Requirements

Can You Get a CDL with a Criminal Record? Felonies, DUIs & What Disqualifies You

Updated: Jan 202610 min read
CDL
CDL Schools USA Research Team
Commercial driver training and FMCSA compliance specialists with 15+ years of industry experience.

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TL;DR

Most non-driving felonies (theft, assault, drug possession, fraud) do NOT automatically disqualify you from getting a CDL. Federal disqualification under 49 CFR 383.51 is triggered specifically by using a commercial motor vehicle to commit certain offenses: drug trafficking or human trafficking with a CMV (lifetime ban), any other felony committed with a motor vehicle (1 year first offense, lifetime second), or DUI/DWI (1 year first offense, lifetime second). States can also add their own rules, and individual employers routinely run their own background checks beyond the federal minimum, so a clean federal eligibility doesn't guarantee every employer will hire you.

In This Guide

  1. 1Can You Get a CDL with a Felony?
  2. 2DUI/DWI and CDL Eligibility
  3. 3What Automatically Disqualifies You?
  4. 4Waiting Periods by Offense Type
  5. 5Getting Your Record Expunged
  6. 6Trucking Companies That Hire Felons
  7. 7Endorsement Restrictions (Hazmat, School Bus)
  8. 8FAQs

Warning:

If a school is not on the federal registry, you cannot get your license. All schools listed on CDL Schools USA are verified against the 2025 FMCSA database.

Can You Get a CDL with a Felony or Criminal Record?

In most cases, yes. Federal law only automatically disqualifies you for offenses involving a commercial motor vehicle. Most non-driving felonies do not trigger automatic federal disqualification, though states and individual employers can add their own additional screening.

This is general information, not legal advice. If you have a specific record and want a definitive answer, an attorney or your state's licensing agency can review your exact situation.

What Actually Disqualifies You Under Federal Law

49 CFR 383.51 sets federal CDL disqualification rules, and the key distinction is this: automatic disqualification applies specifically to offenses that involve using a commercial motor vehicle (or, for DUI, any vehicle) — not to criminal history in general.

OffenseFirst OffenseSecond Offense
Using a CMV to manufacture, distribute, or dispense controlled substancesLifetime ban
Using a CMV to commit human traffickingLifetime ban
Using any motor vehicle to commit any other felony1 yearLifetime
DUI/DWI (alcohol or controlled substance) in any vehicle1 yearLifetime

Notably, the drug and human trafficking bans are the only permanent ones with no reinstatement possible. For other lifetime disqualifications, federal law allows states to reinstate after 10 years if the driver completes an approved rehabilitation program and maintains a clean record.

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What Does NOT Automatically Disqualify You

This is the part people are often surprised by: non-driving felonies, meaning offenses that didn't involve operating a vehicle, generally do not trigger automatic federal CDL disqualification. That includes things like:

  • Theft or burglary
  • Assault
  • Drug possession (as opposed to distribution using a CMV)
  • Fraud

The federal disqualification framework is specifically built around driving-related offenses, not criminal history as a whole.

The Part That Trips People Up: Employer Screening

Federal eligibility to hold a CDL is not the same thing as an individual employer's willingness to hire you. Many carriers run their own background checks and set their own hiring standards, which can be stricter than the federal minimum. A clean federal eligibility means you can legally be licensed; it doesn't guarantee any specific carrier will offer you a job.

Practically, this means it's worth being upfront with schools and prospective employers about your record early, rather than discovering a mismatch after you've already paid for training.

Frequently Asked Questions

Can states add their own disqualifying offenses beyond the federal list?

Yes, states can impose additional requirements on top of the federal minimum. Check with your specific state's DMV or licensing agency for anything beyond the federal baseline covered here.

Will a hazmat endorsement be harder to get with a record?

Potentially. The hazmat endorsement requires a separate TSA background check with its own disqualifying criteria, which is different from and in addition to the standard CDL disqualification rules covered here. See our hazmat endorsement guide for that process.

Frequently Asked Questions

In most cases, yes. A felony doesn't automatically disqualify you from getting a CDL. However, certain felonies (especially drug trafficking, using a CMV in a crime, or violent crimes) have waiting periods of 3-10+ years. Each state varies.

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