A criminal record, including a drug felony conviction, does not bar you from receiving SNAP/food stamps benefits in Massachusetts. However, you can be barred from SNAP/food stamp benefits if you are:
- "actively fleeing" prosecution or punishment for a felony, or
- violate a condition of probation or parole.
Under the 2008 Farm Bill, Section 4112 directs states to not disqualify individuals whose names happen to appear on a criminal database until the state has confirmed that the individual is actually "fleeing prosecution" and that they are being "actively pursued by law enforcement." USDA has not yet issued guidance on this provision. If you see any households denied or terminated for SNAP/food stamp benefits on this basis, contact a Legal Services advocate.
Advocacy Reminder
- You cannot get benefits if you get more than half your meals from a prison or half way house, but you may be eligible for SNAP/food stamp benefits if you are sentenced to home detention (for example, with an electronic bracelet). See Can I get benefits if I live in a hospital, school, or other residential institution?
Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute Last updated January 2011
