Can you get a CDL with a felony?

The rules

• 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.¹

  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.

• 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.¹

  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)).

• Using a vehicle in a felony involving manufacturing, distributing or dispensing a controlled substance means a lifetime disqualification with no chance of reinstatement.¹

  49 CFR 383.51, Table 1, item 9. It applies to commercial and personal vehicles for CDL and permit holders.

• Using a commercial motor vehicle in a felony involving severe forms of human trafficking means a lifetime disqualification with no chance of reinstatement.¹

  49 CFR 383.51, Table 1, item 10 (trafficking as defined in 22 U.S.C. 7102(11)).

• 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.¹

  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).

• 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.^2,3,4

  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.

• 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.⁵

  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.

What can stand in the way

• 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.³

  Those are interim disqualifiers under 49 CFR 1572.103(b) (convicted within 7 years or released within 5 years).

• 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.^6,7

  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.

Waivers and exceptions

• 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.¹

  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.

• For a denied hazmat endorsement, you can appeal TSA's determination or ask for a waiver under the same rules as TWIC.⁸

  49 CFR 1515.5 (appeal within 60 days) and 1515.7 (waiver).

How states handle it

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).

What to do next

1. Check whether any conviction involved driving or using a vehicle. If none did, the federal CDL disqualification list likely doesn't apply to you.
2. 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.
3. Apply for a commercial learner's permit through your state's driver licensing agency and meet its normal requirements.
4. 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.
5. Look into carriers' hiring policies separately (see our employer pages); holding a CDL and getting hired are two different decisions.

Where to ask

• 49 CFR 383.51 (eCFR)

  The full federal list of CDL disqualifications and their lengths.

• TSA: Hazmat Endorsement

  Security threat assessment for hazmat endorsements ($86.50 new applicant fee, $41.00 reduced rate for TWIC holders); HAZMAT program line (855) 347-8371.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.