Posted 9/30/25
What You Need to Know About the First Step Act and Earned Time Credits
This is provided as general information and is not a substitute for advice from an attorney.
The First Step Act is a federal law that can help you serve less time in prison if you take part in approved programs. Here’s what you need to know:
What Are Earned Time Credits?
- Earned Time Credits (ETCs) are days off your sentence that you earn by completing certain classes, treatment programs, or work activities.
- You usually earn 10 to 15 days of credit for every 30 days you spend in approved programs.
- Credits start as soon as you begin serving your federal sentence.
How Do the Credits Help You?
- Pre-release Custody
- When your credits equal the time left on your sentence, you can be moved out of prison to a halfway house or home confinement.
- Supervised Release
- If you earn more credits than you need for early transfer, those extra credits can cut down your supervised release time.
- Limits
- Credits can’t shorten your sentence for time before you earned them.
- If you are released and later sent back to prison, your old credits don’t carry over.
Who Can Earn Credits?
- Most federal prisoners can earn credits.
- You cannot earn or use credits if:
- You were convicted of certain serious crimes (like terrorism, murder, child exploitation, or drug cases where death or serious injury was part of the conviction).
- You have a final deportation order (immigration removal).
- You are serving multiple sentences and one of them is ineligible.
What You Should Do
- Join programs right away: The sooner you start, the sooner you earn credits.
- Check your paperwork: Whether you qualify depends on your exact conviction, not just what happened in your case.
- Stay on top of your credits: The Bureau of Prisons sometimes makes mistakes. You may need to ask your lawyer for help if your credits aren’t being counted correctly.
- Watch for immigration issues: If you are not a U.S. citizen, a final deportation order can cancel your credits.
Key Takeaway
If you take part in approved programs, you can earn time off your prison sentence and maybe shorten your supervised release too. But not everyone qualifies, and the Bureau of Prisons does not always apply the law correctly. Work with your lawyer to make sure you get the credits you earn.