Can a victimless felon get an Amateur Radio Licence?

[subwoof]

Today this news blurb from arrl.org caught my eye. I saw some pervert sex offender (felon) got his radio licensed take away from him. And on and on the article continued... FCC Reverses ALJ

Im 26 years old. I am a convicted felon. When i was 21 i was convicted under some drug charge. It was my only offense ever. I have been turned down for so many things in life, i rarely pursue anything let alone have the opportunity to do so!
I have been studying radio theory and solid state physics for some time now, as they are really interesting to me. I would love to be able to push the limit and learn and to be as productive as possible within my boundaries to do so. But here i am, again, hit with the big question that seems to come up where ever i am in life, except outside of the US. And that is, is it possible for a convicted felon to get his Amateur Radio Licence?

 

[n6hcm]

https://apps.fcc.gov/edocs_public/attachmatch/DA-07-377A1.pdf

see paragraph 4 ... the wording there suggests that a felony conviction raises questions about a potential licensee's character. that's not an instant disqualification, but it certainly raises the bar.

The Communications Act of 1934 (as amended) §308 (b) mentions "All applications for station licenses, or modifications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and financial, technical, and other qualifications of the applicant to operate the station ... " and this is where you run into trouble.

i don't believe that the FCC checks applicants against databases of known felons. I think that "concerned citizens" report felon licensees to the FCC for action. this is aided by the fact that the database of licensees and the database of registered sex offenders are both available to the public. other conviction records are usually in the public record but aren't as easy to get to ... and amateur radio has a particular interest in and connection to youth, so "concerned citizens" have an interest in tracking down these people.

it is my guess that you could probably successfully earn an amateur radio license. i am, however, neither a lawyer nor an expert in the minutiae of amateur radio regulations, so ymmv.

also, you might want to investigate whether the jurisdiction that convicted you rehabilitates felons. some won't, but many will. see this article in the los angeles times for an idea of what i'm talking about. this sort of thing could solve many of the problems that your conviction has imposed on you.

of course, your mileage may vary.

good luck.

 

[rapidcharger]

I am aware of two convicted felons who are hams.
At least two.

One of which is still getting into trouble.

 

[k1agh]

Did you ever think of getting a govenors pardon in your state?

 

[KW4HKY]

Take the tech test and see. If you can't pass it you might need another hobby. Good luck.

 

[K2MFW]

There seems to be a lot of wording that specifies "Felonies". New Jersey doesn't have felonies. No such animal. For those questions regarding NJ felonies, there are none, thus not convicted as a "felon". But, those questions involving crimes, moral turpitude etc..that's a different story.

 

[mikepdx]

Can a victimless felon get an Amateur Radio Licence?

Sure.
I wouldn't worry about it unless you have a lot of enemies.
I don't recall being asked if
I were a convicted anything when I took the test.

I have a good friend who was unjustly stuck with
a felony marijuana conviction at age 19.

He told me the felony drove him to earn a Ph.D.
He then went on to create a successful business employing several.
If all else fails, work for yourself.
None of my friend's clients asks him whether he's a felon or not.

 

[iamhere300]

There seems to be a lot of wording that specifies "Felonies". New Jersey doesn't have felonies. No such animal. For those questions regarding NJ felonies, there are none, thus not convicted as a "felon". But, those questions involving crimes, moral turpitude etc..that's a different story.

Yeah, sort of. While NJ does call their felonies indictable offenses, they by defination are felonies in the eyes of the federal government, or any other state in the union.

 

[subwoof]

Sure.
I wouldn't worry about it unless you have a lot of enemies.
I don't recall being asked if
I were a convicted anything when I took the test.

I have a good friend who was unjustly stuck with
a felony marijuana conviction at age 19.

He told me the felony drove him to earn a Ph.D.
He then went on to create a successful business employing several.
If all else fails, work for yourself.
None of my friend's clients asks him whether he's a felon or not.

Thats pretty much me brother. Though i dont have my Ph.D just yet. Heh. Well thanks guys, ill keep on studying and learning.

 

[MTS2000des]

Go for your ticket. You have my full support. I see no reason why any criminal conviction should be grounds to NOT issue a license unless one has a conviction for say, communications hacking or some type of other FCC or state crime conviction for unauthorized radio use (e.g. illegal CB operations, interference with public safety, etc).

FWIW, amateur radio is a GREAT community of people from many backgrounds. It is not one's past that defines one's future. It is all about choices. EVERYONE has some kind of skeleton in their closet. Some may have been caught and convicted, some folks crimes may never have been adjudicated. One thing is for sure, NO ONE is perfect. Show me someone who says they have NEVER done anything illegal and I will show you a bold faced LIAR.

Disenfranchising people is proving to be a huge burden and pointless. Past behavior is not always indicative of future behavior. I am glad to see many states making it unlawful to automatically disqualify job applicants based on their arrest/conviction history for non-security sensitive jobs. Let someone get a second chance.

After all, there are people who have paid for their crimes, some who have not been caught, and some who have yet to pay for their crimes. Felons or not. This should not be an automatic disqualification for a ham ticket.

For the record, I STRONGLY disagree with the commission overruling the ALJ in the aforementioned decision. The FCC is broken and everyday their actions prove this.

 

[teufler]

I think with states attitudes on drugs, what was a viuolation is not necessarily so now. I thin k if you take and pass atest, its for therFCC to accept or turn you down and I really doubt they will do anything. There is a guy here in the county that has been incarcerated 3 times for Child Porn, federal prison, one time for "reeduacation" and another time for breaking his probation and the FCC could care less. He is still an extra. So a drug conviction I feel is way down the list for being a bad character. I say go for it and good luck.

 

[MTS2000des]

There is a guy here in the county that has been incarcerated 3 times for Child Porn, federal prison, one time for "reeduacation" and another time for breaking his probation and the FCC could care less. He is still an extra. So a drug conviction I feel is way down the list for being a bad character. I say go for it and good luck.

It's all in what one does with their privileges too. I know of a ham who has personally harassed me and many other hams who has been convicted in the same county for stalking a fellow ham- granted this happened 10 years ago, but he is a notorious lid who despite his recent (just got off probation) for his stalking, he had prior convictions for other offenses and served time in prison, yet the FCC has allowed him to renew.

If you don't run afoul of FCC regulations or misuse your privileges, one's criminal history, credit history, employment history, or anything else should really matter as far as the FCC is concerned.

 

[teufler]

Back when Hollingswoth was at the enforcement section, character was a big deal. These were like conduct unbecoming violations. The kiss of death. FCC is only interested in making money of vilations I feel. But the reputation of members in trhe hobby have got something to do how we as members are protrayed. Some of the organizations we support now are doing background checks and some are being weeded out. Not out of hobby but out of their volunteer pool. Now credit checks that some organizations did bothered me. No criminal violations, just credit checks. Hams were not appling for a loan. I feel sexual Perversion violations are over the top, and licenses should be pulled..

 

[MTS2000des]

Back when Hollingswoth was at the enforcement section, character was a big deal. These were like conduct unbecoming violations.

And while Hollingsworth did quite a bit to take out the trash, one could also argue that character is subjective. Just because someone isn't liked does not mean they should be denied privileges because someone isn't popular. If they follow the rules, so be it. Use your VFO accordingly.

FCC is only interested in making money of violations I feel.

I don't disagree with that. They, like many law enforcement agencies, will go after what is the least path of resistance, and has the greatest impact.

But the reputation of members in trhe hobby have got something to do how we as members are protrayed. .

Again, this is subjective. Time are changing. Anyone can become a criminal. Past behavior isn't always indicative of future behavior. Turn on the news. Everyday, "upstanding citizens" with no criminal history are being popped for child porn, molesting children, stealing from their employers, etc.

One should be judged on their merits and what they bring to the table. This hobby is no different.

Some of the organizations we support now are doing background checks and some are being weeded out. Not out of hobby but out of their volunteer pool.

No problem there. Amateur radio isn't here to be a sole source for volunteer organizations. Organizations, both public and private, are free to have whatever qualifications they feel necessary to conduct their missions. They are free to include or exclude as they feel. None of this should impact one's ability to obtain an amateur radio license, or renew an existing one, if they have not violated any FCC rules, nor been convicted of any crime involving the criminal use of radio communications, in my opinion.

Now credit checks that some organizations did bothered me. No criminal violations, just credit checks. Hams were not appling for a loan.

I don't disagree with you totally, but private organizations can ASK for whatever they wish as a requirement. Doesn't mean they will get it. If you don't want to submit to their requirements, than don't volunteer with them. If the organization is too far reaching, the "volunteer market" will force them to loosen their requirements if they want to fill the slots badly enough.

I feel sexual Perversion violations are over the top, and licenses should be pulled..

I disagree. Blanket license pulling is a slippery slope. The basic problem is that many states lump all sexual offenses together. Every case is unique. For example in Georgia, a young man at 17 years old was convicted for having consensual sex with a 15 year old. He got convicted and got a 10 year prison sentence. No prior criminal history and not a violent offense. He did something that 99 percent of young men do in high school. He got a conviction for aggravated child molestation, which places him on the registry as a "sexual predator".

Wilson v. State of Georgia - Wikipedia, the free encyclopedia

His case made history as showing how ridiculous and arcane some of our states laws are. Did this young man do a "bad thing"? Depends on who you ask. Do I think he is a "sexual predator" and deserved a 10 year prison sentence and being branded for life? HELL NO.

He is not the same as someone who is 40 years old and gets on the Internet and entices young middle school aged boys like you see on "To Catch a Predator". Yet until recently, in my state, the two would be punished the same.

Outright disenfranchising people is not the answer. If someone IS indeed THAT MUCH of a threat to society that you wouldn't even trust to be a ham, than maybe they shouldn't be released from prison?

That's the answer right, make everything a felony and build even more prisons. :roll:

Nevermind the fact that amateur radio can be a PRODUCTIVE and CONSTRUCTIVE hobby that might give someone a chance at correcting their past behaviors.

I say give them a chance and unless they screw up or misuse their privileges, then they are welcome.

It's not like they can use AES-256 encryption on the ham bands and pass secret messages to the few young people that are on the air. Everything on the air is out in the open for the public to hear.

 

[teufler]

well they could pass traffic in cw, for most of the hams, thats almost AES-256 because it will be greek to them. All that been discussed, it shows its a complicated issue and no one answer is right. I remember when I was in high school and dating and went to KC, and cropssed the state line, which is easy to do in KC , was worried about the Man Act. Just a worry.