CAN YOU GET UNEMPLOYMENT BENEFITS WITH A FELONY

In a previous post, we discussed a situation where if a someone with a felony suddenly found themselves unemployed and out of work, would that technically constitute a violation of their probation –

You may find the answer to that question right here – BUT it behooves one to find employment sooner rather than later, as it does not help the cause. Your cause that is.

Well, another question generally asked within that same context would be if you qualify for unemployment benefits due to the fact that you have a felony?

Can you get unemployment benefits with a felony?

In order to qualify for unemployment benefits, an individual (felon or not) must meet the general guidelines and requirements necessary in order to obtain those benefits: loss of work through no fault of your own.

So granted you meet the normal prerequisites and are deemed eligible, you may receive unemployment compensation regardless of a felony conviction.

It is important to note that all states generally differ in the criteria asked of an individual in order to qualify for assistance, but one thing universally agreed upon is that the application process can seem a bit harrowing and complicated in its’ design (and perhaps intention).

As a result, many are left feeling frustrated in the steps needed to attain benefits, with the overall sentiment that rejection is almost certain, especially when someone has been convicted of a felony.

Can someone with a felony receive reemployment assistance?

Based on the fact that I (a convicted felon) have experienced this situation firsthand, I can attest to it all (so you know I am not talking out of my ass). Yes, I have received unemployment insurance, aptly renamed reemployment assistance, having been part of a mass company layoff.

6 Considerations for a Safe Employee Dismissal | 2016-09-27 | Security  Magazine

I vividly recall the uneasy feeling I went through when I got the news that I would be out of a job soon enough, with the company I had worked so hard for now reorganizing and restructuring.

Making matters worse, it all took place during the holidays, as is normal during a corporate downsizing.

I knew for myself what was already an extremely stressful situation (contending with and overcoming the challenges of a criminal background) was suddenly about to get way worse.

A feeling of dread overcame me like never before, having to foresee the inevitable future of applying to jobs and explaining my background. Once again.

It was a shame too, as I worked so hard to build up good faith and trust with this employer. Now the problem is compounded by having to start from scratch, with the cherry on top of not knowing whether I would be eligible for unemployment benefits.

I mean, it is understandable right?

Things get taken away from you in this world without any explanation at times. I know you have to live with consequences for your actions, but seriously, when you are a convicted felon, the universe has a way of stripping you of so many opportunities you would normally be able to enjoy.

Or those opportunities are made so out of reach (purposely), that it creates animosity at the system.

The sad thing is that there’s not a whole lot we can do about it. Not like us convicted felons are considered this protected class. And although it is not prejudice or discriminatory to do this, it is. Does that make sense?

Is there basis to deny someone benefits, due to the fact that they are a convicted felon?

Felons must be ever mindful that if they are dismissed from an employment position for acting or participating in prohibited or illegal activity, violating company policies, or in doing anything that causes harm, with the end result of being fired, they are not eligible to receive unemployment. Furthermore, they may be prosecuted and face the possibility of incarceration.

What would disqualify someone from receiving unemployment benefits?

An employee (W2 wage earner) must not have quit or vacated their job as the loss of work was “through no fault of their own”. Any employee fired for misconduct, willful behavior, or any other similar offenses do not receive unemployment compensation. The employee must also meet certain wage earnings and length of employment time in order to qualify.


Immediately following my job loss, I had filed for unemployment. I recall my anxiety in the subsequent days as I awaited the decision on my eligibility.

Fortunately, I was approved without issue and my job loss turned out to be a blessing in disguise, as eventually I took on new and more prosperous endeavors. I guess we will just chalk it up that it happens for a reason then.

Be that as it may, I will say that the little cushion of financial support provided by the unemployment benefits made a huge difference in those hard times. As the saying goes, every little bit helps.

At the time, it allowed me to pay a few bills and keep afloat, but more importantly, it took some of the burden and stress off my shoulders during an already stressful situation. And believe me it was desperately needed.

You see, when you are out of work searching for a job, it’s tough. When you are out of work searching for a job and are a convicted felon, it is tougher.

And when you are out of work searching for a job, are a convicted felon who’s broke with bad credit, it is absolutely horrific.

So being able to still have benefits despite having a felony is a really big deal and critical lifeline.

I know from my situation; I was so overwhelmed because I was not prepared for this to happen. Then again, there is never really a good time for something like this to happen.

Still though, I guess the most frustrating thing was that I could not get a straight answer from anyone to help me answer this damn question – can a felon receive unemployment benefits?

Hopefully if you are reading this and find yourself in a similar situation – a felon who finds him/herself out of work – this post will put your mind at ease to know that you are applicable, and it is very much possible.

And to those thinking that this article was redundant, unnecessary, or that it is even common knowledge on who may or may not qualify for unemployment, in all due respect, I say screw you – because you do not get it.

Nor would you understand the stigma attached to felony convictions, and having to live with this monkey guerilla on your back if that situation does not apply.

So, the answer to sum this (can a felon receive unemployment benefits) all up is… YES, unemployment is open to anyone, including felons.

Being a felon should have no impact on whether or not you can be approved for unemployment benefits. The benefits are tied to your job, so it’s really a matter of the job that you have had as to whether or not you will be approved to receive the benefits.

Felon or not, if the criteria and normal requirements for eligibility are met, then YES, a felon can secure unemployment (reemployment) financial assistance*.

*That is unless they are a felon due to committing unemployment fraud. Then you are screwed.

Educate yourself on your situation, because nobody will do it for you. Stay well and out of trouble.

-The Educated Felon

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53 Comments

  1. I have accepted a plea which will make me a felon soon. I am currently drawing unemployment benefits. Should I expect they will force me off re-employment assistance when I go onto state probation in TN?

    1. David,

      Thank you for reading. I’m sorry to hear about that, and although everything is state specific (inquire and read everything you can get your hands on about your state and any bylaws), there should not be any issues to draw unemployment benefits as long as it pertains to the focal point of job loss through no fault of your own.

  2. I was working full-time prior to being sentenced; I have worked for 40 hours (or more) for over 15 years. I was recently released from my sentence, am I eligible for unemployment until I am able to obtain new employment?

    1. Hi Christina,

      You are eligible for unemployment as long as you lost your job through no fault of your own. Obviously this is state dependant, however that should not be a barrier. You say prior to being sentenced. Were you incarcerated for a period of time and lost your job due to that. No matter what, you should always inquire about what programs may be available to you.

  3. This is a time when do many people need help. For anyone to reject you cause of a felony is so terrible. Same thing with housing.

  4. Sad they they punish and take away opportunities from the people needing it the most when trying to turn their life around. And they wonder why people relaspse and go rob a bank.

  5. The pandemic put me out of work and was up for benefits and was nervous I wouldn’t qualify. Thank you for writing this.

  6. Thank you for the insight you provide on this article as I find myself in a similar situation with those questions lingering. Reading this provided some relief from the anxiety I was experiencing.

  7. Of course you don’t wanna work. Why would you, the “man” always be discrimiatin against you all. That’s why our country is broken.

  8. My situation is different. It was discovered that a warrant was out for my arrest, while my new employer was doing a background check. It was explained that federal law makes it possible for the employer to terminate my service. This happened while I had not pleaded guilty. I don’t know where to turn now for work

  9. Due to pandemic i just recently got laid off. I was scared that i may not be able to qualify due to being incarcerated in my past. I know it may sound stupid, but like you say, a lot of negative thoughts go in your head to think you don’t get opportunities. I appreciate you writing this as it helped put my mind at ease.

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