Can A Felon Be A Caregiver? Laws, Limits, and Possibilities

For individuals with a criminal record, finding stable employment can be difficult—especially in regulated fields like health care. A common question is: Can a felon be a caregiver? The answer depends on the type of conviction, how long ago it occurred, the jurisdiction’s background check laws, and whether the role involves services funded by Medicaid or Medicare.

Caregiving positions—whether in home care, assisted living, or dementia support—require trust, compassion, and safety. Background checks are required for almost every health care role, and specific offenses (such as abuse, theft, or sexual abuse) may lead to disqualification. However, not all crimes automatically bar someone from caregiving, and some states allow people with non-violent offenses or misdemeanors to work in caregiving roles with conditions.

In this blog, we’ll explore what types of crimes are disqualifying, what the law says, and how background check providers evaluate criminal records for health care jobs.

What Does a Caregiver Do?

A caregiver provides physical and emotional support to a patient, usually someone who is elderly, ill, disabled, or living with dementia. Caregivers may work in private homes, assisted living communities, or medical settings. Duties can include helping with medication, cooking, cleaning, mobility, hygiene, and monitoring for signs of health decline.

Some caregivers work under a license, such as a licensed practical nurse (LPN), while others provide non-medical home care services. Whether licensed or not, caregivers are expected to maintain safety, act with compassion, and avoid situations involving fraud, abuse, or neglect.

Are Background Checks Required for Caregivers?

Yes. All caregiving positions require a background check. In fact, health care facilities, Medicaid-funded services, and state-regulated home care agencies are legally required to conduct background checks under various state and federal laws.

Background checks may include:

National criminal history via fingerprinting
State or local criminal court records
Office of Inspector General (OIG) exclusion data
Drug test results (especially for controlled substance use)
Employment background and education verification
National sex offender registry search

Employers typically use a certified background check provider and follow the Fair Credit Reporting Act (FCRA) when collecting and using this data.

What Crimes May Disqualify Someone from Being a Caregiver?

While each jurisdiction has specific background check laws, some offenses are more likely to result in automatic disqualification, especially when applying for roles in elderly care or home care settings.

Disqualifying offenses may include:

Violent crime (e.g., assault, robbery, homicide)
Sexual abuse or registered sex offender status
Theft or fraud, especially involving a vulnerable adult
Abuse or neglect of a dependent patient
Drug-related crimes involving controlled substances
Felony convictions for substance abuse within a recent time frame

If a candidate has been arrested or convicted for one of these offenses, they may be flagged during the background check process, and the employer may be prohibited by law from hiring them—particularly in Medicaid or Medicare-funded programs.

Can a Felon Work as a Caregiver?

The answer depends on three key factors: jurisdiction, type of crime, and role responsibilities.

1. Jurisdiction

Each state has different rules about caregiver background checks and eligibility. Some states enforce lifetime bans for certain felonies, while others allow employment after a period of time has passed without reoffending.

For example:

In California, a person with a felony may apply for an exemption from disqualification if the crime was non-violent and occurred years ago.
In Texas, certain violent crimes, fraud, and drug offenses result in automatic revocation of caregiving eligibility.
Federal laws governing Medicaid-funded care often prohibit hiring individuals with abuse or neglect records.

Always consult a lawyer to clarify eligibility based on local regulations.

2. Type of Crime

There’s a major difference between a misdemeanor shoplifting conviction from ten years ago and a recent felony for sexual abuse or assault. Employers often consider the nature of the crime, how long ago it occurred, and whether the applicant has received counseling, rehabilitation, or training.

3. Job Duties and Consent

Some caregiving roles require direct physical contact or handling protected health information, which adds legal sensitivity. For example, a caregiver assisting with bathing or medication for elderly patients must be trusted with consent-based responsibilities. Felons with records involving abuse, violence, or fraud may not pass the safety requirements for these positions.

How Are Background Checks Conducted?

Employers typically use national and state-level background check providers to conduct screenings. These checks verify:

Criminal record (felony, misdemeanor, arrest history)
Any court records showing assault, theft, or abuse
Whether the applicant appears on abuse registries or the sex offender database
Drug test results, especially for controlled substance use
Employment history, licenses, and education

Employers must obtain written consent from the applicant and comply with FCRA rules when using a third-party provider.

Some states require all health care employers to participate in a national background check program aligned with federal guidelines. This is especially important when hiring for Medicare or Medicaid roles.

What If the Crime Was a Misdemeanor?

Misdemeanors don’t automatically prevent someone from becoming a caregiver, especially if the offense is unrelated to violence, theft, or patient safety.

Examples of misdemeanors that may not disqualify:

Traffic violations
Disorderly conduct (non-violent)
Substance possession charges that occurred many years ago

Employers may still require a statement from the applicant or request additional court information. In some cases, an employer may conduct a telephone interview to gather information about the incident before making a final decision.

Can You Get a Caregiver License With a Felony?

Obtaining a caregiver license (or a credential like licensed practical nurse) with a felony is possible in some states—but difficult. Most licensing boards perform their own extensive background check and may deny a license based on certain convictions.

Boards consider:

Nature and severity of the offense
Time since the conviction or arrest
Completion of drug treatment or rehabilitation
Letters of recommendation and professional experience
Whether the offense involved a patient or a health care setting

If denied, the applicant may appeal the decision or work with a lawyer to request an exemption.

Are There Exceptions or Waivers?

Yes. Some states allow individuals with certain felony convictions to apply for a waiver or exemption. These often require:

Proof of rehabilitation or therapy (especially for substance abuse)
Demonstrated work experience or volunteer caregiving
Clean criminal record since the offense
Support letters from health professionals or community leaders
Participation in education or training programs

Waivers are reviewed on a case-by-case basis. They may restore the applicant’s right to work in health care or caregiving under certain conditions.

What Roles May Be Available to Felons in Care?

Even if you cannot work in Medicaid-funded elderly care or assisted living, there are often caregiving-related roles that are still open to individuals with non-violent criminal backgrounds.

These may include:

Private home care (if not governed by state licensing laws)
Companion care roles with less medical responsibility
Daycare or disability services through private pay
Administrative support roles that do not involve patient contact
Non-licensed transportation or meal delivery services

Some employers will still conduct background checks, but may weigh personal experience and rehabilitation more heavily than government-funded positions.

Tips for Felons Applying for Caregiver Jobs

Be Honest Always disclose your criminal record truthfully on job applications when required. Attempting to hide a felony can result in immediate disqualification.
Request Your Own Background Report Check your employment background before applying, so you know what employers will see.
Seek Legal Advice A qualified lawyer can help determine if you’re eligible to work under local and federal caregiver laws.
Gather Documentation Have documents ready that show your rehabilitation, education, and caregiver experience.
Be Prepared for a Drug Test Most caregiving jobs require passing a drug test, especially when controlled substance administration is involved.
Ask About Waiver Options In states where waivers are allowed, submit a strong, organized application.
Get References Letters from previous employers, patients, or mentors can support your credibility.

Final Thoughts: Can A Felon Be A Caregiver?

So, can a felon be a caregiver? It depends. Many jurisdictions and employers allow people with older, non-violent offenses or resolved misdemeanor convictions to work in caregiving roles. However, felonies involving violence, abuse, theft, or controlled substances often limit job opportunities—especially in Medicaid or Medicare-funded health care.

Still, people with criminal records are not automatically disqualified. States offer waivers, rehabilitation-based exceptions, and job paths that recognize human growth and second chances.

If you or someone you know is a felon hoping to work in home care, elderly care, or health care, Paid Care encourages checking with a lawyer, learning about local background check laws, and exploring all available legal and employment options.

FAQs

You may be stopped from being a caregiver if you have a criminal record involving abuse, neglect, sexual abuse, fraud, or any violent crime. A failed background check, recent substance abuse, or being on a sex offender registry can also disqualify you. Many caregiving roles require drug tests and review of employment background, and some convictions can lead to automatic disqualification based on state law or Medicaid/Medicare rules.
It depends on the type of felony, the state’s laws, and how much time has passed since the conviction. Some states allow individuals with older, non-violent offenses to work as a home health aide if they pass a background check and meet licensing requirements. Felonies involving violence, theft, or controlled substances often result in disqualification, especially for jobs funded by Medicaid or Medicare.
Most caregiver background checks look back 7 to 10 years, but federal programs and some states can access lifetime criminal records for certain disqualifying crimes. If the job involves working with vulnerable adults or handling protected health information, employers may review older offenses, especially those involving abuse, sexual assault, or fraud.
Yes, you can still work in health care with a felony, but it depends on the offense, jurisdiction, and job type. Some roles require a license, and a felony may result in revocation or denial. Positions funded by Medicaid, Medicare, or in assisted living facilities often follow strict rules about who can be hired. However, many states offer waivers or exemptions for non-violent offenses, especially if you've completed rehabilitation or received further education.

Can A Fellon Be A Caregiver?