Back to blog
7 min readFlybyOps Team

Can a felon get a Part 107 certificate?

Can a felon get a Part 107 certificate? Usually yes. Part 107 sets no general criminal history bar, though drug convictions are treated separately.


A felony conviction does not by itself prevent someone from holding a Part 107 remote pilot certificate. The eligibility requirements are short and contain no character test, no general criminal history bar, and no discretion for the agency to weigh a person's past against them. Applicants ask this question expecting a wall and usually find a door, though there is one category of conviction the rules single out and a separate security screening that runs alongside the application.

This article covers what the eligibility rule requires, the drug related provision that is the real exception, how the security vetting fits in, what a conviction means for someone who already holds a certificate, and why the hiring reality is often stricter than the regulation.

What the eligibility rule requires

The requirements are narrow. An applicant must be at least sixteen, be able to read, speak, write, and understand English, not know or have reason to know of a physical or mental condition that would interfere with safe operation, and demonstrate aeronautical knowledge by passing the test or completing the alternative training route for existing pilots. Nothing in that list touches criminal history, and the agency has no general discretion to refuse a certificate to someone who meets all four.

That is a genuine difference from many licensed occupations. Trades and professions frequently apply a fitness or good character standard that lets a board weigh convictions case by case. Part 107 does not work that way. The rule identifies the specific things that disqualify, and everything not on the list stays off it. An applicant with a conviction for burglary, assault, or fraud who meets the four requirements is eligible on the face of the rule. That design is deliberate rather than an oversight, because the rule is aimed at whether a person can operate an aircraft safely in shared airspace rather than at whether they have a past. Adding a character test would require rulemaking that has not happened.

The drug and alcohol provisions are the exception

One category is treated differently. Under 14 CFR 107.57, a conviction for violating any federal or state statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs is grounds for denying an application for up to one year after the date of final conviction, or for suspending or revoking a certificate already held. A separate provision applies the same consequences to refusing an alcohol test requested by a law enforcement officer or declining to release the results.

Two features of that wording matter to someone with a conviction in their past. The denial window runs for up to one year from the date of final conviction, so a conviction from several years ago does not sit inside it. And the language is permissive rather than mandatory: it establishes grounds for denial rather than requiring it. A drug conviction is therefore an obstacle with a defined shelf life rather than a permanent exclusion, which is the opposite of what most applicants assume.

Security vetting runs alongside the application

The certificate application is not the only screen. Applicants are vetted by the Transportation Security Administration as part of the process, and that vetting looks at security related concerns rather than at criminal history generally. It is a separate track with separate criteria, and it is the reason an application can stall without any issue arising under the eligibility rule itself. Most applicants pass without ever noticing it happened.

The practical consequence for someone with a record is that the two screens ask different questions and can produce different answers. Meeting the eligibility requirements does not guarantee the security vetting clears, and clearing the vetting does not cure a disqualification under the drug provision. Applicants in a genuinely uncertain position are better served by asking before they pay for a test than by discovering the answer after passing it, and a conviction with any security dimension is the case where professional advice is worth the cost.

The hiring bar is usually higher than the rule

Certification and employment are different problems. A commercial drone operator hiring pilots is making decisions about people who will hold client data, work unsupervised on secure sites, and represent the company to a regulator, and nothing prevents that operator from applying a background standard the FAA does not. Utility, rail, defense adjacent, and public safety clients frequently impose site access requirements that include their own criminal history screening, and a pilot who cannot pass those is unusable on that contract regardless of the certificate in their pocket.

Insurance adds a third layer with its own questions. None of this makes a certificated pilot with a record unemployable, and plenty of operators hire on the basis of the conviction's age, nature, and relevance to the work. Employers that hire from this pool tend to make the decision explicitly, recording what was considered and who approved it, rather than letting a recruiter resolve it silently. What it does mean is that the honest answer to the underlying question has two halves. Can you hold the certificate is a regulatory question with a mostly favorable answer. Can you get hired to use it is a commercial question decided by the people writing the contracts.

Common mistakes in thinking about Part 107 eligibility

Assuming a felony is disqualifying. The eligibility rule contains no general criminal history bar. Applicants who never apply because they assume the answer are wrong more often than they are right.

Reading the drug provision as permanent. The denial ground runs for up to one year from the date of final conviction. An older conviction sits outside that window, though it remains relevant to certificate action in other ways.

Confusing the two screens. Eligibility under the rule and security vetting are separate processes with separate criteria. Passing one says nothing about the other.

Answering the application dishonestly. A false statement on an application is a problem in its own right, independent of whatever it was meant to conceal, and it converts a survivable history into a certificate action.

Treating the certificate as the hiring decision. Clients and insurers apply their own standards for site access and cover. A certificate establishes the pilot may fly, not that a given contract will accept them.

FAQ

Does the FAA run a criminal background check for Part 107?

Applicants are vetted by the Transportation Security Administration for security related concerns, which is not the same thing as a general criminal history review. The eligibility rule in Part 107 itself imposes no criminal record requirement of any kind on applicants.

How long after a drug conviction can you apply?

The rule establishes grounds for denial for up to one year after the date of final conviction. Beyond that window the specific denial ground no longer applies, though other consequences can remain.

Can a certificate be revoked over a later conviction?

Yes. The same drug and alcohol provisions that support denial of an application also support suspension or revocation of a certificate already held, and refusing an alcohol test requested by a law enforcement officer carries the same exposure.

Will a conviction stop me getting drone work?

Possibly, for reasons unrelated to the certificate itself. Client site access screening, security requirements on critical infrastructure contracts, and insurer questions all apply standards the regulation does not, and those standards vary from one contract to the next.

Closing thought

The gap between what people assume about this question and what the rule says is unusually wide, and it costs capable applicants years of not applying. Part 107 asks four things, none of them about a criminal record, and reserves specific consequences for drug and alcohol matters within a defined period. The harder barriers sit downstream in hiring, site access, and insurance, where the standards are set privately and vary by client. Both halves are worth knowing before anyone books a test.

If you are building a hiring process for remote pilots, FlybyOps was built for the operational record problem at the center of regulated drone work. A pilot registry tracking certification and currency, a document vault holding screening and site access approvals, role based access so personnel records stay with the people accountable for them, and an append-only audit log are all part of how the platform keeps eligibility checks dated and attached to the pilot they cleared.

See it in action

Bring your drone program onto one record

FlybyOps gives enterprise drone teams a single audit-grade record for projects, flights, equipment, risks and incidents. Start free — 14-day trial, no credit card.

Start free trial