.06 Drug Conviction Disqualification
 
(01/01/19 - 12/31/19)
When a possible disqualification for a felony drug conviction is discovered, the following apply:
 
Participants, children or adults, who are convicted of a felony offense that has actual possession, use, or distribution of a controlled substance as an element of the crime are disqualified. The crime must have been committed and the participant convicted on or after August 23, 1996.
 
WARNING
NA participants with a drug conviction may avoid a disqualification or have a prior drug disqualification removed when they meet all NA eligibility criteria and the NA Drug Disqualification Removal Requirements. Review SEPA for the DF participation code at application or reapplication.
 
Ask the participant about the conviction. The Drug Conviction Information section of the R&A Drug Conviction Checklist OnBase E‑Form may be used as a guide for questions to ask. For instructions on how to use the OnBase e-form see Accessing OnBase E‑Forms.)
When more information is needed, use the Information Request and Pending Information Agreement (FA-077) or send one of the following:
C020
F011
RFI (from HEAplus)
Budgetary units with a possible disqualifying drug conviction are still potentially eligible for expedited Nutrition Assistance service.
 
NOTE When the participant requests assistance, the EI must research available resources to verify the drug conviction.
 
WARNING
The following participants are potentially eligible for CA and NA when convicted of a felony drug related offense and adjudicated in one of the following courts:
Juvenile Court
Tribal Court
The following are examples of convictions that DO NOT cause disqualification:
Attempted possession or sale
Solicitation to possess or sell
Attempted manufacture of dangerous drugs
Possession of non-dangerous chemicals to manufacture drugs
Possession or use of drug paraphernalia
Facilitation to possess or sell
Conspiracy to possess
 
When the participant FAILS to respond to the notice, see Drug Conviction Case Closure/Denial Procedures.
 
When the drug conviction is verified as a disqualifying felony, complete the following:
 
Priority upload(g) all the information obtained to OnBase(g).
Elevate the facts of the case to Research and Analysis (R&A) using the R&A Drug Conviction Checklist OnBase E-Form.
When directed by R&A that a felony drug conviction exists remove the disqualified participant. Deny or close the case when the only participant is disqualified. See Drug Conviction Case Closure/Denial Procedures.
Allow the participant the opportunity to avoid or end a drug disqualification. (See NA Drug Disqualification Removal)
 
When a drug conviction is set aside, vacated or expunged by a Court in the State of Arizona, the conviction REMAINS disqualifying for eligibility purposes.
 
When a conviction was set aside, vacated or expunged in another state, elevate the details of the conviction to the Policy Support Team (PST). The PST will contact the Attorney General’s (AG) office to determine if the conviction is disqualifying.
 
WARNING
NA participants who are disqualified remain disqualified when applying in a separate case. The following Participant Disqualification Alert Code types must be keyed in the THIRD alert type field on PRAP next to the disqualified participant, regardless of the number of other person alerts:
FD – Felony Drug Conviction
FF – Fleeing Felon
IP – IPV
NOTE Keying these alert types in the first or second alert type field on PRAP next to the disqualified elderly participant or person with a disability will incorrectly allow the household special considerations.