Spring Break and how a Drug conviction affects Federal Student Aid


As we near the time of year when many college students are headed off to South Beach on spring break, it’s important to remind students the impact that their actions on spring break can have on their future. Specifically, the impact that a drug conviction can have on a college student’s eligibility for federal student aid.

Spring Break at the beachUntil recently (2009) a single drug conviction on a person’s record may have rendered them ineligible for student aid forever. Thankfully, due to the recent changes in the law surrounding federal student aid, penalties have changed relating to drug convictions and student aid benefits. First, in order for a person’s aid to be impacted they must have been enrolled in school and receiving aid at the time of the incident. If a person was not actively receiving aid then prior convictions will not hinder their ability to receive aid. Further, a person is not considered to be receiving aid over summer breaks, but they are considered to be receiving aid during any holiday breaks.
For students who are actively receiving aid at the time of the incident, a three strike rule applies to them. Under the three strike rule, if the incident is the student’s first drug conviction for a possession offense then the student is ineligible for one year from the date of conviction, if the offense is for the sale of drugs then the person is ineligible for two years. For a second offense possession charge, a student is ineligible for two years from the date of conviction, and for the second offense sale of drugs a student has an indefinite period of eligibility. Third or more offenses will result in an indefinite period of ineligibility.

005A person can shorten their period of ineligibility by successfully completing an approved drug rehabilitation program that includes passing two, clean drug tests or by passing two unannounced drug tests administered by an approved drug rehabilitation program. Lastly, a person can shorten their ineligibility by having the conviction reversed, set aside, or otherwise rendered invalid.

If you or someone you know has been charged with a crime please contact one of the lawyers at our office in Racine, Wisconsin.


Why Choose Cafferty


Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine federal criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at ‪(262) 632-5000.


We Defend You

The attorneys at Cafferty & Scheidegger have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

Thumbs Up

Proven Experience

The dedication of the team at Cafferty & Scheidegger to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 through 2022. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 28 years of trial skills and courtroom experience.

Contact us today for a free consultation

We are here to help you with your law questions.