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Families apply for financial aid to pay for college by filling out a FAFSA® — Free Application for Federal Student Aid — form before the start of each academic year. If your child receives grants or loans to pay for tuition and related expenses, their aid package may be suspended if they’re convicted for possession or the sale of illegal drugs. An arrest, however, does not suspend aid. Hiring an attorney gives your child the best possible chance of an improved outcome.

Drug-Related Charges & Financial Aid Eligibility

Be candid with your children about the criminal consequences of possessing or selling illegal drugs. Talk to them about their rights during police encounters. They may be arrested but not immediately charged or jailed.

Search and seizure laws are complex. An attorney can help you understand the factors at play in your child's situation. For instance, in some cases, the validity of the arrest can be challenged.

A lawyer can also explain the defense strategies or other options that may be available to your child. For example, diversion into a court-approved rehabilitation program may be possible to avoid criminal charges.

Conviction Consequences

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If a student is convicted for possession while receiving aid, they’ll have their grants and loans suspended for one year for a first offense, and they may have to repay funding received after a court has found them guilty. The length of a suspension increases to two years if the conviction is for selling illegal drugs and increases further for second or third offenses.

FAFSA Requirements

The FAFSA form requires applicants who have attended college and previously received aid to answer a yes-or-no question about any drug convictions. If the answer is yes, the form requires an additional worksheet to be filed to determine the specific impact on eligibility.

Applicants should answer “no” if they were convicted as minors, charges were dismissed, or their conviction was reversed or set aside by a court. In these cases, their eligibility to receive assistance is unaffected.

Reinstatement

A suspended aid package can be reinstated. The student must complete a substance abuse program or pass two random drug tests administered by a qualified rehabilitation agency.

 

The attorneys of Osborne, Tripp & Schmidt in Sparta, WI, protect the rights of clients who have been arrested and charged with crimes or pulled over for driving under the influence. They are skilled litigators committed to achieving the best possible results. Visit them online for an overview of their areas of practice, or call (608) 269-2400 to discuss their approach to representing clients charged with possessing or selling illegal substances.

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