# Can a Felon Be a NEMT Driver? Disqualifying Offenses and Look-Back Periods in 2027

Canonical URL: https://nemtguide.com/guides/nemt-driver-disqualifying-offenses/ · Updated 2026-09-30

Often, yes. No federal rule bars every felon, but no one on the OIG exclusion list may drive Medicaid trips. The rest turns on the crime, its date, and the program. MTM Health's standard contract (2023) bars sexual and violent crimes for good and allows a felony from the last 7 years only with its client's approval. In Rhode Island, felonies from the last 10 years are barred.

- No federal rule bars every felon, but no one on the OIG exclusion list can work on Medicaid trips.
- Sexual and violent crimes bar a driver for good under many rules, including MTM Health's standard contract and Georgia's manual.
- Other felonies are barred for 5 to 15 years, and the clock can start at the conviction, the end of the sentence, or the hire date.
- A guilty or no contest plea can count as a conviction, and probation, parole, or a pending charge can bar a driver.
- Where no rule bars the offense, weigh it against the job and follow your state's fair chance notice steps.

A felony record does not, by itself, rule anyone out of NEMT work for good. What rules a driver out is a specific crime, inside a specific look-back period, under a specific payer's rules. Each state and broker writes its own list, so the same record can pass for one company's trips and fail for another's.

This page covers what bars a driver, for how long, how waivers work, and what an owner must do before turning someone down. For the checks themselves, see [NEMT driver background checks](https://nemtguide.com/guides/nemt-driver-background-check/).

## What federal law says about drivers with a record

Federal Medicaid law sets a short floor for every NEMT driver. Section 1902(a)(87) of the Social Security Act requires each state to make sure that every NEMT provider and driver it pays is not excluded from federal health programs and is not on the HHS OIG exclusion list. Each driver needs a valid license. Each provider needs a process to deal with state drug law violations and to report each driver's driving history to Medicaid.

CMS says in its Medicaid Transportation Coverage Guide (SMD 23-006, September 28, 2023) that federal Medicaid law sets no other basic driver standards. States set the rest, and they may add background checks on drivers at any risk level.

So the one federal bar is the exclusion list. OIG must exclude people convicted of certain crimes, for at least these periods:

| Conviction | Type | Minimum exclusion |
|---|---|---|
| A crime related to Medicare, Medicaid, or another state health program | Mandatory | 5 years |
| Patient abuse or neglect | Mandatory | 5 years |
| A felony for health care fraud, theft, or other financial misconduct | Mandatory | 5 years |
| A felony for making, distributing, prescribing, or dispensing controlled substances | Mandatory | 5 years |
| A second mandatory offense | Mandatory | 10 years |
| A third mandatory offense | Mandatory | Permanent |
| A misdemeanor for health care fraud or for controlled substances | Permissive | 3 years, as a baseline |

These periods come from section 1128 of the Social Security Act and were in force in September 2026. Exclusion does not end by itself. OIG says the person must apply for reinstatement and receive written notice that it was granted, and may start the process 90 days before the period ends. Until then, Medicaid pays for nothing the person provides. See the [OIG exclusion list](https://nemtguide.com/glossary/oig-exclusion-list/).

## Crimes that bar a NEMT driver with no time limit

Most programs name a short list of offenses that bar a driver however old the conviction is. As of September 2026:

| Program | Crimes that bar a driver with no time limit |
|---|---|
| MTM Health standard contract (January 1, 2023 version, posted by Pennsylvania) | Any sexual crime or crime of violence |
| Georgia (DCH NEMT manual, July 1, 2026) | Any sexual crime or crime of violence |
| Texas Medicaid health plans (NEMT handbook, version 2.0.1) | Abuse, neglect, or exploitation of children, older people, or people with disabilities, and Medicaid fraud under the state's Medicaid Fraud Prevention law |
| MTM Health in Rhode Island (handbook updated July 1, 2026) | Felonies or misdemeanors tied to health care fraud, patient, child, or elder abuse, domestic violence, or criminal or sexual misconduct. Misdemeanors for theft, embezzlement, breach of fiduciary duty, other financial misconduct, domestic violence, assault and battery, drugs, or weapons. |
| Virginia (DMAS rules, May 26, 2026) | Barrier crimes: listed violent and sexual crimes, including any assault and battery, plus burglary, felony drug crimes, and any offense that requires sex offender registration |
| Louisiana (Medicaid manual section 10.3, July 14, 2025) | Crimes listed in state law, such as murder, manslaughter, rape, sexual battery, kidnapping, armed robbery, aggravated burglary, identity theft, felony theft (including theft from an older or disabled person), drug distribution, and cruelty to or exploitation of people with infirmities |
| Florida (2026 Statutes, sections 409.907, 435.03, and 435.04) | Drivers get a Level 1 screening, which bars the offenses listed in section 435.04(2), including murder, vehicular homicide, felony assault and battery, kidnapping, sexual offenses, abuse of children or of older and disabled adults, arson, burglary, felony theft and robbery, and felony drug crimes, plus domestic violence |
| Minnesota (Statutes 245C.15) | Murder, manslaughter, felony first or second degree assault, felony domestic assault, criminal sexual conduct, kidnapping, aggravated robbery, first degree arson, and other listed crimes |

Louisiana's rule reaches NEMT companies because its background check law names nonemergency, nonambulance medical transportation entities as employers (La. R.S. 40:1203.1). The same law adds four crimes against children, such as molestation of a juvenile, for employers that serve anyone under 21. Ask your broker whether it applies that list to your drivers.

When a state and a broker both set rules, a driver must meet both for that broker's trips. A driver who is barred for one contract can still be cleared for another, so match each driver to each payer.

## How far back each program looks

For crimes outside the lifetime lists, each program sets a waiting period. As of September 2026:

| Program | Other felonies | Other time limits | The clock starts at |
|---|---|---|---|
| MTM Health standard contract | 7 years, unless MTM's client approves | Substance abuse convictions: 7 years, or the period state law sets. Addiction treatment or a positive drug test: 5 years. | The conviction, treatment, or test |
| Georgia | Inside 5 years, only after review by the broker and DCH | Drunk or drugged driving: 5 years | The conviction, counted back from the hire date for drunk driving |
| Virginia | 5 years | None beyond the barrier crime list | The conviction |
| Texas health plans | 7 years for felonies and misdemeanors against a person, the family, public order or decency, public health, safety, or morals, or property, and for drug offenses | Drunk or impaired driving: 7 years | The first hire date. A conviction after hire bars the driver for 7 years from that conviction. |
| MTM Health in Rhode Island | 10 years | A sex offender registry listing: 10 years | The conviction |
| Minnesota | 15 years for listed felonies, such as theft, burglary, simple robbery, identity theft, felony drug sales, and felony third or fourth degree assault | 10 years for listed gross misdemeanors, 7 years for listed misdemeanors | The discharge of the sentence |
| Florida | No set period. A listed offense disqualifies until an exemption is granted. | An exemption request for a felony can be made 2 years after the sentence ends | The end of the sentence, for the exemption |
| Louisiana | No set period for listed crimes | A pardon or expungement lifts the bar | Not applicable |

The start date matters as much as the number. A listed Minnesota felony, such as burglary, keeps the person disqualified until 15 years after the sentence is discharged, not 15 years after the conviction. A Texas driver hired in September 2026 is judged on offenses back to September 2019.

### What counts as a conviction

A plea deal can still count. MTM Health's standard contract defines a conviction to include a guilty plea, a finding of guilt, a plea of no contest, or a similar disposition, whether or not it results in a sentence. Florida counts a guilty finding or a guilty or no contest plea regardless of adjudication. Texas counts deferred adjudication for drunk driving. Minnesota's background study also counts admissions, Alford pleas, and findings by a preponderance of the evidence.

### Pending charges, probation, and parole

Some programs act before any conviction:

- **MTM Health's standard contract** bars drivers who are on work release, probation, or parole, and drivers with a pending charge or arrest that would disqualify them if it led to a conviction.
- **Florida** disqualifies anyone with an arrest for a listed offense that is awaiting final disposition.
- **Texas** requires providers to tell the health plan in writing within 10 business days about a driver's new conviction, pending felony charge, or placement on a sex offender registry.
- **MTM Health** wants immediate notice of any criminal investigation, charge, or proceeding against a driver.

## Driving offenses that disqualify NEMT drivers

Driving records follow their own rules, and drunk driving has its own look-back periods. As of September 2026:

| Program | Drunk or drugged driving | License and ticket limits |
|---|---|---|
| MTM Health standard contract | A pending drug or alcohol traffic charge bars the driver | A suspended, expired, or revoked license bars the driver, and so do 3 at-fault moving violation convictions, or 2 at-fault accidents with injury or damage, in 36 months |
| Texas health plans | Any conviction, including deferred adjudication, in the 7 years before hire or at any time after | More than 1 moving violation in any rolling 12 months bars the driver |
| Georgia | A conviction in the 5 years before hire | A suspended or revoked license in the last 5 years bars the driver, except a child support suspension after release and 90 days in good standing |
| Louisiana | Any conviction in the past 3 years | 3 or more moving violations in the past 3 years bar the driver |

The limits for tickets and accidents, and how to pull the record, are in [motor vehicle record check](https://nemtguide.com/glossary/motor-vehicle-record/).

A driver with a CDL faces federal rules on top of these. Under 49 CFR 383.51, a first conviction for driving under the influence, even in a personal car, disqualifies a CDL holder from driving a commercial motor vehicle for 1 year. A second means life, though a state may reinstate the driver after 10 years if they finish an approved rehabilitation program. Most NEMT vans do not need a CDL. See [do NEMT drivers need a CDL](https://nemtguide.com/guides/do-nemt-drivers-need-a-cdl/).

## Waivers, exemptions, and approvals

A bar is not always final. Several programs have a way to clear a driver with a record:

- **MTM Health standard contract.** A driver with a felony from the last 7 years may drive only with the approval of MTM's client, the state agency or health plan that hired MTM. Ask the broker how to submit the request and what records to send.
- **Georgia.** A driver with a felony from the last 5 years may drive after a satisfactory review by the broker and the Department of Community Health.
- **Oregon Health Plan.** Each coordinated care organization must run an exception process that weighs when the crime occurred, the nature of the offense, and other circumstances, and must keep a record of every approval (OAR 410-141-3925, effective January 1, 2022).
- **Florida.** The agency head may grant an exemption for a felony once at least 2 years have passed since the sentence and supervision ended, and for a misdemeanor once the sentence is complete (section 435.07). Court-ordered fines and restitution must be paid in full first. The person must show clear and convincing evidence of rehabilitation. No exemption is possible for a sexual predator, a career offender, or a registered sexual offender, and a pardon alone does not remove a disqualification.
- **Minnesota.** The person may ask the Department of Human Services to reconsider. It may set the disqualification aside if the person shows no risk of harm, weighing nine factors such as the severity of the event, the victim's vulnerability, the time without a repeat, and completed rehabilitation (245C.22). A set-aside applies only to the company that started the study. Lifetime disqualifications cannot be set aside, except that a NEMT worker may ask once more than 40 years have passed since the sentence ended, with a letter from the employer. That exception does not cover crimes such as murder, manslaughter, kidnapping, or criminal sexual conduct (245C.24).
- **Louisiana.** A pardon or an expungement lifts the bar.
- **New York.** A certificate of relief from disabilities or a certificate of good conduct creates a presumption of rehabilitation that employers must consider (Correction Law 753).

Where a rule names no waiver, the bar holds until its look-back period ends. See the [Minnesota](https://nemtguide.com/states/minnesota/) and [Florida](https://nemtguide.com/states/florida/) state guides for how those screening programs fit into enrollment.

## Fair chance laws: what an owner must do before saying no

When no rule bars the offense, the decision is yours, and state law may shape how you make it.

At the federal level, the EEOC's 2012 guidance on conviction records asks employers to weigh three things: the nature and gravity of the offense, the time since the offense or the end of the sentence, and the nature of the job. California's law lists the same three.

On June 9, 2026, the Justice Department announced an Office of Legal Counsel opinion finding the EEOC's disparate-impact guidelines unconstitutional. Under that opinion, a criminal background check does not violate Title VII just because results differ between groups, and an employer need only show the practice is reasonable, useful, or serves a valid business purpose. Treating applicants differently because of race or another protected trait is still illegal. The EEOC and FTC guide says to apply the same standards to everyone.

State laws still apply in full. Four examples:

| State | Who it covers | What it requires |
|---|---|---|
| California (Gov. Code 12952) | Employers with 5 or more employees | No conviction questions before a conditional job offer. An individualized assessment of the offense, the time since it, and the job. A written notice with the report, then at least 5 business days to respond, plus 5 more if the person disputes the report. |
| Illinois (775 ILCS 5/2-103.1) | Employers under the Human Rights Act | No use of a conviction unless it is substantially related to the job or poses an unreasonable risk, after weighing six factors. A written notice, then at least 5 business days to respond. |
| New York (Correction Law Article 23-A) | Employers with 10 or more employees | No denial unless the offense directly relates to the job or poses an unreasonable risk, after weighing eight factors. Written reasons within 30 days if the person asks. |
| Washington (RCW 49.94.010) | Employers of every size, in two stages | No "no felons" job ads and no automatic bans. The law as amended in 2025 also bars criminal record questions until the applicant is otherwise qualified and has a conditional offer, requires a notice and 2 business days to respond before a rejection, and requires a written decision. The amended rules apply to employers with 15 or more employees from July 1, 2026, and to smaller employers from January 1, 2027. |

These laws carve out some jobs. California's does not apply where a state, federal, or local law requires a criminal background check or restricts hiring based on criminal history. New York's does not apply where a law imposes a mandatory bar. Washington's does not apply to a job with unsupervised access to children or to vulnerable adults as state law defines them. A broker contract is not a law, so a bar that appears only in a broker agreement may not fit these exceptions. Ask an employment lawyer in your state before you rely on one.

When a screening company runs the check, the Fair Credit Reporting Act adds its own notices before and after you turn someone down. They are covered step by step in [NEMT driver background checks](https://nemtguide.com/guides/nemt-driver-background-check/).

## Can a felon own a NEMT company?

Owners are screened through Medicaid enrollment, and the federal rules center on health care crimes:

- **Medicaid crimes.** A state must deny or end enrollment when any owner of 5 percent or more was convicted of a crime related to Medicare, Medicaid, or CHIP in the last 10 years, unless it documents in writing why that is not in the program's best interest ([42 CFR 455.416](https://www.ecfr.gov/current/title-42/section-455.416)).
- **Disclosure.** Before a provider agreement is signed or renewed, you must disclose any owner, agent, or managing employee ever convicted of a Medicare, Medicaid, or social services program crime, and the state reports it to OIG within 20 working days ([42 CFR 455.106](https://www.ecfr.gov/current/title-42/section-455.106)).
- **Exclusion.** An excluded person cannot be paid by Medicaid, and OIG may exclude a company controlled by an excluded person for at least as long as that person's exclusion lasts.

States go further. Florida requires a fingerprint-based Level 2 screening of every principal, including owners of 5 percent or more, officers, and managing employees, and for Medicaid it adds crimes involving health care programs, fraud, theft, controlled substances, and moral turpitude. Minnesota requires background studies of owners of 5 percent or more and managers. See [Level 2 background check](https://nemtguide.com/glossary/level-2-background-check/) and [how to become a Medicaid transportation provider](https://nemtguide.com/guides/how-to-become-a-medicaid-transportation-provider/).

## How to decide on an applicant with a record, step by step

1. **List your rules.** Pull the driver section of every broker agreement, health plan contract, and state manual you work under, plus any local permit rules. A driver must meet every rule that applies to a contract's trips.
2. **Ask at the right time.** California bars conviction questions before a conditional offer. Washington's amended law does the same for employers with 15 or more employees now and for smaller employers from January 1, 2027, subject to the exceptions above. Use a job application that fits your state, such as the [NEMT driver application](https://nemtguide.com/templates/nemt-driver-application/).
3. **Run the checks with written consent.** Search the OIG list first, because an exclusion ends the question.
4. **Read the record closely.** Confirm it is the right person. Note the offense, whether it was a felony or misdemeanor, how it ended, and the dates of the conviction and the end of the sentence.
5. **Match it to each program.** Check the lifetime list, then the look-back period, starting the clock where that program starts it.
6. **Ask for approval where a program allows it,** such as MTM's client approval or Georgia's broker and state review. Send the records the reviewer asks for.
7. **Where no rule bars the offense, assess it.** Weigh the offense, the time since it, and the job, and write down your reasons.
8. **Send the notices** your state and the Fair Credit Reporting Act require, and wait the full response period before a final decision.
9. **Keep watching.** Ask every driver to report a new arrest or charge the same day, and pass it on as each contract requires.

Keep the file current. In Texas, any ride by a driver who was not eligible is subject to recoupment, and MTM Health's standard contract says it will not pay for trips by uncredentialed drivers. For the rest of the hiring process, see [how to hire NEMT drivers](https://nemtguide.com/guides/hire-nemt-drivers/).

## If you have a record and want to drive

1. **Get your own records** from your state's criminal history repository and driver licensing agency, so you know what an employer is likely to see.
2. **Find the programs in your area** and compare your offense and dates with the tables above. A company with several contracts may be able to place you on trips your record allows.
3. **Ask about sealing or expungement.** Louisiana treats an expunged or pardoned conviction as clearing its NEMT bar, and California employers may not consider sealed or expunged records.
4. **Ask for a waiver where one exists,** such as a Florida exemption, a Minnesota set-aside, or a New York certificate of relief from disabilities.
5. **Tell employers about the Federal Bonding Program.** The U.S. Department of Labor offers employers free fidelity bonds that cover the first six months of a job for people whose backgrounds make hiring harder. Each bond covers up to $5,000 with no deductible.

The Work Opportunity Tax Credit, which covered people hired within a year of a felony conviction or release from prison, applies only to workers who began work on or before December 31, 2025, according to the IRS (page updated July 20, 2026). Unless Congress extends it, it does not help with 2026 hires.

## Frequently asked questions

### How far back do NEMT background checks look for felonies?

It depends on the program. As of September 2026, Georgia reviews felonies from the last 5 years, Virginia bars any felony for 5 years after the conviction, MTM Health's standard contract looks back 7 years, and Texas health plans look 7 years before the hire date. MTM Health in Rhode Island looks back 10 years. Minnesota bars listed felonies for 15 years after the sentence ends. Some crimes, such as sexual and violent offenses, bar a driver with no time limit.

### Can you be a NEMT driver with a DUI?

Often, once enough time has passed. Louisiana bars a driver with any drunk driving conviction in the past 3 years, Georgia one in the 5 years before hire, and Texas health plans one in the 7 years before hire, counting deferred adjudication. MTM Health's standard contract also bars a driver facing a pending drug or alcohol traffic charge. A driver who holds a CDL loses the right to drive a commercial motor vehicle for 1 year after a first DUI conviction, even in a personal car, and for life after a second.

### Can I drive for a NEMT company while on probation or parole?

Not on trips under MTM Health's standard contract. It bars drivers who are on work release, probation, or parole, and drivers with a pending charge that would disqualify them if it led to a conviction. Florida's screening law also disqualifies anyone with an arrest for a listed offense that is still awaiting final disposition. Other programs may allow it, so ask the company which contracts its trips run under before you apply.

### Does an expunged or sealed conviction still count?

Often not, but it depends on the state. Louisiana's NEMT rules let a driver with a listed conviction drive once it has been pardoned or expunged. California's Fair Chance Act bars employers from considering convictions that were sealed, dismissed, or expunged, or that carry a full pardon or a certificate of rehabilitation. Florida is stricter: a pardon or restored civil rights alone does not remove a disqualification, though sealed juvenile records do not count.

### Can a felon own a NEMT company?

Sometimes. Federal rules require a state to deny or end Medicaid enrollment when any owner of 5 percent or more was convicted of a Medicare, Medicaid, or CHIP crime in the last 10 years, unless the state documents why that is not in the program's best interest (42 CFR 455.416). Anyone on the OIG exclusion list is out, and a company controlled by an excluded person can be excluded too. States add their own checks: Florida runs a fingerprint-based Level 2 screening on every owner of 5 percent or more.

### Can an employer turn me down because of a felony?

Yes, when a law or payer contract bars the offense, and often when it relates to the job. Several states control how the decision is made. California, Illinois, and New York require the employer to weigh the offense, the time since it, and the job, and California and Illinois give you at least 5 business days to respond to a written notice. Washington bans blanket "no felons" policies, though not for jobs with unsupervised access to vulnerable adults.

### What happens if a NEMT company uses a disqualified driver?

It can lose the money for those trips. In Texas, any ride given by a driver who was not eligible is subject to recoupment. MTM Health's standard contract says it will not pay for trips by uncredentialed drivers, and its Virginia handbook (updated July 30, 2026) warns of lost payment for trips by unapproved drivers. Using someone on the OIG exclusion list on Medicaid work can also bring civil money penalties.

## Official resources

- [HHS OIG: Search the exclusion list (LEIE)](https://exclusions.oig.hhs.gov/)
- [HHS OIG: How reinstatement after exclusion works](https://oig.hhs.gov/faqs/exclusions-faq/)
- [EEOC: Guidance on arrest and conviction records in hiring](https://www.eeoc.gov/laws/guidance/enforcement-guidance-consideration-arrest-and-conviction-records-employment-decisions)
- [U.S. Department of Labor: Federal Bonding Program](https://www.dol.gov/agencies/eta/federal-bonding-program)
- [Florida Statutes 435.07: Exemptions from disqualification](https://www.flsenate.gov/Laws/Statutes/2026/435.07)
- [Minnesota Statutes 245C.22: Set-aside of a disqualification](https://www.revisor.mn.gov/statutes/cite/245C.22)
- [California Civil Rights Department: Fair Chance Act](https://calcivilrights.ca.gov/fair-chance-act/)