Drug Conviction Disqualification
(01/01/21 - 12/31/21)
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.
Ask the participant about the conviction and document the results. 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.)
Advise the participant that the disqualification may be avoided or removed when all NA eligibility criteria and the NA Drug Disqualification Removal Requirements are met. Provide the participant the opportunity to remove the felony drug conviction. See NA Drug Disqualification Removal Requirements.
When more information is needed for the felony drug conviction, use the Information Request and Pending Information Agreement (FAA-0077A) or send one of the following:
Budgetary units with a possible disqualifying drug conviction are still potentially eligible for expedited Nutrition Assistance service.
NOTE When the participant requests assistance, the worker must research available resources to verify the drug conviction.
The following participants are potentially eligible for NA and CA when convicted of a felony drug conviction related offense and adjudicated in one of the following courts:
Juvenile Court
Tribal Court
The following convictions 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 disqualify the participant on SEPA. Deny or close the case when the only participant is disqualified. See Drug Conviction Case Closure/Denial Procedures.
NOTE For NA, do not disqualify the participant when they have met the requirements for a 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 contacts the Attorney General’s (AG) office to determine that the conviction is disqualifying.
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- Intentional Program Violation (IPV)
NOTE Keying these alert types in the first or second alert type field on PRAP next to the disqualified elderly participant or disabled participant incorrectly allows the household special consideration.