Navigating life after a felony conviction can be incredibly challenging, especially when it comes to securing and maintaining a stable career. If you’re thinking about getting a Commercial Driver’s License (CDL) in Texas, whether to start a new career or continue one you’ve already begun, you might be curious about the process and requirements involved, especially for those with criminal histories.
Can you get a CDL with a felony? The good news is that having a felony does not automatically disqualify you from getting a CDL in Texas, but there are specific conditions and regulations that you need to be aware of.
In this article, we will explore the eligibility requirements and any potential limitations you might face. Our goal is to provide you with clear and comprehensive information to help you understand your options and navigate this important step toward rebuilding your future.
What felonies disqualify you from getting a CDL in Texas?
When it comes to obtaining a CDL in Texas, the nature of your felony conviction can significantly impact your eligibility. Disqualifications can vary widely, ranging from temporary suspensions lasting a certain number of years to lifetime bans.
The severity and type of felony you have committed play a crucial role in determining the length and conditions of your disqualification period.
So, can a felon in Texas get a CDL? Below are listed the types of misdemeanor and felony convictions that can affect your ability to obtain a CDL, as well as the corresponding disqualification periods associated with each.
- DWI: A conviction for driving while intoxicated (DWI) can result in disqualification from obtaining a CDL. The length of these suspensions can vary based on several factors, including whether it was your first offense and if it involved a commercial vehicle. (Learn more about the relationship between DWIs and CDL in Texas and why you need the best DWI lawyer in San Antonio and Laredo if you’re facing DWI charges in Texas.)
- Drug offenses: Any conviction for a drug-related offense, including drug trafficking or distribution of controlled substances, can result in lifetime disqualification from obtaining a CDL. The length of this disqualification will depend on the type and severity of the offense, as well as how long ago it occurred.
- Human smuggling: A conviction for a felony involving human trafficking or human smuggling is another serious offense that will result in lifetime disqualification. Given the grave nature of such crimes, the penalties are severe and permanent.
- Felony involving a commercial motor vehicle (CMV): If you are convicted of any felony involving a CMV or you used a CMV to commit a felony, you may be permanently disqualified from obtaining a CDL.
- Other felonies: In addition to the categories mentioned above, other felonies that could disqualify you from getting a CDL include: manslaughter with a motor vehicle, assault with a motor vehicle, and negligent homicide involving a motor vehicle.
If your felony conviction fits into any of these categories, it is highly unlikely that you will be eligible for a CDL in Texas.
How long does it take to reinstate a suspended CDL?
While there are many crimes which will get you disqualified for life from holding a CDL, there are also many that necessitate a disqualification period before reinstatement is possible. Below is a chart of common disqualifications according to Texas Transportation Code 522.081:
| Conviction | Disqualification Period |
| Alcohol, leaving the scene of an accident, or commission of a felony | At least one year for first offense; lifetime for a second offense |
| Alcohol, leaving the scene of an accident, or commission of a felony while operating a vehicle carrying hazardous materials | At least three years for first offense; lifetime for second offense |
| Two serious traffic offenses within three years | 60 days |
| Three serious traffic offenses within three years | 120 days |
| Railroad-highway grade crossing violations | 60 days for first offense; 120 days for second offense within 3 years; at least 1 year for third offense within 3 years |
| Using a commercial motor vehicle in the commission of a felony | Lifetime |
While there are steps you can take to improve your chances of obtaining a CDL after being convicted of a felony, your best bet would be to hire the best Texas/Laredo criminal defense lawyer you can find and fight to avoid being convicted of a felony in the first place.
How hard is it to get your CDL if you are a felon?
Now that we’ve addressed what disqualifies you from a CDL in Texas, let’s discuss what you can do to increase your chances of obtaining a CDL if you have been convicted of a felony and are now able to apply for your CDL.
Steps for obtaining a CDL with a felony
- Attend a certified CDL training program: Completing a certified commercial driver’s license training program can significantly increase your chances of obtaining a CDL, even with a felony on your record. These programs provide hands-on experience and help you prepare for both the written knowledge test and the skills test.
- Obtain an expungement: If possible, try to obtain an expungement for your felony arrest. This will show employers that you have taken steps to rectify your past mistakes and are committed to moving forward.
- Gain employment experience: Many trucking companies have strict hiring policies when it comes to felons, but some may be more lenient if you can show that you have gained relevant work experience after your conviction. Consider working in a related field such as delivery or logistics to gain valuable experience and improve your chances of being hired by a trucking company.
- Be honest and transparent: When applying for a CDL and jobs in the trucking industry, always be honest about your criminal background. It is better to address any concerns upfront rather than risk being caught in a lie later on. Be transparent about your past and emphasize the steps you have taken to turn your life around.
- Be persistent: Don’t get discouraged if you face rejection or setbacks along the way. Keep applying and continue working towards meeting the qualifications and requirements for a CDL. Your determination and perseverance will be noticed by potential employers.
What are the requirements to get a CDL in Texas?
To obtain a CDL in Texas, you must meet certain eligibility criteria set by the state’s Department of Public Safety (DPS). These requirements include:
- Age: You must be at least 18 years old to apply for a CDL and 21 years old to operate a commercial vehicle across state lines or carry hazardous materials.
- Residency: You must be a legal resident of Texas and have proof of residency.
- Driving Record: Your driving record will be thoroughly checked, and any previous violations or suspensions may impact your eligibility.
- Medical certification: As a commercial driver, you must pass a medical examination and obtain a Medical Examiner’s Certificate (MEC) to ensure that you are physically capable of operating a vehicle safely.
- Knowledge and Skills Tests: You must pass both a written knowledge test and a skills test to demonstrate your understanding of traffic laws, safe driving practices, and your ability to operate a commercial vehicle.
Understanding these requirements and disqualifications is crucial, as the Federal Carrier Safety Administration (FMCSA) and the Department of Transportation have specific regulations that govern commercial driving licenses. Familiarize yourself with these guidelines to ensure you meet all necessary criteria.
Continue reading about how to get a CDL back after suspension
Fight to avoid a felony conviction with the help of a skilled defense attorney.
Can you get a CDL with a felony? Yes, but not always. The Federal Motor Carrier Safety Administration (FMCSA) imposes strict guidelines for granting a CDL to individuals with felony convictions. The type of felony and its recency can play a crucial role in whether or not you’re looking at a suspension period or a lifetime disqualification.
Your best bet? Avoid being convicted in the first place. If you’re a CDL driver and are facing charges that could land you a felony conviction, you need to call Guzman Law Firm immediately.
Javier Guzman, founding attorney of Guzman Law Firm, is a skilled defense attorney who can fight on your behalf to dismiss or reduce the charges, potentially preventing the negative impact on your CDL application.
Don’t let a felony conviction ruin your career as a commercial truck driver. Call Guzman Law Firm today at (956) 516-7198 or contact us online to protect your CDL and start fighting for your future.
More Helpful Articles by Guzman Law Firm:
- How to Get a Drug Trafficking Charge Dismissed
- What are the Elements of Conspiracy to Distribute Charges?
- What Truck Drivers Need to Know About Illegal Search and Seizure
- How Do I Get an Alien Smuggling Waiver?
- What to Expect When Facing Human Smuggling Charges as a Truck Driver
