Can a felon apply for a nonprofit organization and/or a 501(c)3 designation

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Non-profit work

Attorney Answer

1
Jeffrey Roberts ·
This is a state-specific question and the answer is different in every state. A 501(C)(3) status is a federal tax exemption for a corporate entity, which is created at the state level. A felon is allowed to file for 501(C)(3) status for his corporation with the IRS, but state law controls the operation of charitable/nonprofit organizations operating within the state. In Florida, a felon MAY be involved with a non-profit, but must: 1) Fully disclose the felony in the state registration; AND 2) NOT be involved with fundraising for the non-profit within 10 years of release from incarceration. The specifics are in Florida Statutes 496.405(8): "(8) A charitable organization or sponsor, or an officer, director, trustee, or employee thereof, may not knowingly allow an officer, director, trustee, or employee of the charitable organization or sponsor to solicit contributions on behalf of such charitable organization or sponsor if such officer, director, trustee, or employee has, in any state, regardless of adjudication, been convicted of, been found guilty of, or pled guilty or nolo contendere to, or has been incarcerated within the last 10 years as a result of having previously been convicted of, been found guilty of, or pled guilty or nolo contendere to, a felony within the last 10 years or a crime within the last 10 years involving fraud, theft, larceny, embezzlement, fraudulent conversion, misappropriation of property, or a crime arising from the conduct of a solicitation for a charitable organization or sponsor, or has been enjoined in any state from violating a law relating to a charitable solicitation. The prohibitions in this subsection also apply to a misdemeanor in another state which constitutes a disqualifying felony in this state." And in Florida 496.409(14): (14) "A person may not act as a professional solicitor, and a professional solicitor, or an officer, director, trustee, or employee thereof, may not, to solicit for compensation, knowingly employ an officer, trustee, director, or employee, or a person with a controlling interest therein, who has, in any state, regardless of adjudication, been convicted of, been found guilty of, or pled guilty or nolo contendere to, or has been incarcerated within the last 10 years as a result of having previously been convicted of, been found guilty of, or pled guilty or nolo contendere to, a felony within the last 10 years involving fraud, theft, larceny, embezzlement, fraudulent conversion, or misappropriation of property, or a crime arising from the conduct of a solicitation for a charitable organization or sponsor, or has been enjoined in any state from violating a law relating to a charitable solicitation. The prohibitions in this subsection also apply to a misdemeanor in another state which constitutes a disqualifying felony in this state." Good Luck!
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