces the Tenth Circuit opinion of February 11, 2025)","publisher":"Supreme Court of the United States (docket filing)","accessed":"2026-10-31"},{"url":"https://www.supremecourt.gov/docket/docketfiles/html/public/24-1155.html","title":"Docket for No. 24-1155, Vincent v. Bondi","publisher":"Supreme Court of the United States","accessed":"2026-10-31"},{"url":"https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111424321.pdf","title":"United States v. Rangel, No. 25-4075 (10th Cir. Apr. 27, 2026) (order and judgment describing Vincent v. Bondi)","publisher":"U.S. Court of Appeals for the Tenth Circuit","accessed":"2026-10-31"},{"url":"https://www.supremecourt.gov/docket/docketfiles/html/public/25-1219.html","title":"Docket for No. 25-1219, United States v. Hembree","publisher":"Supreme Court of the United States","accessed":"2026-10-31"},{"url":"https://www.supremecourt.gov/DocketPDF/25/25-1219/405297/20260424154007417_Hembree%20Petition.pdf","title":"United States v. Hembree, No. 25-1219: Petition for a writ of certiorari (filed April 24, 2026)","publisher":"Supreme Court of the United States (petition filed by the U.S. Solicitor General)","accessed":"2026-10-31"}]}],"barriers":[{"statement":"A state can bar you even when federal law does not, for example after certain misdemeanors.","detail":"California makes it a felony to own or have a firearm after a felony conviction under the laws of the United States, California or any other state or country, with limited exceptions for some federal and out-of-state convictions (Penal Code 29800). Penal Code 29805 separately bars firearms for 10 years after conviction of many listed misdemeanors, including assault, battery, certain threats and stalking, and with no end date after a misdemeanor conviction under Penal Code 273.5 on or after January 1, 2019. Texas bars firearms after a felony until the fifth anniversary of release from confinement or supervision, whichever is later, and after that anywhere other than where the person lives (Penal Code 46.04(a)).","sources":[{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=29800.","title":"California Penal Code § 29800","publisher":"California Legislative Information","accessed":"2026-10-31"},{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=29805.","title":"California Penal Code § 29805","publisher":"California Legislative Information","accessed":"2026-10-31"},{"url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm","title":"Texas Penal Code § 46.04: Unlawful Possession of Firearm","publisher":"Texas Legislature","accessed":"2026-10-31"}]},{"statement":"Restoring your civil rights does not always restore the right to have a gun.","detail":"Florida's statute exempts a person whose civil rights and firearm authority have both been restored (790.23(2)(a)). Florida's Office of Executive Clemency says a Restoration of Civil Rights restores the rights of citizenship except the specific authority to own, possess or use firearms, which is a separate form of clemency. Under 18 U.S.C. 921(a)(20), a restoration that expressly keeps the firearm ban does not lift the federal ban either.","sources":[{"url":"https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.23.html","title":"Florida Statutes § 790.23: Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-31"},{"url":"https://www.fcor.state.fl.us/content/download/43054/file/Clemency%20INFO%20SHEET%20revised%20rules%207%2021%202025%20JM%20(002).pdf?version=1","title":"Clemency Information Sheet (file revised July 21, 2025)","publisher":"Florida Office of Executive Clemency (Florida Commission on Offender Review)","accessed":"2026-10-31"},{"url":"https://www.fcor.state.fl.us/clemency/apply-for-restoration-of-civil-rights-rcr-pardon-firearm-authority-other-forms-of-clemency","title":"Apply for Restoration of Civil Rights (RCR), Pardon, Firearm Authority & Other Forms of Clemency","publisher":"Florida Commission on Offender Review","accessed":"2026-10-31"},{"url":"https://www.law.cornell.edu/uscode/text/18/921","title":"18 U.S. Code § 921: Definitions","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"}]},{"statement":"DOJ's rule sets presumptions against relief for many records, including permanent ones for certain felonies and 5-year and 10-year periods for others.","detail":"Unless there are extraordinary circumstances, DOJ says it will deny an application if the person is in a listed current status (such as awaiting sentencing, serving any part of a sentence, in a diversion program, or an unlawful user of or addicted to a controlled substance, unless marijuana is the only drug involved), or has a listed conviction: a permanent list of felonies involving conduct such as the death of another person; rape, sexual abuse or sexual assault; kidnapping; domestic violence; burglary; robbery; arson; maiming, assault or battery; stalking; and brandishing or discharging a firearm; a 10-year list that includes felonies involving drug trafficking, threats of violence, explosives or certain firearm-related conduct, and misdemeanor crimes of domestic violence; and a 5-year period for any other felony and for misdemeanor assault, battery, stalking or threatened acts of violence. You must disclose past convictions even if they were expunged, pardoned or set aside. See 28 CFR 107.50 and DOJ's page for the full text.","sources":[{"url":"https://www.justice.gov/ffrr/federal-firearm-rights-restoration-presumptive-disqualifiers","title":"Federal Firearm Rights Restoration Presumptive Disqualifiers","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-31"},{"url":"https://www.federalregister.gov/documents/2026/08/20/2026-16981/application-for-relief-from-disabilities-imposed-by-federal-laws-with-respect-to-the-acquisition","title":"Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms (final rule, 91 FR 54054)","publisher":"Federal Register (Department of Justice)","accessed":"2026-10-31"}]}],"waivers":[{"statement":"Federal relief: the Justice Department's firearm rights restoration program under 18 U.S.C. 925(c) is being reopened in stages, and as of October 31, 2026 the online application was still marked 'coming soon.'","detail":"Section 925(c) lets a person barred from having firearms apply to the Attorney General, who may grant relief if the circumstances of the disability and the applicant's record and reputation show the applicant will not be likely to act in a manner dangerous to public safety and that relief would not be contrary to the public interest; a person who is denied may petition the U.S. district court where they live for review. DOJ published a final rule on August 20, 2026 (91 FR 54054), effective September 21, 2026, and DOJ says all applications go through the Office of the Pardon Attorney, not ATF. DOJ's posted schedule: September 25, 2026, the application opens to invited candidates; November 4, 2026, it opens to the public, and the first 5,000 candidates can apply; January 4, 2027, 500 more candidates can apply and the application fee begins. DOJ lists a $30 non-refundable application fee. Applicants may ask for it to be waived or reduced, the fee may be waived or reduced because of indigency, and DOJ says more information about the waiver process will be made available soon. DOJ's FAQ says fingerprints, criminal records and other parts of the process may cost extra. Anyone barred under 922(g) may apply, but applications from people with listed convictions or statuses will be denied unless they show extraordinary circumstances (see barriers). Relief is not automatic: DOJ may grant an application, deny it, or find there is not enough information to decide. DOJ says the program cannot remove a state firearm prohibition. The schedule may change, so check justice.gov/ffrr.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/925","title":"18 U.S. Code § 925: Exceptions: Relief from disabilities","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.federalregister.gov/documents/2026/08/20/2026-16981/application-for-relief-from-disabilities-imposed-by-federal-laws-with-respect-to-the-acquisition","title":"Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms (final rule, 91 FR 54054)","publisher":"Federal Register (Department of Justice)","accessed":"2026-10-31"},{"url":"https://www.justice.gov/ffrr","title":"Federal Firearm Rights Restoration","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-31"},{"url":"https://www.justice.gov/ffrr/federal-firearm-rights-restoration-frequently-asked-questions","title":"Federal Firearm Rights Restoration Frequently Asked Questions (updated October 27, 2026)","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-31"},{"url":"https://www.justice.gov/ffrr/federal-firearm-rights-restoration-application-fee-fee-waiver-and-fee-reduction","title":"Federal Firearm Rights Restoration Application Fee, Fee Waiver, and Fee Reduction","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-31"},{"url":"https://www.justice.gov/ffrr/who-can-apply-federal-firearm-rights-restoration","title":"Who Can Apply for Federal Firearm Rights Restoration","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-31"},{"url":"https://www.justice.gov/ffrr/federal-firearm-rights-restoration-final-decision-and-next-steps","title":"Federal Firearm Rights Restoration Final Decision and Next Steps","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-31"}]},{"statement":"For a federal conviction, a full presidential pardon removes the federal firearm ban that came from that conviction.","detail":"DOJ's FAQ says a full pardon removes penalties and disabilities, including a firearm disability, from the federal conviction, but if you have another basis for the ban, such as a state conviction, you may still need relief for that. Pardon requests go through the Office of the Pardon Attorney.","sources":[{"url":"https://www.justice.gov/ffrr/federal-firearm-rights-restoration-frequently-asked-questions","title":"Federal Firearm Rights Restoration Frequently Asked Questions (updated October 27, 2026)","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-31"}]},{"statement":"For a state conviction, a state pardon, expungement, set-aside or restoration of rights can end the federal ban for that conviction, unless the order expressly keeps the firearm limit.","detail":"18 U.S.C. 921(a)(20). DOJ's FAQ adds that a state restoration of a state conviction may not remove federal limits, so the exact terms of the order decide it. Whether such a route exists, who can use it and how long you must wait depends on the state; see state examples.","sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/921","title":"18 U.S. Code § 921: Definitions","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.justice.gov/ffrr/federal-firearm-rights-restoration-frequently-asked-questions","title":"Federal Firearm Rights Restoration Frequently Asked Questions (updated October 27, 2026)","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-31"}]},{"statement":"Some states have a court or board process aimed at firearm rights.","detail":"Virginia lets a person petition the circuit court for a restoration order, but a person with a felony conviction must first have civil rights restored by the Governor or other appropriate authority, and the court may grant the petition in its discretion and for good cause shown (Va. Code 18.2-308.2(C)). In Florida, the Clemency Board can grant the 'Specific Authority to Own, Possess, or Use Firearms.' The Office of Executive Clemency's information sheet says applicants may apply 8 years after completing all terms of sentence and that the Board will not consider firearm-authority requests from people convicted in federal or out-of-state courts. The office can be reached at 1-800-435-8286. A state process works under state law; check how it affects the federal ban before you rely on it.","sources":[{"url":"https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.2/","title":"Va. Code § 18.2-308.2: Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","publisher":"Virginia Law (Code of Virginia)","accessed":"2026-10-31"},{"url":"https://www.fcor.state.fl.us/content/download/43054/file/Clemency%20INFO%20SHEET%20revised%20rules%207%2021%202025%20JM%20(002).pdf?version=1","title":"Clemency Information Sheet (file revised July 21, 2025)","publisher":"Florida Office of Executive Clemency (Florida Commission on Offender Review)","accessed":"2026-10-31"},{"url":"https://www.fcor.state.fl.us/clemency/apply-for-restoration-of-civil-rights-rcr-pardon-firearm-authority-other-forms-of-clemency","title":"Apply for Restoration of Civil Rights (RCR), Pardon, Firearm Authority & Other Forms of Clemency","publisher":"Florida Commission on Offender Review","accessed":"2026-10-31"}]}],"steps":["Find out exactly what you were convicted of and what the maximum penalty for it was under the law of the place where your case was heard. The federal test is the maximum, not the sentence you received, and whether the state called it a misdemeanor or a felony.","Check whether the conviction was ever expunged, set aside, pardoned or had your civil rights restored, and read the order itself for any language that says you may not have firearms.","Check for the separate federal bans: a misdemeanor crime of domestic violence, or an indictment that is still pending.","Look up your own state's law and the agency or court that handles restoration (see state examples); a state rule can be stricter than the federal rule.","While you work out where you stand, keep in mind that having a gun or ammunition while barred is a federal crime, and so is knowingly giving a dealer a false answer about a fact that matters to the sale. A lawyer, a legal aid program or the agency that issued your order can look at your own record.","If you want federal relief, watch justice.gov/ffrr for the date the application opens to you, collect your court records and sentence-completion documents first, and read the presumptions before you apply."],"state_variation":"some","state_detail":"The federal ban is the same everywhere and applies on top of state law. States then add their own bans, which may mirror the federal rule, last for a set period, reach some misdemeanors, or allow possession only at home, and each has its own restoration route (a pardon, an expungement or set-aside, a civil-rights restoration, a court petition, or a clemency board). A state restoration can remove the state ban without removing the federal one, and the reverse can also be true.","state_examples":[{"state":"TX","statement":"A person convicted of a felony commits a third-degree felony by having a firearm before the fifth anniversary of release from confinement or supervision, whichever is later, and after that period may have one only at the place where they live (Penal Code 46.04(a), (e)). A separate 5-year bar applies after a family-violence assault conviction punishable as a Class A misdemeanor (46.04(b)). This is state law only; it does not lift the federal ban, which has no exception for the home.","source":{"url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.46.htm","title":"Texas Penal Code § 46.04: Unlawful Possession of Firearm","publisher":"Texas Legislature","accessed":"2026-10-31"}},{"state":"CA","statement":"Owning, buying, receiving or having a firearm after a felony conviction under the laws of the United States, California or any other state or country is a felony in California, with limited exceptions for some federal and out-of-state convictions (Penal Code 29800). A separate statute, Penal Code 29805, bars firearms for 10 years after conviction of many listed misdemeanors and, for some domestic violence misdemeanors, with no end date (see barriers).","source":{"url":"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=29800.","title":"California Penal Code § 29800","publisher":"California Legislative Information","accessed":"2026-10-31"}},{"state":"FL","statement":"Owning or having a firearm or ammunition after a felony conviction in Florida, a federal felony, or an out-of-state felony punishable by more than one year is a second-degree felony (first-degree in some cases) unless the person's civil rights and firearm authority have been restored or the record was expunged under s. 943.0515(1)(b) (Fla. Stat. 790.23).","source":{"url":"https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.23.html","title":"Florida Statutes § 790.23: Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful","publisher":"Florida Legislature (Online Sunshine)","accessed":"2026-10-31"}},{"state":"VA","statement":"Knowingly and intentionally possessing or transporting a firearm or ammunition after a felony conviction is a Class 6 felony in Virginia, with a mandatory minimum of five years in prison for someone previously convicted of a violent felony and two years for someone convicted of any other felony within the prior 10 years. A person barred under the statute may petition the circuit court for a restoration order, but a person with a felony conviction must first have their civil rights restored by the Governor or other appropriate authority, and the court decides in its discretion and for good cause shown (Va. Code 18.2-308.2(A), (C)).","source":{"url":"https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.2/","title":"Va. Code § 18.2-308.2: Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","publisher":"Virginia Law (Code of Virginia)","accessed":"2026-10-31"}}],"official_links":[{"name":"DOJ: Federal Firearm Rights Restoration","url":"https://www.justice.gov/ffrr","detail":"Federal relief under 18 U.S.C. 925(c): the opening schedule, who can apply, presumptive disqualifiers, documents, fee and FAQ."},{"name":"DOJ Office of the Pardon Attorney: Federal Firearm Rights Restoration FAQ","url":"https://www.justice.gov/ffrr/federal-firearm-rights-restoration-frequently-asked-questions","detail":"How pardons and state restorations interact with the federal ban, and how the program works."},{"name":"18 U.S.C. 922: Unlawful acts","url":"https://www.law.cornell.edu/uscode/text/18/922","detail":"The federal ban, including (g)(1), (g)(9) and (n)."},{"name":"18 U.S.C. 921: Definitions","url":"https://www.law.cornell.edu/uscode/text/18/921","detail":"What counts as a crime punishable by more than one year, including the expungement and restoration rule in (a)(20)."},{"name":"ATF: Identify Prohibited Persons","url":"https://www.atf.gov/firearms/tools-services-law-enforcement/identify-prohibited-persons","detail":"ATF's list of the people federal law bars from firearms and ammunition."},{"name":"Florida Office of Executive Clemency","url":"https://www.fcor.state.fl.us/clemency/apply-for-restoration-of-civil-rights-rcr-pardon-firearm-authority-other-forms-of-clemency","detail":"Example of a state clemency route that includes firearm authority."}],"related":["security-clearance","military","police-officer","jury-duty"],"sources":[{"url":"https://www.law.cornell.edu/uscode/text/18/922","title":"18 U.S. Code § 922: Unlawful acts","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.law.cornell.edu/uscode/text/18/921","title":"18 U.S. Code § 921: Definitions","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.law.cornell.edu/uscode/text/18/924","title":"18 U.S. Code § 924: Penalties","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.law.cornell.edu/uscode/text/18/925","title":"18 U.S. Code § 925: Exceptions: Relief from disabilities","publisher":"Legal Information Institute, Cornell Law School (U.S. Code mirror)","accessed":"2026-10-31"},{"url":"https://www.atf.gov/firearms/tools-services-law-enforcement/identify-prohibited-persons","title":"Identify Prohibited Persons (page last updated January 9, 2020)","publisher":"Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)","accessed":"2026-10-31"},{"url":"https://www.justice.gov/ffrr","title":"Federal Firearm Rights Restoration","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-31"},{"url":"https://www.federalregister.gov/documents/2026/08/20/2026-16981/application-for-relief-from-disabilities-imposed-by-federal-laws-with-respect-to-the-acquisition","title":"Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms (final rule, 91 FR 54054)","publisher":"Federal Register (Department of Justice)","accessed":"2026-10-31"},{"url":"https://www2.ca3.uscourts.gov/opinarch/212835pen1.pdf","title":"Range v. Attorney General, No. 21-2835 (3d Cir. Dec. 23, 2024) (en banc)","publisher":"U.S. Court of Appeals for the Third Circuit","accessed":"2026-10-31"},{"url":"https://www.justice.gov/ffrr/federal-firearm-rights-restoration-final-decision-and-next-steps","title":"Federal Firearm Rights Restoration Final Decision and Next Steps","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-31"},{"url":"https://www.justice.gov/ffrr/federal-firearm-rights-restoration-application-fee-fee-waiver-and-fee-reduction","title":"Federal Firearm Rights Restoration Application Fee, Fee Waiver, and Fee Reduction","publisher":"U.S. Department of Justice, Office of the Pardon Attorney","accessed":"2026-10-31"},{"url":"https://www.supremecourt.gov/DocketPDF/24/24-1155/358365/20250508130635356_Vincent%20Final%20Appendix.pdf","title":"Vincent v. Bondi, No. 24-1155: Petition appendix (Appendix A reproduces the Tenth Circuit opinion of February 11, 2025)","publisher":"Supreme Court of the United States (docket filing)","accessed":"2026-10-31"},{"url":"https://www.supremecourt.gov/DocketPDF/25/25-1219/405297/20260424154007417_Hembree%20Petition.pdf","title":"United States v. Hembree, No. 25-1219: Petition for a writ of certiorari (filed April 24, 2026)","publisher":"Supreme Court of the United States (petition filed by the U.S. Solicitor General)","accessed":"2026-10-31"},{"url":"https://www.fcor.state.fl.us/content/download/43054/file/Clemency%20INFO%20SHEET%20revised%20rules%207%2021%202025%20JM%20(002).pdf?version=1","title":"Clemency Information Sheet (file revised July 21, 2025)","publisher":"Florida Office of Executive Clemency (Florida Commission on Offender Review)","accessed":"2026-10-31"}],"rule_setter":"Federal law (the Gun Control Act) for everyone, plus each state's own gun laws on top","last_verified":"2026-10-31"}]}