More Information about Eligibility for Federal Student Aid and Drug Convictions

If you were convicted of possession or sale of a controlled substance while you were already receiving federal student aid, you will be ineligible to receive federal student aid for a specified period of time.[2935] This is true whether your conviction was a felony or a misdemeanor. The length of time you are ineligible depends on the type and number of convictions you have had for these offenses committed while you were receiving aid. The law differentiates between “possession of illegal drugs” and “sale of illegal drugs.” The table below lists the period of ineligibility by type of conviction, either possession or sale of a controlled substance and number of offenses:[2936]

OFFENSE

POSSESSION OF ILLEGAL DRUGS

SALE OF ILLEGAL DRUGS

FIRST

1 year of ineligibility from date of conviction

2 years of ineligibility from date of conviction

SECOND

2 years of ineligibility from date of conviction

Indefinite period of ineligibility *

THREE OR MORE

Indefinite period of ineligibility*

Indefinite period of ineligibility *

* An indefinite period of ineligibility continues unless your conviction is overturned or otherwise rendered invalid, or you meet one of the two early reinstatement requirements (see below).

You can shorten your period of ineligibility by:[2937]

    Successfully completing an approved drug rehabilitation program that includes passing two unannounced drug tests; or
    Passing two unannounced drug tests administered by an approved drug rehabilitation program; or
    Having the conviction expunged, reversed, set aside, or otherwise rendered invalid (learn more about expungement in the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 931).

How eligibility is determined:

The application for federal student aid asks whether you have been convicted of possession or sale of a controlled substance while receiving federal student aid.[2938] If you answer yes, or leave this question blank, you will be sent an additional worksheet that you must fill out.[2939] This worksheet will yield one of three results:

    You are currently eligible for federal student aid;
    You are not eligible for federal student aid for part of the current school year; OR
    You are not eligible for federal student aid for the entire current school year.[2940]

REMEMBER: Even if you are not currently eligible for federal student aid (either for part or all of the current school year), you can become eligible if you complete an acceptable drug rehabilitation program OR pass two random (unannounced) drug tests administered by an authorized program.[2941]

  1. 2935

    20 U.S.C. § 1091 (part of the Higher Education Opportunity Act reauthorized as amended, 2008). See also U.S. Dep’t of Educ., Federal Student Aid: Students With Criminal Convictions, www.studentaid.ed.gov/eligibility/criminal-convictions. ↑

  2. 2936

    20 U.S.C. § 1091(r)(1). (Higher Education Opportunity Act, reauthorized as amended, 2008). See also FAFSA Facts, Office of National Drug Control Policy, U.S. Dep’t of Educ., http://www.whitehouse.gov/sites/default/files/ondcp/recovery/fafsa.pdf. ↑

  3. 2937

    20 U.S.C. § 1091(r)(2). (Rehabilitation). ↑

  4. 2938

    See Free Application for Federal Student Aid (FAFSA). ↑

  5. 2939

    Student Aid Eligibility Worksheet for Question 23 (2014-2015), Federal Student Aid Office, U.S. Dep’t of Educ., https://studentaid.ed.gov/sites/default/files/2014-15-student-aid-eligibility-drug-worksheet.pdf. ↑

  6. 2940

    Student Aid Eligibility Worksheet for Question 23 (2014-2015), Federal Student Aid Office, U.S. Dep’t of Educ., https://studentaid.ed.gov/sites/default/files/2014-15-student-aid-eligibility-drug-worksheet.pdf. ↑

  7. 2941

    Student Aid Eligibility Worksheet for Question 23 (2014-2015), Federal Student Aid Office, U.S. Dep’t of Educ., https://studentaid.ed.gov/sites/default/files/2014-15-student-aid-eligibility-drug-worksheet.pdf. ↑