Yes, in most cases. A felony conviction does not by itself stop you getting a CDL: the federal disqualifications in 49 CFR 383.51 are tied to specific driving offenses and to felonies committed using a vehicle. A DUI stops you while your license is suspended and for as long as any disqualification runs, and a DUI after you hold a CDL costs at least a year. The hazmat endorsement is the exception with a real criminal-record test, run by TSA under 49 CFR 1572.103. This page separates what the rules forbid from what employers decide for themselves.
Three different gates
| Gate | Who applies it | What it looks at |
|---|---|---|
| The CDL itself | Your state, under 383.71 and 383.73 | Current suspensions, CDL disqualifications under 383.51, license history in every state for 10 years |
| The H (hazmat) endorsement | TSA, under Part 1572 | Listed felonies, with permanent and 7-year/5-year look-backs |
| The job | The carrier, within Part 391, plus its own hiring policy and its insurer | 3-year driving record, disqualifications under 391.15, and whatever else the carrier chooses to ask |
Most confusion comes from mixing the three. A person can be fully eligible for a CDL, ineligible for an H endorsement, and turned down by some carriers, all for the same conviction.
What the state checks when you apply
- Your own certification. You must certify that you are not subject to any disqualification under 383.51 or any license disqualification under state law, and that you hold only one license (383.71(a)(3), (b)(5)).
- Your driving record. Before issuing a permit or CDL the state checks your current state record, the national CDL system, and the Problem Driver Pointer System to see whether you have been disqualified from driving, had a non-commercial license disqualified for cause in the 3 years before the application, or been convicted of the offenses listed in 49 U.S.C. 30304(a)(3) (383.73(b)(3)).
- Ten years of history. The state requests your complete driving record from every state that licensed you in the previous 10 years (383.73(b)(3)(iv)).
- The Clearinghouse. Since 18 November 2024 the state queries the Drug and Alcohol Clearinghouse and may not issue a permit or CDL to someone it shows as prohibited from driving a CMV (383.73(a)(8)). That concerns DOT drug and alcohol test violations, not criminal convictions; see the Clearinghouse guide.
The license check is about driving records. The federal CDL rules do not require the state to run a general criminal background check for a CDL without an H endorsement.
A DUI on your record
If your license is suspended now
You cannot get a CDL while your driving privilege is suspended or revoked: the state’s record check will find it, and you cannot truthfully certify that you are not under a state license disqualification. The first step is reinstating the regular license on whatever terms your state set.
A DUI in a car before you had a CDL or permit
Table 1 to 383.51 sets the CDL disqualification periods. For an offense in a non-commercial vehicle, the column is written for "a CLP or CDL holder". An old DUI in a personal car, from before you held a permit or CDL, is therefore not listed as a 383.51 disqualification in its own right. It still matters in two ways. The state may have its own rules on how long after a DUI it will issue a CDL. And 383.51(a)(4) says each conviction for a Table 1 offense from a separate incident, "whether committed in a CMV or non-CMV", counts when deciding first and subsequent offenses. How your state applies that to a conviction from before you were licensed is a question to put to the state licensing agency before you pay for training.
A DUI after you have a CDL
This is where the federal periods apply in full. Under Table 1 to 383.51, a first conviction for driving under the influence of alcohol as defined by state law, being under the influence of a controlled substance, or refusing a test under a state’s implied consent law brings:
| Situation | First conviction | Second conviction (separate incident) |
|---|---|---|
| In a commercial vehicle | 1 year | Life |
| In a commercial vehicle carrying placarded hazardous materials | 3 years | Life |
| In your own car, as a CDL or permit holder | 1 year | Life |
The personal-car line is the one that surprises people: a CDL holder’s weekend DUI costs the CDL for a year. A lifetime disqualification for these offenses can be reduced: 383.51(a)(6) lets a state reinstate after 10 years if the driver completes a state-approved rehabilitation program. A further conviction after that reinstatement is permanent.
The 0.04 limit and alcohol rules on duty
- An alcohol concentration of 0.04 or more while operating a CMV is a Table 1 major offense (383.51, item 3; defined in 383.5).
- A driver may not report for or stay on safety-sensitive duty at 0.04 or more (382.201), or perform safety-sensitive functions within 4 hours of using alcohol (382.207).
- 392.5(a) goes further for on-duty time: no alcohol use within 4 hours before duty, and no measured alcohol concentration or detected presence of alcohol while on duty. A driver in violation is placed out of service for 24 hours (392.5(c)).
The full list of CDL offenses, including speeding and phone use, is on the CDL disqualifications page.
A felony on your record
383.5 defines a felony as an offense punishable by death or by imprisonment for more than one year. The CDL tables name only three kinds:
- Using a vehicle to commit a felony (Table 1, item 6): 1 year for a first conviction (3 with placarded hazardous materials), life for a second. For a CDL or permit holder this applies in a personal vehicle too.
- Using a vehicle in a felony involving manufacturing, distributing or dispensing a controlled substance (item 9): life, with no 10-year reinstatement.
- Using a CMV in a felony involving severe forms of human trafficking (item 10): life, with no 10-year reinstatement.
A felony that did not involve a vehicle, such as a theft or an assault on foot, is not in the CDL tables. Part 391 has a similar list for drivers employed by carriers: 391.15(c) disqualifies for driving a CMV under the influence, carrying or using Schedule I drugs, amphetamines or narcotics on duty, leaving the scene of an accident in a CMV, and a felony involving the use of a CMV, for 1 year on a first offense and 3 years on a second within 3 years.
Probation or parole terms are set by the court, not by these rules. If your conditions restrict travel or driving, those conditions apply whatever the licensing rules say.
The hazmat endorsement: where a record really matters
No state may issue or renew an H endorsement without a TSA determination of no security threat, and TSA’s test includes the criminal offenses in 1572.103:
- Permanent (1572.103(a)): felonies including espionage, sedition, treason, terrorism, a transportation security incident, improper transportation of hazardous materials, unlawful dealing in explosives, murder, bomb threats, and RICO violations built on those, plus attempts and conspiracies.
- Interim (1572.103(b)): felonies including unlawful dealing in firearms or weapons, extortion, fraud and dishonesty (welfare fraud and bad checks are excluded), bribery, smuggling, immigration violations, distribution, possession with intent to distribute or importation of a controlled substance, arson, kidnapping, rape or aggravated sexual abuse, assault with intent to kill and robbery. These disqualify if you were convicted within 7 years of applying or released from incarceration within 5 years.
- Pending charges: a person wanted or under indictment for a listed felony is disqualified until the warrant is released or the indictment dismissed (1572.103(c)).
Two links between the two systems: 1572.5(c) says that if records show an offense that would disqualify you under 383.51, such as a DUI, TSA will not issue a determination until the state or FMCSA decides you are not disqualified. And 1572.5(d) lets applicants apply for a waiver of certain standards under 49 CFR 1515.7. The full timing rules, including the 60-day window to clear an arrest with no recorded outcome, are on the hazmat background check page.
Worked examples
Examples, applying the sections above. They are not legal advice about any real record.
- Old DUI, license long reinstated. A 2019 DUI in a personal car, license reinstated in 2020, no permit or CDL at the time. It is not a 383.51 disqualification in itself. The state will see it in the 10-year record request. The applicant should ask the state whether it affects issuance and how it would count if there were ever a second.
- DUI while holding a CDL. A Class A holder is convicted of DUI in her own car. She is disqualified from driving a CMV for 1 year under Table 1. A second DUI in any vehicle later would mean a lifetime disqualification, with possible reinstatement after 10 years under 383.51(a)(6).
- Felony drug distribution, no vehicle involved. Conviction in 2018, released from prison in 2022, applying in 2026. The CDL is not blocked by 383.51, because no vehicle was used. The H endorsement is: distribution is an interim offense under 1572.103(b)(2)(vii), and release was within 5 years, so the look-back runs until 2027 unless TSA grants a waiver.
- Felony that involved a vehicle. Someone who used a car to carry drugs for sale, convicted while holding a CDL, falls under item 9: lifetime, with no reinstatement.
Will a trucking company hire you?
Hiring is where most applicants with a record actually get stopped, and it is mostly outside the regulations. What the rules require a carrier to do is:
- take an employment application that lists your traffic convictions for the previous 3 years and any license denial, suspension or revocation (391.21(b)(8), (9));
- get your motor vehicle record from every state that licensed you in the previous 3 years within 30 days of hiring (391.23(a)(1)), and review it every 12 months (391.25);
- not let a disqualified driver drive (383.51(a)(2); 391.15(a)).
391.21(c) lets a carrier ask for more information than the required list, and many do ask about criminal history. Whether a particular company hires people with felony convictions is its own policy, often shaped by its insurance and by the freight it hauls (hazmat, ports and some government sites need credentials that have their own record tests). Local and regional carriers, and companies that train their own drivers, differ widely, so ask before paying for school. CDL schools can also tell you which carriers hire their graduates with a record.
Before you pay for training
- Get your own driving record from each state that licensed you in the last 10 years.
- Confirm your regular license is valid and any suspension is fully cleared.
- If you want the H endorsement, check your record against 1572.103 and gather court dispositions for any old arrest.
- Ask the state licensing agency, in writing, how it treats any DUI on your record.
- Ask two or three carriers you would work for what their hiring policy is.