Criminal Backgrounds

The following are general guidelines used by a number of 2nd chance apartments.

Note: There around 90 or so apartments in our 2nd Chance Apartment Listings Guide that accept criminal backgrounds and are case-by-case which means they are willing to evaluate your situation and overall application instead of automatically denying you.

Misdemeanors:

The "3-5 Year" Window - For most 2nd-chance rentals, if a misdemeanor is not violent, sexual, or related to drug distribution, it is typically ignored once it is more than 3 to 5 years old. However, some apartments may have 'look-back' periods of 2 years.

The following issues are typically not accepted:
Apartments generally categorize "unacceptable" misdemeanors in these five areas:

Violent or Threatening Behavior - Any conviction involving physical harm or the threat of it is often an automatic denial if it occurred within the last 2 to 5 years.
- Domestic Violence: Landlords are particularly wary of "household" violence that could occur on-site.
- Stalking or Harassment: These suggest a potential for disturbing other tenants.
- Simple Assault or Battery: Even if categorized as a misdemeanor, these are viewed as high-risk for community safety.
Property Crimes - If a crime suggests you might damage the apartment or steal from neighbors, it is a major red flag.
- Vandalism or Criminal Mischief: Directly indicates a risk of property damage.
- Theft, Shoplifting, or Petty Larceny: While "petty," these go to the applicant's perceived reliability and respect for others' property.
- Arson: This is almost always a permanent "hard fail," even at the misdemeanor level, due to the extreme risk to the building.
Drug-Related Crimes (Distribution/Manufacturing) - While simple possession is often forgiven, crimes involving the sale or manufacturing of drugs are strictly screened.
- Distribution/Intent to Sell: Most managed properties have a zero-tolerance policy for drug dealing on the premises and fear it could occur on their property.
- Manufacturing: Specifically, anything related to methamphetamine production is a federal "hard fail" for many housing types.
Crimes Involving Dishonesty (Fraud) - Landlords want to know they can trust your word and your payments.
- Writing Bad Checks: Suggests a high risk of future rent defaults.
- Fraud or Deception: Makes it difficult for a landlord to trust your income or identity verification.
Public Peace & Safety
- Reckless Endangerment (e.g., severe DUIs): Can lead to denials if the landlord believes the behavior demonstrates a disregard for safety.
- Weapons Charges: Crimes involving unlawful carrying of a weapon, carrying in a restricted location, reckless use of a firearm, etc.
- Sex Offenses: Any misdemeanor that requires registration on a sex offender database is usually a permanent disqualifier.

Felonies:

Pro Tip: The "Individualized Assessment" Rule
Under HUD guidance, a landlord should not deny you for a felony that is old (typically 7+ years) or non-violent (like a 10-year-old DUI or fraud) without a valid safety reason.

The following issues are typically not accepted:
Apartments generally categorize "unacceptable" felonies in these four areas:

Federally Mandated "Hard Fails" - For any property receiving federal funding (HUD/Section 8), these two convictions are permanent, non-negotiable disqualifiers:
- Manufacturing Methamphetamine: Specifically, if the conviction occurred on the premises of federally assisted housing.
- Lifetime Sex Offender Registration: Any crime requiring lifetime registration under a state's sex offender program.
Violent Crimes Against Persons - Felonies involving physical harm or high potential for violence are the most common reasons for denial in the private market:
- Homicide:: Murder or manslaughter.
- Sexual Assault: Sex crimes - especially involving minors or those requiring registry.
- Aggravated Assault/Battery: Crimes involving a weapon or resulting in serious bodily injury.
- Robbery: Due to the combined threat of violence and theft.
Property-Based Felonies - Landlords view these as direct threats to their financial investment and the physical building:
- Arson: Nearly always a permanent disqualifier due to the extreme danger to life and property.
- Burglary: Indicates a risk to the security of other tenants' homes.
- Extensive Vandalism: Major destruction of property.
Drug Manufacturing and Distribution While many 2nd-chance properties are becoming lenient on simple possession, they remain strict on the "business" of drugs:
- Possession with Intent to Distribute: Viewed as a risk for bringing criminal activity and "unwanted traffic" to the community.
- Drug Manufacturing: The chemical risks associated with "labs" make these high-liability risks for landlords.
- Sex Offenses: Any crime that requires registration on a sex offender database is usually a permanent disqualifier.

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