Can someone with a misdemeanor get an EFIN?

[Boyash77]

Hi, I was told that because I have a misdemeanor and I was audit I will not be able to get an EFIN. My misdemeanor was in 2006 and it was deferred adjudication, and I fixed my taxes and received it. Can someone please help me.

[Gail in Virginia]

I am not expert in this, but I think only felonies prevent you from getting a EFIN, and not being current on all taxes.  The IRS website should have the e-file handbook available and I would expect that information to be in there.

[jklcpa]

As Gail said, you should check pub 3112.  Last time this question came up, I answered with the following:

Quote

IRS has a 10-year look back for felony convictions in their suitability check.  If answering "yes" that you had a felony conviction within the last 10 years, you must provide details in the application. There are 3 questions in the section on suitability that must be answered that the IRS uses in deciding to accept or deny the application. If the firm, principal, or responsible party fails the suitability, the IRS will notify the applicant of the failure and will include a date that the applicant may reapply.

See pub 3112, page 9-10.

 

Because yours is a deferred adjudication, I believe that means that it was not recorded in any court system and should not show up at all. On top of that, yours is already beyond the 10 year look back. 

I'd say that you should be able to get an EFIN, and the only way to do that is to apply and see what the IRS does with the application. The service will notify you if denying.