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The impact of an arrest record in the 8(a) Application

Any individual who has an arrest record must provide information within their 8(a) Application.

What is the impact:

The impact of an arrest record can result in either the denial of the 8(a) Application or a delay in its processing.

If the individual is currently on parole, probation or has been convicted of a major crime (e.g., rape, child molestation, murder, tax evasion, financial fraud, etc.) there is a high likelihood the 8(a) Application will be denied for failing to meet the SBA’s Good Character requirement.

The following questions are asked within your certify.sba.gov application:

Are you presently subject to an indictment, criminal information, arraignment, or other means by which formal criminal charges are brought in any jurisdiction?

If the individual answers this question “Yes” you will denied 8(a) Certification.

Have you been arrested in the past six months for any criminal offense?

If the individual answers this question “Yes” you will most likely be denied 8(a) Certification.

For any criminal offense – other than a minor vehicle violation – have you ever:

  • Been convicted
  • Plead guilty
  • Plead nolo contendere
  • Been placed on pretrial diversion
  • Been placed on any form of parole or probation (including probation before judgment)

If the individual answers this question “Yes” and they are not on parole, probation or have not been convicted of a major crime, as described above, the SBA will freeze the 90 day 8(a) Application processing clock. A copy of the individuals arrest information inputted into certify.sba.gov along with the fingerprint card is subsequently forwarded to the FBI for review. A delay in the processing and determination of 3-6 months is not out the question when there is an arrest indicated within an 8(a) Application.

Please note: Arrests for a DWI or DUI are usually not an issue assuming the items above do not apply to the individual.

What must be provided to the SBA:

The individual who has identified an arrest record must:

  1. Upload a completed FD-258 Fingerprint Card. It is the individuals responsibility to go to local law enforcement agencies to obtain legible fingerprints.
  2. A narrative for each arrest that includes the following details for the arrest, conviction, or charges against you:
    • Date
    • Location
    • Fine
    • Sentence
    • Whether offense was a Misdemeanor or Felony
    • Dates of parole or probation
    • List any unpaid fines or penalties
    • Name you were charged under
    • Any other pertinent information
  3. Upload copies of all relevant court dispositions or documents.
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