Step-by-step guide

How to find housing with a criminal record

The short answer

A record makes renting harder, but it rarely shuts every door. In public housing and Section 8, HUD rules permanently bar just two groups because of criminal history: households with someone subject to lifetime sex offender registration, and households with someone ever convicted of making meth on the grounds of federally assisted housing. Most other denials are a judgment call by the housing agency or landlord.1 2

Federal guidance shifted in late 2025. HUD withdrew its notice on arrest records and its 2016 fair housing guidance on criminal records, and is urging stricter screening, so state and local laws now matter more. California and Oregon, for example, limit what private landlords can hold against you.9 10 11 12 13

Updated October 2026. Rules differ by state, so call your office before you go. Questions? We're here: call or text 888-860-RISE.

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Your steps, in order

1
Know the hard rules from the judgment calls
Public housing and Section 8 must also turn away a household for 3 years after an eviction from federally assisted housing for drug-related criminal activity. The agency can admit you sooner if the person finished an approved supervised drug rehab program or the circumstances no longer exist.1 2
Agencies must also deny households where someone is currently using illegal drugs, or where drug or alcohol use threatens other residents' health or safety. That's about current behavior, not your past.1
Everything else is optional. An agency may deny for drug-related, violent or other criminal activity only within a reasonable time before the decision, and each agency sets how long that is.3
2
Read the screening rules before you apply
Because each housing agency picks its own lookback period, two agencies in the same area can treat the same record very differently. Ask each one how far back it looks and for its written policy.3
In California, landlords should be able to give you a copy of their criminal history policy and should wait to look at your record until after your income and other qualifications are checked.12
Tip:
Apply to more than one waitlist. Housing agencies near each other often have different policies and different waits.
3
Gather proof of who you are now
Agencies can weigh how serious the offense was, whether the people who'd live with you were involved, and what you've done to make things right. They can also consider rehab you've finished or are in now.5 6
HUD's rules name the kind of support that counts: information from a probation officer, a landlord, neighbors, or social service workers. Evidence that you're in counseling or other services can also help.3 6
California lists similar mitigating information: rehabilitation, being young when it happened, how long ago it was, a good rental history, and steady work.12
Bring
- A letter from your parole or probation officer
- A reference from a past landlord, halfway house or shelter
- Proof of work or steady income
- Certificates from treatment, classes or programs
- Proof of any expunged or sealed cases
4
Denied? Ask for a review
If a housing agency plans to deny you because of a criminal record, it must give you a copy of that record and a chance to dispute whether it's accurate and whether it's relevant.1 2
For Section 8, the denial notice must explain why and how to ask for an informal review. Someone who didn't make the decision runs it, and you can object in writing or in person. For public housing, ask for an informal hearing.7 8
If someone in your household caused the problem, the agency may let the rest of the family in if that person isn't part of the household.5
Tip:
Ask for the review in writing, keep a copy, and bring your letters and certificates. A legal aid office, which you can find through LawHelp.org, can help you prepare. This guide isn't legal advice.16
5
Line up a place to land
If you're in federal prison, ask about a residential reentry center, also called a halfway house. Your unit team makes a referral about 17 to 19 months before release, and a stay can last up to 12 months, with help finding work and managing money.14
Leaving state prison or jail? Ask your case manager or parole officer about transitional or sober living homes that accept people on supervision. If you have nowhere safe to go, call or text 888-860-RISE and we'll help you look, and connect you with someone on our team if you want.
6
Clear what you can
Sealing or expunging old cases helps with housing too. In California, a landlord can't consider sealed or expunged convictions unless you bring them up. In Utah, you can generally answer as though an expunged case didn't happen. Our guide on clearing your record walks through the steps.12 15

What it costs

Item	Cost
Criminal record check for public housing or Section 8	Free to you; the housing agency can't pass the cost on

Rules that differ by place and program

Private landlords follow state and local law; public housing and Section 8 follow HUD rules. These examples come from official sources.

California

A landlord can't refuse everyone with a record. It can't consider arrests that didn't lead to a conviction, sealed or expunged convictions, juvenile records or diversion programs. A denial must be based on a conviction directly related to being a good tenant. Complaints: 800-884-1684.12

Oregon

Landlords may consider only convictions or pending charges for drug crimes (not marijuana use or possession alone), person crimes, sex offenses, financial fraud, or other conduct that threatens property or safety. Arrests count only if they led to a conviction or a charge that's still pending.13

Utah

Clearing your record is one of your strongest tools here. After an expungement, you can generally answer questions as though the case didn't happen.15

Public housing and Section 8 (all states)

Only two lifetime bans for criminal history: lifetime sex offender registration and a meth production conviction on federally assisted property. Other denials depend on the agency's own lookback period and your evidence.4 1 3

Leaving federal prison

Residential reentry centers give a supervised place to live for up to 12 months before release, with job counseling and placement help.14

Stuck on a step? You don't have to do this alone.

Call or text, and we'll help you find the right office and what to bring. Someone on our team can step in whenever youwhat to bring, with a real person on our team whenever you need one.apos;d like. Or become a RISING MEMBER: a mentor who's been there helps you build a plan, step by step. You do the work; we walk with you.

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Questions people ask

Can I get Section 8 or public housing with a felony?

Often, yes. HUD rules permanently bar only two groups: people subject to lifetime sex offender registration and people convicted of making meth on federally assisted property. Other records are up to each housing agency, which sets its own lookback period.

Can a landlord deny me because of an arrest?

It depends on where you live. California landlords can't consider arrests that didn't lead to a conviction, and Oregon landlords can consider an arrest only if it led to a conviction or a pending charge. HUD withdrew its 2015 notice on arrest records in September 2025, so ask about your state and local rules.

What should I do if I'm turned down?

Ask for the reason in writing and for a copy of the record used. In public housing and Section 8, ask for an informal hearing or review, and bring letters from your parole officer, landlords, employers and treatment programs.

Can I live with my family in public housing?

Possibly. Unless one of the mandatory bans applies to you, the housing agency decides, and it can weigh how long ago the offense was and the evidence of rehabilitation. If the agency won't admit one person, it may still admit the rest of the family without them.

Does HUD still protect people with records?

The rules in the regulations still apply, including your right to see and dispute the record and to ask for a review. But in November 2025 HUD withdrew its 2016 fair housing guidance on criminal records and encouraged stricter screening, so state and local protections matter more now.

Keep going: more first-step guides

Sources

Official pages, read in October 2026. Rules change. If something here looks out of date, please let us know at hello@riseaid.org and we'll fix it.

1.Code of Federal Regulations, 24 CFR 960.204. Public housing: denial of admission for criminal activity or drug abuse
2.Code of Federal Regulations, 24 CFR 982.553. Housing Choice Voucher (Section 8): denial and termination for criminal activity
3.Code of Federal Regulations, 24 CFR 5.855. When admission may be denied for criminal activity
4.Code of Federal Regulations, 24 CFR 5.856. Mandatory denial for lifetime sex offender registration
5.Code of Federal Regulations, 24 CFR 5.852. Discretion in screening and eviction
6.Code of Federal Regulations, 24 CFR 960.203. Public housing tenant selection standards
7.Code of Federal Regulations, 24 CFR 982.554. Section 8: informal review for applicants
8.Code of Federal Regulations, 24 CFR 960.208. Public housing: notice to applicants and informal hearing
9.U.S. Department of Housing and Urban Development (September 2025). Notice PIH 2025-26 / H 2025-05: Rescission of guidance on the use of arrest records
10.U.S. Department of Housing and Urban Development (November 2025; copy posted by Nan McKay and Associates). Secretary's letter on criminal screening responsibilities of PHAs and owners
11.National Low Income Housing Coalition (2025). HUD Secretary Turner issues letter encouraging PHAs to adopt more restrictive screening
12.California Civil Rights Department (2022). Fair housing and criminal history fact sheet
13.Oregon Revised Statutes. ORS 90.303: Evaluation of applicant
14.Federal Bureau of Prisons. Residential Reentry Management Centers
15.Utah Bureau of Criminal Identification. Expungements FAQ
16.USA.gov. Find a lawyer for affordable legal aid