Drug cases can lead to issues with federal student aid when the accused person is a college student. This question comes up more often than you might think, as most students have some knowledge or awareness that catching a drug charge might negatively impact their ability to receive financial aid from the government. However, most people misunderstand exactly what circumstances are likely to trigger problems with federal student aid.
When filing out an application for federal student aid, question 23 (on the Free Application for Federal Student Aid, 2014-15) asks whether or not a person has been convicted of possessing or selling illegal drugs. If you answer “yes” to this question (or if you leave it blank), you will receive a worksheet of sorts with additional questions to determine your eligibility for federal student aid, or, alternatively, when you will again become eligible for federal student aid because of a conviction for possessing or selling drugs.
Government forms are crazy, so I’ll try to make it easy. Think of this as a flow-chart of sorts.
First, you must have been convicted of possessing drugs or selling drugs. Deferred adjudication does not result in a conviction. Pretrial diversion is not a conviction. Straight, or regular probation, is a conviction. Pleading “guilty” generally results in a conviction. At the outset, make certain that you have actually been convicted of possessing or selling drugs.
If you have been convicted, the next question asks if the offense which you were convicted of occurred while you were receiving federal student aid. If the answer to this question is “no,” then your eligibility for federal student aid is not affected by your answer to question 23, and you move on down the road. If your answer is “yes”, the next question asks if the offense occurred during a period of enrollment (in school) when you were receiving financial aid. In short, were you in school, and receiving financial aid? If “no” then your eligibility for federal student aid is not affected by your answer to question 23, and you move on down the road. If the answer is “yes”, the next question asks if you have completed an acceptable drug rehabilitation program since your conviction.
Let’s pause here. What the hell is an “acceptable drug rehabilitation program”? It is any drug rehabilitation program that includes at least two unannounced drug tests and either (1) is qualified to received federal, state, or local government funds, or funds from a state-licensed insurance company; OR (2) is administered or recognized by a federal, state, or local government agency or court, or is a federally state-licensed hospital, mental health clinic, or medical doctor.
If you have completed such a program, then your eligibility for federal student aid is not affected by your answer to question 23, and you move on down the road. If the answer is “no,” the next question asks if you have two or more convictions for possessing illegal drugs. If “yes,” you are not eligible to receive federal student aid for this school year unless you completed—you guessed it—an “acceptable drug rehabilitation program” or pass two unannounced drug tests from an acceptable drug rehabilitation program. A note here: even if you are not eligible for federal student aid, you could still qualify for financial aid from your state or from the college itself. If the answer is “no,” the next question asks if you have more than one conviction for selling illegal drugs. If “yes,” then you have to complete the two unannounced drug tests or an acceptable drug rehabilitation program referenced above. If “no,” then the next question asks if the date of your last conviction for possessing illegal drugs.
Now, they get into some math. If you have one conviction for possessing drugs, you add a year to the date of the conviction to determine your eligibility date. If you have two convictions for possessing drugs, you add two years to the date of your last conviction to determine your eligibility date.
If you have a conviction for selling drugs, you add two years to the date of your conviction for selling drugs to determine your eligibility date.
The Bottom Line
If you have never been convicted of selling or possessing drugs, you shouldn’t be filling out the supplemental form at all. If you have, the offense for which you were convicted must have taken place while (1) you were enrolled in school, and (2) while you were receiving federal student aid. If this is the case, you should complete an acceptable drug rehabilitation program, and get back into school.