Can my criminal history limit my ability to get CalWORKs?

Maybe. If any of the following statements apply to you, you might not be eligible for CalWORKs:

    You are in violation of a condition of probation or parole, as found by a court or administrative judge.[1474]
    You have been found guilty of an Intentional Program Violation (IPV) involving fraud or misuse of public benefits.[1475] Depending on how many IPVs you have, and what they were for, you may be disqualified from CalWORKS (and CalFresh) for varying periods of time—anywhere between 12 months to life.[1476]
    You are a “fleeing felon.” In other words, if you are hiding or running away to avoid felony charges, and/or to avoid being incarcerated for a felony conviction you will not be eligible for CalWORKs.[1477] But other people in your household may be and you will be required to be listed on the application and/or report forms and your income will be counted when anyone in your family applies for or gets CalWORKs.[1478]
Am I ineligible for CalWORKs because of a past felony drug conviction?

No, not anymore. California’s law changed! Read more in the important update box below.

Important Update!CalWORKs and CalFresh Rules Changed in 2015, Opening Up Eligibility to People with Prior Drug Felony Convictions

GREAT NEWS! California eliminated the ban on aid for people with past drug-related felony convictions. Starting April 1, 2015, you could no longer be disqualified from CalWORKs or CalFresh because of a prior drug-related felony conviction and no longer have to report a prior drug felony on any CalWORKs or CalFresh application or report (see more on CalFresh “food stamps” beginning on PG. 454). If you applied for CalWORKs or CalFresh before April 1, 2015, and were denied due to a drug conviction, it’s recommended that you reapply under the newer rules.If you are on parole, probation, or another form of community supervision, it’s important that you follow the rules of your supervision to remain in the CalWORKs and/or CalFresh program(s). If you violate the terms of your supervision, you will lose your CalFresh and CalWORKs.[1479] If anyone in your family was already receiving CalWORKs aid, your benefits should have been automatically added to your family’s April 2015 Grant. Once you are added to CalWORKs, you are also required to participate in the Welfare-to-Work program requirement (see PG. 476). If you were already meeting Welfare-to-Work requirements, you became newly eligible for transportation costs, subsidized child care, and other work supports. Contact your family’s CalWORKs caseworker if you do not receive a letter from the county about these new benefits and rules by March 1, 2015.

  1. 1474

    42 U.S.C. § 608(a)(9)(A).

  2. 1475

    See CalWORKS Handbook: Intentional Program Violations, Cnty. of Santa Clara, http://www.sccgov.org/ssa/afdc/afchap53.pdf.

  3. 1476

    See CalWORKS Handbook: Intentional Program Violations, Cnty. of Santa Clara, http://www.sccgov.org/ssa/afdc/afchap53.pdf.

  4. 1477

    See Cal. DSS ACL No. 13-70, available at http://www.dss.cahwnet.gov/lettersnotices/EntRes/getinfo/acl/2013/13-70.pdf; California Work Opportunity and Responsibility to Kids (CalWORKs), Cal. Dep’t of Soc. Servs., California DHSS ACL No. 14-78, http://www.cdss.ca.gov/lettersnotices/entres/getinfo/acl/2014/14-78.pdf; see also The Consequences of Criminal Proceedings, Bronx Defenders, http://www.reentry.net/ny/library/attachment.256160.

  5. 1478

    California Work Opportunity and Responsibility to Kids (CalWORKs), Cal. Dep’t of Soc. Servs., http://www.cdss.ca.gov/lettersnotices/entres/getinfo/acl/2014/14-78.pdf (“Fleeing felon” is a legal term for someone “fleeing to avoid prosecution, or custody or confinement after conviction” for a felony offense); see also 42 U.S.C.§ 1382(e)(4); 42 U.S.C. § 402(x)(I)(A); The Consequences of Criminal Proceedings, Bronx Defenders, http://www.reentry.net/ny/library/attachment.256160.

  6. 1479

    See Cal. Welf. & Inst. Code §§ 11251.3, 17012.50.