A felony conviction does not automatically disqualify you from Section 8, but the Public Housing Authority (PHA) in your area will review the details of your offense and your conduct since then.

The federal government does not have a blanket ban on Section 8 for people with felony records. Instead, each PHA sets its own policies within federal guidelines. Most PHAs will deny you if your conviction involved manufacturing methamphetamine or if you are a registered sex offender. For other felonies, the PHA looks at how long ago the conviction occurred, what the offense was, and whether you have stayed out of trouble since.

Some PHAs have "one-strike" policies that deny housing for certain violent crimes or drug offenses, while others use a case-by-case review. A few PHAs in major cities have eliminated blanket bans on felony records entirely. The only way to know your local rules is to contact your PHA directly or check their written admissions policy, which they are required to make public.

Key Takeaways

  • Federal law does not ban Section 8 for people with felonies, but your local PHA can set stricter rules than the federal minimum.
  • Methamphetamine manufacturing convictions and sex offender registration will disqualify you in nearly all jurisdictions.
  • For other felonies, the PHA will consider the type of offense, how much time has passed, and your behavior since conviction.
  • You must contact your local PHA to learn their specific policy, because rules vary significantly by city and county.

What the federal rules actually say about felonies

The U.S. Department of Housing and Urban Development (HUD) sets a floor, not a ceiling, for PHA denials. Federal law requires PHAs to deny Section 8 to anyone convicted of manufacturing methamphetamine in a federally assisted housing unit. Beyond that, HUD says PHAs may deny housing based on criminal history, but does not require them to.

HUD also requires PHAs to deny housing to anyone required to register as a sex offender under state law. That is the only other federal mandate. Everything else — whether a robbery conviction bars you, whether a drug possession charge from 15 years ago still counts, whether you can get housing if you served your time and have been clean since — is decided by your local PHA.

This means a felony that disqualifies you in one city might not in another. A PHA in a jurisdiction with housing shortages and lower crime rates may have stricter policies than one in a city with more available units and higher turnover.

How PHAs review felony convictions

When you submit your Section 8 application, the PHA will run a background check. If a felony shows up, they will pull the court records to see the conviction date, the offense type, and the sentence. They will also check whether you have any arrests or convictions since then.

Most PHAs use a written policy that lists which offenses are automatic denials and which ones trigger a review. Common automatic-denial categories include violent felonies (murder, rape, aggravated assault), drug trafficking, and arson. For other offenses, the PHA may look at "mitigating factors" — time served, rehabilitation programs you completed, steady employment, letters of reference, or a long period without new charges.

Some PHAs will interview you about your conviction and your life since then. Others make the decision based only on the paperwork. A few PHAs allow you to request a hearing if you are denied, where you can present evidence of rehabilitation. Check your local PHA's policy to see whether you have the right to appeal.

How much time has to pass before you can apply

There is no federal waiting period. Some PHAs have written policies that say "no felonies within the last 5 years" or "no violent felonies within the last 10 years," but others have no time requirement at all — they simply deny anyone with certain offense types, regardless of when the conviction occurred.

A few PHAs have moved away from time-based rules and instead look at whether you have completed your sentence, paid restitution, and stayed out of trouble. If your conviction is old and you have a clean record since, you have a better chance, but "better chance" is not the same as a may provide. You still need to know what your specific PHA's policy says.

The best approach is to contact your PHA before you apply and ask directly: "I have a felony conviction from [year] for [offense]. Does your policy allow me to move forward with an application?" They may tell you no, or they may tell you to submit the application and let them review it.

What documents you will need to provide

When you apply for Section 8, you will need to disclose your criminal history. The application form asks whether you have been convicted of a felony. You must answer honestly. Lying on the application is grounds for immediate denial and can result in criminal charges for fraud.

If you have a felony conviction, bring certified court documents showing the conviction date, the offense, and the sentence. If you were released early, completed probation, or had your record sealed or expunged, bring documentation of that as well. Some states allow felony records to be sealed after a certain amount of time or after you complete your sentence; if that applies to you, bring proof.

You may also want to bring letters from employers, community members, or counselors who can speak to your character and stability since your conviction. While not required, these can help if the PHA is doing a case-by-case review rather than applying an automatic rule.

Offenses that will almost certainly disqualify you

Methamphetamine manufacturing is a federal bar. If you were convicted of manufacturing meth in a federally assisted housing unit, no PHA can house you. If you were convicted of manufacturing meth anywhere else, most PHAs will still deny you, though a few may consider time passed and rehabilitation.

Sex offender registration is also a near-universal bar. If you are required to register as a sex offender under your state's law, you will be denied by virtually every PHA. This applies regardless of the specific offense or how long ago it occurred.

Beyond those two categories, violent felonies and drug trafficking convictions are the most commonly denied offenses. Many PHAs have automatic-denial policies for murder, rape, robbery, aggravated assault, and drug distribution. However, even these policies vary — some PHAs may consider a violent felony from 20 years ago differently than one from 2 years ago.

What to do if you are denied

If the PHA denies your application because of your criminal history, they must give you a written reason. Read it carefully to understand whether they applied an automatic rule or made a discretionary decision.

Some PHAs allow you to request a hearing or reconsideration. Check your denial letter to see whether you have this right and what the deadline is. If you do have the right to a hearing, prepare documentation of rehabilitation: employment history, completion of counseling or treatment programs, character references, and evidence of stable housing or family support.

If your local PHA has denied you and does not offer reconsideration, you can contact your city council member or state housing authority to ask whether they can intervene. You can also look into whether your state has expungement or record-sealing laws that might allow you to clear your conviction from public view, which could help with future housing applications.

Frequently Asked Questions

Will a misdemeanor conviction affect my Section 8 application?

Misdemeanors are not subject to federal restrictions, so it depends entirely on your local PHA's policy. Most PHAs focus on felonies and do not deny housing based on misdemeanor records alone. However, if you have multiple misdemeanors or a pattern of recent arrests, the PHA may view that as a sign of instability and deny you for other reasons.

Can I get Section 8 if I was convicted but my record was expunged?

It depends on your state's law and your PHA's policy. Some states allow expunged records to be hidden from housing authorities entirely. Others require you to disclose expunged convictions on housing applications. Check your state's expungement law and call your PHA to ask how they handle sealed or expunged records in your area.

What if I was convicted as a juvenile?

Juvenile records are usually sealed and not visible to housing authorities unless you are applying for housing that serves families with children. Even then, most PHAs do not consider juvenile convictions in their adult housing decisions. However, if you were tried as an adult, the conviction will show up on your adult record and will be treated like any other felony.

Can I apply for Section 8 while I am still on probation or parole?

Yes, you can apply while on probation or parole. Some PHAs may view active supervision as a positive sign that you are complying with court orders. Others may deny you because you have not yet completed your sentence. Contact your PHA to ask whether active probation or parole affects their decision.

What if my felony conviction was in another state?

Your PHA will still see it. Background checks pull records from all states. The conviction will be treated the same way as one in your current state, based on your local PHA's policy. If the offense is a felony under both your current state's law and the state where you were convicted, it will count against you.