Convicted felon and FCC license

[KEG1975]

A few years ago, I was doing FCC licensing for my employer. We had a customer get denied a license as he was a convicted felon.

Does this also hold true for HAM radio?? I know of two, both incarcerated for felonies who both renewed their license while in prison.

Any insight???

I am a convicted Felon I did 20 years in prison I got out in 2017 was locked up in 1997 so as for me it's been really hard for me to get anything, I know I have done wrong, and paid the price for it and learned my lesson, but why do people keep holding me down, me as an amateur ham radio user this type of practice makes me turn away from trying to get my license, and just be a pirate radio person or be in the shadows and not tell I am a felon to people or been to prison, see I was with someone who committed the crime of murder and I did not know this person was going to do an act like that, and because of the laws in place because I was there I was just as guilty, because I witnessed such an event I have PTSD and severe Anxiety I can't even go into my local Dollar General or the Walmart here in town, I stay in my bedroom and don't go anywhere or do anything I am so f'ed up for real, I have nightmares every night because of what I have seen, no I am not trying to get pitty or sympathy here at all I am just letting you know my experiences here and how tough it is for a person with a felony, and why the recidivism rate is high and why most felon go back to prison because there's no programs in place and the laws in place make impossible to do anything such as a simple licence for a ham radio, I don't even have any friends I can talk to or anything like that even my social life is f'ed up, yes I have contiplated suicide several times, but that little spark of hope keeps me alive hoping some day a person without judgement will accept me for who I am and my short comings.

 

[prcguy]

This is just a question and I'm not condemning you, your situation or anything you have done in the past. My question is, knowing the things you know and have experienced, would you be comfortable allowing another person with the exact same things going on getting an amateur license and mingling with others including children on the radio or at radio gatherings?

I am a convicted Felon I did 20 years in prison I got out in 2017 was locked up in 1997 so as for me it's been really hard for me to get anything, I know I have done wrong, and paid the price for it and learned my lesson, but why do people keep holding me down, me as an amateur ham radio user this type of practice makes me turn away from trying to get my license, and just be a pirate radio person or be in the shadows and not tell I am a felon to people or been to prison, see I was with someone who committed the crime of murder and I did not know this person was going to do an act like that, and because of the laws in place because I was there I was just as guilty, because I witnessed such an event I have PTSD and severe Anxiety I can't even go into my local Dollar General or the Walmart here in town, I stay in my bedroom and don't go anywhere or do anything I am so f'ed up for real, I have nightmares every night because of what I have seen, no I am not trying to get pitty or sympathy here at all I am just letting you know my experiences here and how tough it is for a person with a felony, and why the recidivism rate is high and why most felon go back to prison because there's no programs in place and the laws in place make impossible to do anything such as a simple licence for a ham radio, I don't even have any friends I can talk to or anything like that even my social life is f'ed up, yes I have contiplated suicide several times, but that little spark of hope keeps me alive hoping some day a person without judgement will accept me for who I am and my short comings.

 

[MTS2000des]

Every crime has circumstances. Every crime has victims, witnesses, offenders, and those that assist/cover for them. At the end of the day, the way I see it, if a crime did not involve amateur radio to contact victims, aid in the commission of said offense, one's criminal history should not be an automatic prohibition, and the way the current "felony question" on the form 605 is there to explain one's history and provide documentation of such.

I only see a limited set of circumstances where the FCC should automatically disqualify a renewal application, or new application- and that is where one's criminal history contains convictions for crimes such as stalking, harassment or electronic eavesdropping. Or if one was convicted of such crimes involving other amateurs. I know of such a case where a licensee was convicted of stalking and it will be interesting to observe if this licensee answers such question honestly upon renewal application (the felony question was added recently) and if they provide the documentation explaining how they committed their offense(s) against another amateur and how they should be granted a renewal.

At the end of the day, any kind of license is a privilege and thus the grantor can modify and amend privileges within the scope of lawful authority as they see fit. I wish you well and believe in second chances for all but a very few offenders or those who continue to repeat the same behaviors, as such repeated offenses aren't mistakes but choices, and choices should not come without consequences.

 

[KEG1975]

This is just a question and I'm not condemning you, your situation, or anything you have done in the past. My question is, knowing the things you know and have experienced, would you be comfortable allowing another person with the exact same things going on to get an amateur license and mingling with others including children on the radio or at radio gatherings?

It depends on the topic and the mood of the people, I don't want to relive what happened to me because I relive it every day in my head, I know it may help me in some aspect to get it out and to educate people on the experiences I have had but I am F'ed up sometimes I can't even think straight, I take a lot of meds to help me so sometimes I am in bed most of the day because of the meds, But sure I will be receptive to doing something like that, as far as children go they must be at least 16 years old or older because I do not want any FLAC from parents if I spit out some graphic detail or something if a question is asked about what happened to me.

 

[Omega-TI]

Every conviction has different causes, motivations and recidivism rates. Painting everyone with the same brush may be problematic, but in these times, can one really blame people for being cautious? From what I've read drug related felonies have the highest recidivism rates among all offenders, so I don't know if that is skewing the percentages or not, but again, so what, better safe than sorry. Also from what I understand there are three different "levels" of offenders, ones, twos and threes, even so, it's my understanding that felons, regardless of "level" cannot join ARES/RACES with a felony which is probably a good thing as they often team up with the Red Cross for disaster relief and could be posted in places like shelters where there are kids. But simply denying a someone a license out of hand might be too extreme.

 

[AK9R]

...and the way the current "felony question" on the form 605 is there to explain one's history and provide documentation of such.

And, that's the way to approach it. I'm not sure our opinions matter. What matters is to take the test, apply to the FCC, answer the felony question on the Form 605 truthfully, and provide information to the FCC. They will decide.

...as far as children go they must be at least 16 years old or older because I do not want any FLAC from parents if I spit out some graphic detail or something if a question is asked about what happened to me.

Unfortunately, you don't get to choose who might be listening to an on-air conversation that you might be engaged in. I know of situations where parents of Boy Scouts have chosen to not let their children get involved in amateur radio because of on-air conversations that they inadvertently heard.

...it's my understanding that felons, regardless of "level" cannot join ARES/RACES with a felony...

There is no blanket prohibition on felons in ARES or RACES. In my experience, most RACES volunteers are subject to background checks and evidence of past criminal history may result in the application being rejected. But, RACES application requirements are determined by the EMA director that the RACES team serves, so there's no one-size-fits-all answer. As for ARES, there is no criminal background question on the standard ARES application form. Local ARES teams may have their own requirements.

 

[KEG1975]

Every conviction has different causes, motivations, and recidivism rates. Painting everyone with the same brush may be problematic, but in these times, can one really blame people for being cautious? From what I've read drug-related felonies have the highest recidivism rates among all offenders, so I don't know if that is skewing the percentages or not, but again, so what, better safe than sorry. Also from what I understand there are three different "levels" of offenders, ones, twos, and threes, even so, it's my understanding that felons, regardless of "level" cannot join ARES/RACES with a felony which is probably a good thing as they often team up with the Red Cross for disaster relief and could be posted in places like shelters where there are kids. But simply denying someone a license out of hand might be too extreme.

Ok so your saying and not to be offensive here to you but a person like me who was not a participant in the crime at all but got swept up and had to do time, shouldn't be involved with helping the Red Cross and disaster relief in helping out others in time of need, so just because I was in for murder your mindset says and there mindset says I would kill a kid or another person, get real I am not some psycho serial killer or would do such a thing just out of wanting to do it like I have some urge in me, or me getting mad and just because I got mad would kill someone, man give me a break see it's people with that mind set to hold a person like me down who was at the wrong place at the wrong time with the wrong individual can't get ahead in life, man I am just about homeless and I don't deserve this type of treatment just because I was just there didn't even know it was going to happen the way it did, it not like the person I was with asked how he should do it none of that took place, so just because with the mind-set you all have I am bout to be homeless on the street because I can't receive any type of help or job because of my conviction, and that is the reason why people go back to prison because of that mind-set, yeah it's ok to be cautious but not to a point where you keep a person in the gutter like some piece of trash, these post about to piss me off and make me say some hurtful stuff to people, things they don't want hear about them selves, see I am very intuitive and know how to read people very good and just about know how they truly are with there body language, don't forget I spent 20 years confined so I had to learn to read body language so not to end up being stabbed to death or jumped on and beat to death by gang members while in there, so I would almost consider my self an expert on reading people, and I can tell what type of person you are just by the post you post and how you word it and the context of the wording and the nature of it, see just a pro tip here, see when you post a comment you have to think what your putting down or what your going to type about and it covey's the emotion of that person too the way they put it in to context into what they are trying to get a cross to the reader, so just remember that, just because I been to prison does not mean I am some low IQ person or I don't have an education. Have a wonderful day and hope you have many blessing in life and hope life is beautiful for you and you have all the needs in life.

 

[KK4JUG]

I'm not gonna make any kind of judgement on the OP's eligibility or lack thereof of a ham license. But....

Most murderers are one time offenders. The death is a spur-of-the-moment thing.* On the other hand, burglars, drug dealers and most armed robbers make their living committing those crimes. In the slammer, murderers don't discuss techniques or ways to avoid detection. The others do. The recidivism rate for murderers is considerably less than for other offenses

*That trend may be reversing itself in recent history, however.

 

[prcguy]

Thanks for your candid response and I will still take the stand that many felons should not have access to an amateur license. The felony and its details should be reviewed by the FCC and they should make the decision.

Hope you get to a better place soon and can get off the meds, sometimes those can derail your recovery.

It depends on the topic and the mood of the people, I don't want to relive what happened to me because I relive it every day in my head, I know it may help me in some aspect to get it out and to educate people on the experiences I have had but I am F'ed up sometimes I can't even think straight, I take a lot of meds to help me so sometimes I am in bed most of the day because of the meds, But sure I will be receptive to doing something like that, as far as children go they must be at least 16 years old or older because I do not want any FLAC from parents if I spit out some graphic detail or something if a question is asked about what happened to me.

 

[KEG1975]

Well That's ok then sure I would still be receptive to doing something like that, I just don't want some angry parent breathing down my neck because they heard some graphic detail of something, but of course, there is the news and the news shows some graphic stuff at times but it's ok if that let their kid watch it but to hear something graphic on a Ham radio is a no no ok whatever floats the boat as I say, and then there's Tic Tok and Snap Chat oh no that's not graphic at all LOL Boy can people be hypocrites but don't mind me and how I point out inconsistencies in the way people think and what they say and do, see I am different I am blunt and to the point and point it out but if that is too much for you then, I suggest you get a person who is more Docile because I am not I have no filter

 

[Omega-TI]

Ok so your saying and not to be offensive here to you but a person like me who was not a participant in the crime at all but got swept up and had to do time, shouldn't be involved with helping the Red Cross and disaster relief in helping out others in time of need, so just because I was in for murder your mindset says and there mindset says I would kill a kid or another person, get real I am not some psycho serial killer or would do such a thing just out of wanting to do it like I have some urge in me, or me getting mad and just because I got mad would kill someone, man give me a break see it's people with that mindset to hold a person like me down who was at the wrong place at the wrong time with the wrong individual can't get ahead in life...

Actually, I was specifically referring to S.O's. From what I read, some have very low levels of re-offending, (ones), others may have issues that could lead to re-offending (twos) and (threes), those who are not to be trusted ever again, period. Like I said, every conviction has different circumstances and should not be painted with a wide brush, but for that class of offender, trust is hard to engender when they've already offended.

Now all that being said, how much time, effort and taxpayers dollars should the FCC invest in being an arbiter of who is or is not worthy... for a hobby?

** EDIT **

Now I'm man enough to admit when I'm wrong, so I did some research and << found this article >>, so now I'll say, let then have a license, but I'd still not let them take part in emergency services.

 

[prcguy]

In my opinion, if someone applies for an amateur license and discloses a felony and the FCC investigates and issues a license, that person should not be withheld from any amateur related activities including emergency services, etc. A lot of people have spent time in prison for things like smoking marijuana and that is now legal in many states. Some people have screwed up on their taxes or have stored toxic materials improperly or have been in a terrible car accident causing a death and have ended up with a felony conviction.

On the other hand, I have no clue how I've avoided jail all this time and I have all kinds of FCC and NTIA licenses.

Actually, I was specifically referring to S.O's. From what I read, some have very low levels of re-offending, (ones), others may have issues that could lead to re-offending (twos) and (threes), those who are not to be trusted ever again, period. Like I said, every conviction has different circumstances and should not be painted with a wide brush, but for that class of offender, trust is hard to engender when they've already offended.

Now all that being said, how much time, effort and taxpayers dollars should the FCC invest in being an arbiter of who is or is not worthy... for a hobby?

** EDIT **

Now I'm man enough to admit when I'm wrong, so I did some research and << found this article >>, so now I'll say, let then have a license, but I'd still not let them take part in emergency services.

 

[GlobalNorth]

The FCC will openly state which, if any felony criminal convictions, would prohibit one from award of an Amateur license. I would reach out to them via email or letter and ask.

 

[Ensnared]

I know of a convicted child molester who has an extra class and the ham club he joined found out and asked him not to attend meetings as its occasionally at a school and the club has kids attending. He used to be on a local HF net until the net controller found out and told him he's not welcome on the net any longer. Should this guy have a ham license, which gives him access to children at various amateur events?

In TDCJ, I used to encounter a noticeable number of pedophiles who were still licensed. I seriously doubt they reported such to the FCC. He showed me his renewal form. He made the mistake of asking me to mail this off; however, prison workers are never ever allowed to do this for offenders. Hence, I reported him to the Warden and he received a disciplinary case which had to funneled through mental health for the case to clear.

 

[KAD1120]

Is it crazy to think that actions have consequences? I'm sorry, but you made a choice in life to live outside societal rules.

 

[MTS2000des]

Look up N4YTR on the FCC ULS. Actively serving time in Georgia since 2003 for multiple felonies including enticing a child for indecent purposes, aggravated child molestation, all of them stem from several incidents where Ferguson was a Boy scout/Explorer leader and used ham radio to contact many of his victims. He (or someone acting on his behalf) submitted a renewal on his behalf and the FCC offlined it for "redlight review" in...2010. Still showing status "ACTIVE" 12 years later, meaning he can legally operate if someone shoved a Baofeng up their butt and got it into prison.
N4YTR FCC ULS license

 

[prcguy]

The FCC is the Government. You can trust the Government and they will always do what's best for us. Who are you to judge them? You just sit and wait, someone from the Government will be right over to interview you about this.

Look up N4YTR on the FCC ULS. Actively serving time in Georgia since 2003 for multiple felonies including enticing a child for indecent purposes, aggravated child molestation, all of them stem from several incidents where Ferguson was a Boy scout/Explorer leader and used ham radio to contact many of his victims. He (or someone acting on his behalf) submitted a renewal on his behalf and the FCC offlined it for "redlight review" in...2010. Still showing status "ACTIVE" 12 years later, meaning he can legally operate if someone shoved a Baofeng up their butt and got it into prison.
N4YTR FCC ULS license

 

[mmckenna]

Is it crazy to think that actions have consequences? I'm sorry, but you made a choice in life to live outside societal rules.

True, but the purpose of incarceration isn't just punishment. It's intended as a time to be used for corrective action and rehabilitation. The idea is that once someone has finished their sentence, they have bettered themselves and be given a chance to redeem themselves. While a felony conviction will follow them forever, they are released with the idea of being a functional member of society, and should have some, if not all, their rights returned (with obvious exceptions for child molestation, etc…).

If a convicted felon finishes their time and is released, they should have the opportunity to prove they can be a functional member of society. Holding them in some permanent limbo doesn't necessarily help.

The FCC is the Government. You can trust the Government and they will always do what's best for us. Who are you to judge them? You just sit and wait, someone from the Government will be right over to interview you about this.

Exactly.
And the government has a pretty good record of locking up and executing innocent people. We shouldn't ever put 100% trust in them.



And, for God's sake, it's a hobby. It's AMATEUR radio. We're not talking about a PHD degree. "Lighten up Francis". Hams need to get off their high horses.

 

[Omega-TI]

It's my understanding that Felons cannot possess a firearm for the rest of their lives, even those people who never used one in the commission of their crime, unless of course they petition the court and are approved. Now that supposedly is a Constitutional that "shall not be infringed", but having a license to participate in a hobby activity has no Constitutional protection. Like the other guy said, consequences.

 

[mmckenna]

Like the other guy said, consequences.

There's nothing to stop a convicted felon from using a CB, MURS or FRS radio, being a DJ at a radio station, working at a radio shop, or selling two way radios. Other than the federally issued, license, there's not much difference between the license by rule radio services and ham radio. There's probably way more kids listening to FRS and CB than there are listening to ham radio.

Having been a ham for many decades now, I'm convinced that some hams think they poop gold bricks.

It's a hobby.