The Far-Reaching Impact of Felony Convictions: Student Loan Eligibility in Pennsylvania

Introduction

For many individuals, access to higher education is a gateway to a brighter future. However, the consequences of a felony conviction can extend beyond legal penalties, affecting various aspects of one’s life. In Pennsylvania, the ramifications of a felony conviction are particularly noteworthy when it comes to eligibility for state and federal student aid and loans. In this blog post, we will explore the implications of felony convictions on student loan eligibility at both the state and federal levels.

State Consequences: Pennsylvania’s Stance on Higher Education Assistance

According to 22 Pa. Code § 121.6, individuals convicted of a criminal offense classified as a felony under state or federal law are no longer eligible for state assistance for higher education in Pennsylvania. This includes a violation of § 13 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § 780-113), with the exception of § 13(a)(31) (35 P. S. § 780-113(a)(31)). The gravity of this restriction is clear: a felony conviction can significantly hinder an individual’s ability to access crucial state support for pursuing higher education.

Federal Consequences: Impact on Grants, Loans, and Work Assistance

At the federal level, the repercussions of a felony conviction on student loan eligibility are outlined in 20 USC § 1091(r). A higher education student convicted under federal or state law of a crime related to the possession or sale of a controlled substance becomes ineligible for federal assistance. This includes grants, loans, and work assistance.

For a first offense involving possession, the period of ineligibility is one year, escalating to two years for a second offense, and indefinite in the case of a third offense. On the sale of a controlled substance, the consequences are severe – two years of ineligibility for a first offense and indefinite ineligibility after a second offense.

Hope for Restoration: Conditions for Regaining Eligibility

While the consequences of a felony conviction on student loan eligibility are substantial, there is a glimmer of hope for those seeking rehabilitation. Eligibility can be restored before the specified period expires if the individual meets certain criteria:

Satisfactory Completion of Drug Rehabilitation Program:

Completing a drug rehabilitation program with specific criteria can lead to regaining eligibility for federal assistance.
Reversal and Removal of Conviction:

If the conviction is reversed and otherwise removed from the individual’s record, eligibility can be reinstated.

Conclusion

Felony convictions carry significant consequences beyond the courtroom, affecting the educational pursuits of individuals in Pennsylvania. Both state and federal regulations emphasize the importance of maintaining a drug-free environment within educational institutions. Understanding these consequences is crucial for those navigating the complex intersection of criminal justice and education, allowing individuals to make informed decisions about their future and take steps towards rehabilitation and recovery.

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.