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Felony

Is it possible to get a bond if you have a criminal record. Got a felony 6 years ago for mushrooms.

2 replies

Jan 24, 2020

Ultimately, it's hard to say whether a previous felony will affect the ability to obtain a payment bond, license bond, or other type of construction bond. That would likely vary situation by situation, and potentially even surety by surety. However, I'm not aware of any strict prohibition or even general unwillingness to provide bonds to a contractor based on an employee's felony conviction from years prior. On one hand, bonds are generally secured by a construction company rather than an individual - so, a single person's prior legal issues might not even come up there. Or, if they do come up, they might not be terribly consequential in the grand scheme of things. On the other hand, a surety company may take any number of different factors into account when determining whether or not to provide a bond to a particular company. And, it's certainly possible that they might run a background check on a key member of a business that's looking to obtain a bond. Even still - if the business has a strong track record and sound credit history, that's something that might be overcome. Ultimately, it might just come down to discussing the matter with a representative of a surety company to see if that's something they look out for. That way, you'd be able to get more clarity on the topic and avoid finding out it's an issue later on in the process.

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