Criminal Convictions and Student Loans
While many colleges and programs provide assistance for earning college degrees or learning trades, colleges and trade schools are not cheap. Even with scholarships and grants, students face financial difficulties and challenges. To finance their education, most students apply for and receive loans or financial assistance from state and federal governments; however, students with certain criminal records will not be able to receive financial assistance from certain federal government programs.
If a student was convicted of drug-related offenses, he or she often is ineligible for federal monetary aid. Still, a student who does not qualify for federal assistance, due to a drug record, may qualify for state or private funds. Regardless of whether they have criminal records, students still should complete the Free Application for Federal Student Aid (FAFSA) forms. Why? Many state and private colleges and universities rely on FAFSA data to determine a student’s financial needs and to find if he or she qualifies for state and private monetary aid.
A question on the FAFSA forms asks students whether they were convicted or pled guilty to any drug-related offenses, either before or after they received federal funds. If they answered “yes,” there are worksheets to assist them in determining whether their drug-related convictions render them ineligible to receive aid from some federal government loan or scholarship programs. Moreover, to have their eligibility reinstated, students with drug-related convictions must complete sanctioned drug rehabilitation programs and pass random tests.
For students convicted of drug-related crimes after submitting their FAFSA form, their eligibility for monetary assistance from the federal government likely will cease; furthermore, they likely will be required to return any monetary assistance they received from federal government programs during their ineligibility period. In addition, students convicted for committing aggressive or nonconsensual sexual offenses do not qualify for certain federal loans and grants after serving their prison sentences.
The duration of students’ ineligibility periods varies. Before 2009, single drug-related convictions likely led to instant and permanent ineligibility. However, after 2009, a new rule applied to students convicted of possessing illegal drugs for the first time: Their ineligibility period lasts for twelve months; for second time offenders, their ineligibility lasts for 24 months. Nevertheless, students who are first-time and second-time offenders may be able to have their ineligibility period for federal student loans end early if they complete sanctioned drug rehabilitations program and pass random drug tests.
Know: A student’s ineligibility period does not begin on the date of his or her crime or arrest. Instead, his or her ineligibility period begins on the date of his or her conviction.
If you have questions about receiving student aid due to being charged with drug-related or other crimes, learn your rights. You may have legal remedies. For more information, contact Nashville Attorney Perry A. Craft.
