Suitability Adjudications
Questions and answers
No, a criminal record will not automatically keep an individual from getting a Federal job. Adjudicative determinations are made on a case-by-case basis. Adjudicators may consider things such the relationship between the past conduct and the responsibilities of the job or the agency’s mission, how long ago the conduct occurred, how serious the conduct was, etc. Generally, adjudicative decisions consider the “whole person” with the determination being made upon both positive and negative attributes.
An individual can work for the Federal Government if they have a criminal record. This is true even if they were formerly incarcerated. Individuals with criminal records are eligible to apply to most Federal jobs, however there are some exceptions. They may not be eligible for certain Federal jobs because specific statutes or laws prohibit employment depending on the crime committed.
For example:
• Individuals convicted of treason may be barred from holding a Federal job.
• The Bond Amendment imposes restrictions related to national security positions.
• Individuals convicted of misdemeanor domestic violence crimes under Federal or State law are “prohibited from employment in any position requiring the individual: to ship, transport, possess, or receive firearms or ammunition” (Public Law 1-4-208 Omnibus Consolidated Appropriations Act of 1997).
Agencies will often collect information from an individual about their criminal history before they enter on duty. It is important that individuals are truthful when asked for this information.