Students convicted of a federal or state offense of selling or possessing illegal drugs that occurred while they were receiving federal student aid should still complete and submit the FAFSA because they may be eligible for federal aid. Students who fill out their FAFSA online and answer “Yes” to Question 23 will immediately receive a series of questions to determine their eligibility.
A federal or state drug conviction (but not a local or municipal conviction) can disqualify a student for FSA funds. The student self-certifies in applying for aid that they are eligible. Convictions only count against a student for aid eligibility purposes (FAFSA question 23c) if they were for an offense that occurred during a period of enrollment for which the student was receiving federal student aid—they do not count if the offense was not during such a period, unless the student was denied federal benefits for drug trafficking by a federal or state judge. Also, a conviction that was reversed, set aside, or removed from the student’s record does not count, nor does one received when they were a juvenile, unless they was tried as an adult.
The chart below illustrates the period of ineligibility for FSA funds, depending on whether the conviction was for sale or possession and whether the student had previous offenses. (A conviction for sale of drugs includes convictions for conspiring to sell drugs.)
| # of Offense | Possession of illegal drugs | Sale of illegal drugs |
|---|---|---|
| 1st | 1 year from date of conviction | 2 years from date of conviction |
| 2nd | 2 years from date of conviction | Indefinite period |
| 3+ | Indefinite Period |
If the student was convicted of both possessing and selling illegal drugs, and the periods of ineligibility are different, the student will be ineligible for the longer period. Schools must provide each student who becomes ineligible for FSA funds due to a drug conviction a clear and conspicuous written notice of their loss of eligibility and the methods whereby they can become eligible again.
A student regains eligibility the day after the period of ineligibility ends (i.e., for a 1st or 2nd offense); or when they successfully complete a qualified drug rehabilitation program that includes passing two unannounced drug tests given by such a program. Further drug convictions will make him ineligible again.
Students denied eligibility for an indefinite period can regain eligibility after completing any of the following 3 options:
In such cases, the nature and dates of the remaining convictions will determine when the student regains eligibility. It is the student’s responsibility to certify to financial aid that they have successfully completed the rehabilitation program. When a student regains eligibility during the award year, they can be awarded Pell Grant, TEACH, and Campus-Based aid for the current payment period and Direct Loans for the period of enrollment, if meets other eligibility requirements.
A qualified drug rehabilitation program must include at least two unannounced drug tests and satisfy at least one of the following requirements:
If the student certifies that they have successfully completed a drug rehabilitation program, they must provide proof the program meet the requirements before paying the student any financial aid funds.