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Congrats! You have just been accepted into your dream college, the one you have worked so hard for, spent long nights studying to get into, and imagined yourself attending for years. You are overjoyed and ready to begin this exciting new chapter of your life. But then, your excitement is interrupted by a troubling realization: a past criminal conviction might affect your ability to pay for your education.
In this article, student associate Mariette Blume explores how criminal convictions, including misdemeanors and felonies, can affect college financial aid. She clarifies the distinctions between different types of offenses and details recent policy changes, emphasizing that such convictions don’t automatically disqualify students from pursuing higher education.
For many students and their families, scholarships and financial aid make the dream of attending higher education a reality. While a criminal conviction can affect your eligibility for financial aid, most convictions do not automatically disqualify you. The extent of the impact depends on the nature of the conviction and the specific requirements of the aid program.
CHARGES V. CONVICTIONS
It is important to distinguish between being charged and being convicted. A charge is an accusation that someone committed a crime that must be proven in court, whereas a conviction means the person was found guilty in court. Most financial aid limitations and restrictions apply to convictions rather than charges.
MISDEMEANORS V. FELONIES
In general, the difference between a misdemeanor and a felony comes down to the severity of the crime. Felonies involve more serious offenses, such as violent crimes or large-scale theft. By contrast, misdemeanors are less severe offenses, such as disorderly conduct or shoplifting. As a result, felony convictions typically carry harsher penalties than misdemeanors.
The difference in severity also affects financial aid eligibility. A felony is a more severe conviction therefore, it can have a greater impact on your ability to receive financial aid and scholarships. While a misdemeanor usually will not disqualify you from federal student loans, it may still negatively influence how private and/or college scholarship committees perceive your application.
FEDERAL STUDENT AID – FAFSA
For current and prospective students, the Application for Federal Student Aid (FAFSA) is the primary gateway to the largest source of financial assistance for education. Navigating the federal student aid system can be overwhelming on its own, and having a criminal conviction can add another layer of complexity. However, a criminal record does not automatically disqualify you from receiving federal aid. While some restrictions on federal aid previously existed, eligibility for certain federal aid has changed within the past few years.
Even if you are not eligible for federal student aid, you should still complete the FAFSA form. Many schools and states use the FAFSA information to award nonfederal aid, which you may still qualify for.
Municipal tickets themselves are unlikely to directly affect your eligibility for federal student aid. Most municipal tickets involve traffic, parking, and local ordinance matters. Juvenile matters, such as truancy, underage drinking, drug offenses, and curfew violations can also fall under municipal jurisdiction.Generally, the FAFSA does not ask about these minor civil offenses. While some private scholarship foundations or colleges may impose stricter requirements, your federal aid is typically not at risk.
- Drug Convictions
Historically, drug convictions had a significant impact on federal student aid eligibility. In the past, if you were convicted of a drug offense, you were automatically disqualified from federal student aid. However, this is no longer the case. Now, your eligibility will not be suspended even if the offense occurred while you were receiving federal aid (grants, loans, or work-study funds).
- Sexual Offenses
Previously, if someone had been convicted of a sexual offense and placed under an involuntary civil commitment, they were ineligible for Federal Pell Grants. A Pell Grant is awarded based on financial need. These grants help students pay for tuition and other educational expenses and do not need to be repaid. However, as of July 2023, the law has changed. Individuals under involuntary civil commitment for a sexual offense may now be eligible to qualify for a Federal Pell Grant.
- Students Confined in an Adult Correctional Facility or Juvenile Justice Facility
If you are confined in an adult correctional or juvenile justice facility, your eligibility for federal student aid is limited. You may be eligible for a Federal Pell Grant if you are enrolled in an approved prison education program. In some cases, you might also qualify for Federal Supplemental Educational Opportunity Grants (FSEOG) and Federal Work-Study (FWS); however, receiving FWS is unlikely due to the logistical challenges of performing a work-study job while incarcerated. You will not be eligible for federal student loans while incarcerated.
- Second Chance Pell Experiment
The Second Chance Pell Experiment was established in 2015 to provide Pell Grants to incarcerated individuals to allow them to participate in post-secondary education programs while in prison. Unlike traditional Pell Grants, which are paid directly to students, Second Chance Pell Grants help incarcerated individuals access and pay for education and training programs while they are in prison.
In Wisconsin, Milwaukee Area Technical College, Madison Area Technical College, and Moraine Park Technical College participate in the program. Through these programs, incarcerated individuals can earn certificates or associate degrees in fields such as small business administration, welding, and the arts.
- Exiting Incarceration, Probation, and Parole
While you are incarcerated, your eligibility for federal student aid is significantly limited. However, once you are released, those incarceration-related restrictions are lifted. You can also apply for aid before your release to help ensure your funding is in place when you begin school. If you are on probation, parole, or living in a halfway house, you are generally eligible for the same federal student aid programs as other students.
Navigating college admissions and financial aid is already challenging, and it can feel even more overwhelming when a criminal conviction is part of your past. Yet, a conviction does not automatically end your dream of attending college. Most students with a criminal record still have options for federal aid, especially with recent policy changes expanding eligibility.
By understanding the distinctions between types of convictions and staying informed about current regulations, you can take proactive steps towards financing your education.
Don’t let a past conviction stop you from pursuing your college education. Please contact the legal professionals at West & Dunn online through our Contact Us page or by telephone at (608) 535-6420 to help you take the next step toward your future.
