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The Impact of an Arrest Record on an 8(a) Applicant

Any individual who has an arrest record must indicate this on their SBA Form 912 within the 8(a) Application. The impact of an arrest record can be a denial of the participants 8(a) Application or a delay in its processing. An arrest record does not mean you will be denied entry into the program you must clearly show that you have reformed and met all your legal requirements.

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

If the individual has an arrest record, is not on parole, probation or has not been convicted of a major crime the SBA will freeze the 90 day 8(a) application processing clock. A copy of the individuals SBA Form 912 and completed fingerprint card is subsequently forwarded to the FBI for review. A delay in the processing and determination in the amount of 3-6 months is not out the question when there is an arrest indicated within an 8(a) Application.

The individual who has identified an arrest record must:

  1. Submit a completed SBA specific FD-258 Fingerprint Card. An SBA specific FD-258 may be obtained from your local SBA district office. The card provided cannot have any holes, staples, additional marking or any alterations and must be completed in black ink. It is the responsibility of the individual to go to local law enforcement agencies to obtain legible fingerprints.

  2. Provide details of the arrest (i.e., fines paid, jail time, probation served)

  3. Include copies of all court disposition paper

Next…Some Advice on Organizing and Managing Your 8(a) Application

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