(a) Except as provided in paragraph (b) of this section, an Eligible Individual who is convicted under Federal or State law of the possession or sale of a controlled substance is not eligible to use his or her education award from the date of the conviction until the end of a specified time period, which is determined based on the type of conviction as follows:

1. (1) For conviction of the possession of a controlled substance, the individual is ineligible from the date of conviction for—

   1. (i) One year for a first conviction;
   2. (ii) Two years for a second conviction; and

   3. (iii) For a third or subsequent conviction, indefinitely, as determined by AmeriCorps according to the following factors:

      1. (A) Type and amount of controlled substance;
      2. (B) Whether firearms or other dangerous weapons were involved in the offense;
      3. (C) Employment history;
      4. (D) Service to the community;
      5. (E) Recommendations from community members and local officials, including experts in substance abuse and treatment; and
      6. (F) Any other relevant aggravating or ameliorating circumstances.

2. (2) For conviction of the sale of a controlled substance, the individual is ineligible from the date of conviction for—

   1. (i) Two years for a first conviction; and
   2. (ii) Two years plus any additional time AmeriCorps determines is appropriate for second and subsequent convictions, based on the factors set forth in paragraphs (a)(1)(iii)(A) through (F) of this section.

(b) AmeriCorps will restore the Eligible Individual's access to use the education award if AmeriCorps determines that the individual has successfully completed a legitimate drug rehabilitation program, or in the case of a first conviction that the individual has enrolled in a legitimate drug rehabilitation program and:

1. (1) The drug rehabilitation program is recognized as legitimate by appropriate Federal, State, or local authorities; and
2. (2) The Eligible Individual's enrollment in or successful completion of the legitimate drug rehabilitation program has been certified by an appropriate official of that program.