Rehabilitation: becoming eligible for a PR government job again

What rehabilitation is and why you may need it

In Puerto Rico there are two different doors for someone with a record who wants to work. One is the **criminal record certificate** and its elimination terms, which applies to any employer. The other is **habilitación** (rehabilitation for public service) which is exclusively for entering or returning to **government employment**, and is granted by the **Office of Human Resources Administration and Transformation (OATRH)**.

The rule is in Section 6.8 of Act 8-2017, and it opens by recognizing the State's interest: that people who at some point became ineligible 'may, on their own merits, overcome the situation that disqualified them and join or rejoin' public service.

First, a currency warning that saves someone a misdirected filing: **Act 184-2004**, still cited in many places for this topic, **is repealed and replaced by Act 8-2017**. The official PDF says so in its first line. What follows comes from the compilation revised as of **March 18, 2026**.

Who becomes ineligible

The Act starts from a principle: those in public service should not have engaged in improper conduct sanctioned by law. From there, subsection 1 of Section 6.8 declares ineligible for employment or professional services contracts in public service anyone who:

Note the clause almost nobody reads, and it is the one that opens the door: **several of those conditions do not apply when the candidate has been rehabilitated by OATRH** for public service positions. Ineligibility is not permanent by definition; it is a status rehabilitation lifts.

And note this: ineligibility does not come only from a conviction. **Having been removed from public service** is on the same list, even with no criminal case involved.

• Has engaged in **dishonorable conduct**.
• Is **addicted through habitual and excessive use** of controlled substances and/or alcohol.
• Has been **convicted of a felony** or of **any crime involving moral turpitude**.
• Has been **removed from public service**.

When to petition: the one year, and the five cases that do not wait

The general rule is simple: an ineligible person **has the right to petition OATRH for rehabilitation after one (1) year** has passed from the date the fact occurred or the circumstances causing the ineligibility were determined.

But the Act lists **five exceptions where you may petition without waiting that year**, and they are the ones most people need to know:

The convicted-employee exception carries two details worth their weight in gold. First: if the employee does not file, **the agency they work for is obligated to file it**. Second, and more important: **the employee continues in their position until the OATRH Director rules otherwise**. It is not an automatic suspension.

And note the fifth: the **Rehabilitation and Work-Readiness Certificate** (the same document the Department of Correction and Rehabilitation evaluates under Act 254-1974) **lets you petition for habilitación at any time**. The two routes are connected, and very few people use them in that order.

• **Addiction to controlled substances or alcohol:** the one-year requirement does not apply. What is needed before OATRH takes jurisdiction is the **ASSMCA certification** stating the person is favorably recommended for rehabilitation.
• **A convicted public employee** with a suspended sentence or parole served in the community: may file **at any time**.
• **A pardoned person:** may file at any time.
• **Any convicted person** with a suspended sentence or parole served in the community: at any time.
• **Anyone holding a Rehabilitation and Work-Readiness Certificate:** at any time.

The three offense lists: permanent, 20 years and 8 years

This is the hard part of the Act, and it must be said plainly because it decides whether filing makes sense. Subsection 3 creates three categories by offense type, counted from the conviction date, applying to convictions in Puerto Rico, federal jurisdiction or any state, **whether as principal or accomplice**.

**Permanent ineligibility** (plus a bar on seeking or holding elective office) for conviction of: aggravated misappropriation; extortion; sabotage of essential public services; document forgery; fraud; computer fraud; construction fraud; fraudulent use, possession or transfer of magnetic-stripe cards; illicit enrichment; illicit enrichment of a public official; unjustified enrichment; illicit use of public works or services; improper intervention in government operations; negotiation incompatible with public office; alteration or mutilation of property; false certifications; bribery; offering a bribe; undue influence; embezzlement of public funds; and money laundering.

**Twenty (20) years** for: aggravated damage; retention of property; alteration or mutilation of property; filing false documents or data; illegal possession and use of tax information, receipts and payment vouchers; illegal purchase and sale of goods in payment of taxes; filing false writings; illegal possession of tax receipts; falsification of entries in registries; seal forgery; ideological falsehood; forgery of licenses, certificates and other documentation; forgery in the practice of professions or occupations; possession and transfer of forged documents; possession of forgery instruments; and preparation of false writings.

**Eight (8) years** for: failure to perform a duty; illegal sale of goods; breach of duty; negligence in performing a duty; usurpation of public office; and impeding inspection of books and documents. The Act adds that **conviction of any of the listed misdemeanors also carries eight years** of ineligibility from the conviction.

Offenses are defined under the **Puerto Rico Penal Code (Act 146-2012)** or its successor. If your case is on one of these lists, the first step is not filing: it is confirming, with the judgment in hand, exactly which article the conviction was under, because similar-sounding names fall into different categories.

Rehabilitation can be lost, and automatically

Getting it is not the end. Subsection 5 provides that **a felony conviction, removal from office, revocation of probation or parole, or breach of the conditions of the program** under which a rehabilitated convict serves their sentence in the community **automatically cancel the rehabilitation**.

And it goes further: if at that moment the person holds a public position or provides services to a government entity in any other form, **they also automatically cease in the position or the services end**. No separate proceeding is needed.

**If denied, there is a second round, but with a condition.** After **one (1) year** from the OATRH Director's decision not to rehabilitate becoming final and firm, the person may file a **new petition**, provided they **submit new evidence not previously considered** showing they should be rehabilitated. The same rule applies to **conditional rehabilitation** cases.

That new-evidence requirement is what decides the second petition. Refiling the same thing a year later moves nothing; the year is for building the file you did not have: evaluations, steady employment, studies, treatment certifications, letters.

On the other side of the counter: whoever appoints also answers

This piece is worth knowing because it explains why HR asks for so much paperwork before a government appointment.

Subsection 7 provides that **any official or employee who knowingly authorizes an appointment in contravention of these provisions shall be liable for any money improperly paid to the appointee, and that appointment shall be void**.

Translated: whoever signs an appointment without verifying eligibility can end up paying for it personally, and the appointment falls. So omitting the issue and hoping it never surfaces gains nothing: if it surfaces later, the appointment is annulled. Better to arrive with rehabilitation settled.

And one more worth knowing if you are waiting on a government position and everything seems frozen: **Section 6.9** bars nominating authorities from making appointments, promotions, demotions, transfers, pay or position-class changes, and from using employee mobility, during **the two (2) months before and two (2) months after the General Elections**. Non-compliance **renders the transaction void**. Excepted are changes from completing the probationary period and disciplinary measures, and OATRH may authorize exceptions for duly documented urgent and unpostponable needs.

What to do, in order

Five steps. The first three are preparation and cost nothing.

An honest note on this guide's scope: the Act sets the requirements, terms and consequences, but **the detailed petition procedure is set by OATRH regulation**, and we do not describe that regulation here because we have not read it at an official source. Request the current form and instructions directly from OATRH before assembling your file.

• **Identify the exact cause of your ineligibility.** Conviction, removal, addiction, dishonorable conduct? Each has its own rule and clock.
• **If it is a conviction, get the judgment and the exact article** and compare it against the three lists above. If it falls on the permanent list, rehabilitation is not the path, and it is better to know that before spending months.
• **Check whether you fall in one of the five exceptions** allowing a petition without the one-year wait. The Rehabilitation and Work-Readiness Certificate is the one most people could activate and almost nobody uses.
• **If your cause is addiction, start with ASSMCA:** without the favorable certification, OATRH does not take jurisdiction.
• **Gather evidence of your own merit before filing:** steady employment, studies, completed treatment, letters. And keep it, because if denied, the second petition requires new evidence not previously considered.