Only two criminal convictions permanently bar you from Section 8: lifetime sex offender registration and manufacturing methamphetamine in federally assisted housing. Everything else — including drug convictions, violent felonies, and misdemeanors — is at your PHA's discretion. Many PHAs have relaxed their screening criteria in recent years, and HUD guidance encourages case-by-case review rather than blanket bans.
The Two Mandatory Bars
Federal law (42 USC § 13661) requires PHAs to deny assistance in exactly two situations:
1. Lifetime registered sex offenders. If any household member is subject to a lifetime sex offender registration requirement, the household is permanently ineligible.
2. Meth manufacturing in assisted housing. If any household member has been convicted of manufacturing methamphetamine on the premises of federally assisted housing, the household is permanently ineligible.
That's it. Everything else is discretionary.
What PHAs Can (But Don't Have To) Screen For
PHAs have wide latitude to set their own criminal history screening policies. Common discretionary screenings include:
Drug-related criminal activity. PHAs may deny if any household member has engaged in drug-related criminal activity within a "reasonable time" — often interpreted as 3-5 years.
Violent criminal activity. PHAs may deny if they determine a household member's criminal activity could threaten the health, safety, or right to peaceful enjoyment of other residents.
Eviction from assisted housing for drug activity. PHAs may deny if a household member was evicted from federally assisted housing for drug-related activity within the past 3 years.
Current illegal drug use. PHAs must deny if they determine any household member currently uses illegal drugs.
HUD Guidance: The Shift Toward Fairness
In recent years, HUD has pushed PHAs toward more individualized assessments. Key guidance includes:
PHAs should consider the nature and severity of the offense, how much time has passed, evidence of rehabilitation, and the impact on other residents. Blanket bans based on arrest records (without convictions) are strongly discouraged. PHAs should distinguish between arrests and convictions — an arrest alone shouldn't be a basis for denial.
Many PHAs have updated their policies accordingly, reducing lookback periods and focusing on convictions rather than arrests.
How to Strengthen Your Application
Get your records. Know exactly what shows up. Request your criminal history from your state's repository so there are no surprises.
Gather evidence of rehabilitation. Completion certificates from drug treatment, anger management, or other programs. Employment history. Letters from employers, counselors, probation officers, or community members. Stable housing history since the conviction.
Write a personal statement. Some PHAs accept statements explaining the circumstances, what you've done since, and why you're a good candidate for housing assistance.
Check the PHA's specific policy. Each PHA publishes an Administrative Plan that details their criminal history screening criteria. Read it — some PHAs have shorter lookback periods or more lenient standards than others.
Apply to multiple PHAs. Policies vary significantly. A PHA that denies you may have stricter policies than the one in the next county.
If You're Denied
You have the right to an informal hearing to contest a denial based on criminal history. At the hearing, you can present your evidence of rehabilitation, challenge inaccurate records, and argue that the PHA's denial doesn't align with their own published criteria.
Legal aid organizations often handle these cases and can significantly improve your chances at a hearing.
Expungement and Record Sealing
If you're eligible to have records expunged or sealed in your state, this can remove barriers. Expunged records generally don't show up on background checks. Many states have expanded expungement eligibility in recent years — check with your local legal aid to see if you qualify.