A felony conviction does not automatically disqualify you from Section 8, but the Public Housing Authority (PHA) in your area will review your criminal history and may deny you based on specific crimes or timing.

Whether you can receive Section 8 depends on what crime you committed, how long ago, and the rules your local PHA has written. Federal law sets a floor — certain offenses like manufacturing methamphetamine result in a permanent bar — but most felonies fall into a gray zone where the PHA decides. Some housing authorities deny anyone with a felony in the past five years. Others look at the specific offense and the person's record since then. A few have policies that consider felonies older than ten years as resolved.

The only way to know whether your local PHA will consider your process is to contact them directly and ask. They are required to tell you their policy in writing if you request it. Lying about a conviction on your process will result in when ready denial and may prevent you from reapplying for a set period.

Key Takeaways

  • Federal law permanently bars people convicted of manufacturing methamphetamine, but most other felonies are subject to your local PHA's individual policy.
  • Your local PHA sets its own timeline — some deny anyone with a felony in the past five years, others use ten years, and a few consider older convictions case-by-case.
  • You must contact your PHA directly to learn their specific policy, because it varies widely by location and is not published in one central place.
  • Disclosing your conviction honestly on the process is essential; lying will result in denial and may lock you out of reapplying for months or years.

Which felonies result in permanent disqualification

Federal law creates a permanent bar for one specific offense: manufacturing methamphetamine. If you have a conviction for manufacturing meth, no PHA can house you under Section 8, regardless of how much time has passed or your circumstances since.

Beyond that single federal rule, the PHA in your area decides which other crimes are disqualifying. Some housing authorities also permanently bar people convicted of sex offenses involving minors, violent felonies, or drug distribution. Others use a time-based rule instead — for example, "no felony convictions in the past seven years" — which means the same crime might disqualify you now but not in five years.

You cannot know your PHA's rules without asking them. Call the main office and ask to speak with someone in the Section 8 program, or visit their office in person with your conviction paperwork. Request their written policy on criminal history. They are required to provide it.

How PHAs evaluate felonies that are not automatic bars

For felonies that do not result in automatic disqualification, the PHA typically looks at three things: the type of crime, how long ago it happened, and what you have done since.

A PHA might weigh a drug possession conviction from eight years ago differently than a drug possession conviction from two years ago. They might also consider whether you have been employed, whether you have other convictions since then, and whether you have completed any rehabilitation or counseling. Some housing authorities have formal point systems; others make decisions case-by-case. The process is not transparent, and two people with identical records can receive different decisions depending on who reviews their file.

This is why it matters to contact your PHA early. If you know their policy allows consideration of older convictions, you can gather supporting documents — employment letters, counseling certificates, character references — before you submit your process. If their policy is a hard cutoff (for example, "no felony in the past five years"), you will know whether waiting is your only option.

What information the PHA will request about your criminal history

When you explore for Section 8, the PHA will ask you to disclose all felony convictions. They will also run a background check, which means they will find out about convictions whether you report them or not. Some PHAs also ask about misdemeanors, arrests that did not result in conviction, or pending charges.

You will need to provide the date of conviction, the offense name, the state where you were convicted, and the sentence you received. If you do not have this information, you can request your criminal history from the state court where you were convicted, or from your state's Department of Corrections if you served time. Many states now allow you to request this online; others require a written request or a visit in person. There is usually a small fee, though some states waive it for people with low income.

Bring whatever documentation you have — court papers, sentencing documents, or a letter from your parole or probation officer stating your conviction history. The PHA will verify the information through their own background check, so accuracy matters.

How to find out your local PHA's specific policy

Your local PHA is the only source for its own rules. You can find contact information by searching "[your city or county] Public Housing Authority" or by calling 211, which will connect you to local housing resources.

When you call, ask to speak with someone in the Section 8 program and say: "I have a felony conviction and I want to know whether your program will consider my process. Can you tell me your policy on criminal history, or send me a written copy?" If they give you a vague answer, ask for specifics: "What is the time period? Are there crimes that are automatically disqualifying? Can I request a case-by-case review?"

Some PHAs have this information on their website under "Program Rules" or "Admissions Policy." If you cannot find it online, a phone call or in-person visit is the fastest way. Write down the name of the person you speak with and the date, in case you need to follow up later.

What happens if you are denied and want to appeal

If the PHA denies your process because of your criminal history, they must give you a written reason and tell you how to request a hearing. You have the right to dispute the decision and present your side of the story.

At the hearing, you can bring documents, witnesses, or a representative to argue that the PHA made a mistake or that circumstances have changed since your conviction. For example, if the PHA denied you based on incomplete information about your conviction, you can correct the record. If your conviction is old and you have a strong employment or community history since then, you can present that evidence.

The hearing process varies by PHA. Some hold hearings in person; others allow written submissions. Ask the PHA what their process is and what documents they want you to submit. If you cannot afford a lawyer, some legal aid organizations in your area may help with Section 8 appeals at no cost.

Other housing options if Section 8 is not available to you

If your local PHA denies you, or if their policy makes you ineligible for several more years, other housing programs may not have the same restrictions. Public housing (different from Section 8) is run by the same PHA but sometimes has different rules. Some nonprofits that rent to people with criminal histories do not use federal funding and are not bound by the same restrictions. Transitional housing programs, particularly those focused on reentry after incarceration, often prioritize people with felony records.

You can ask your PHA whether they administer public housing and what their criminal history policy is for that program. You can also contact your local legal aid office or a reentry organization in your area — search "[your city] reentry program" or "[your city] criminal justice reform" — to learn about other rental programs that may work for you.

Frequently Asked Questions

Do I have to tell the PHA about a felony if it was expunged or sealed?

Yes. Even if your record was expunged or sealed by the court, you must disclose the conviction to the PHA if they ask. Section 8 rules require disclosure of all felony convictions regardless of legal status. Failing to disclose will result in denial if discovered.

Will a felony from another state affect my Section 8 process in my current state?

Yes. The PHA will see convictions from any state through the background check. Their policy applies to all felonies, not just those in your current state. Contact your local PHA to confirm whether they will consider out-of-state convictions under the same rules.

How long does the background check take?

Background checks typically take two to four weeks, though it can be longer if the PHA needs to verify information with another state or if court records are slow to respond. Ask your PHA for an estimated timeline when you submit your process.

Can I reapply if I am denied because of my felony?

Yes, but the timing depends on your PHA's policy. Some allow reapplication after a set period — for example, one year or five years. Others allow reapplication once circumstances change, such as when your conviction reaches the age threshold in their policy. Ask the PHA when you can reapply and what would need to change for a different outcome.

What if I have multiple felonies?

The PHA will review your entire criminal history. Multiple convictions may result in denial even if a single conviction would not. The type and timing of each conviction matters. Contact your PHA to discuss your specific situation before explore.