Can you work for the federal government with a felony?

The rules

• For most federal jobs, OPM or the hiring agency decides whether you are 'suitable', and criminal conduct is one of the listed factors, not an automatic bar.^1,2

  5 CFR 731.202(b), as revised effective July 30, 2026 (91 FR 39361), lists the only factors that can support an unsuitability finding: misconduct or negligence in employment; criminal conduct; material, intentional false statement or fraud in examination or appointment; dishonest conduct; failure to meet financial or civil legal obligations such as filing tax returns; excessive alcohol use without evidence of rehabilitation; illegal drug use without evidence of rehabilitation; knowingly and willfully acting to overthrow the government by force; violent conduct; and any legal bar to employment in the position. OPM's 2026 rule explains that the criminal conduct factor covers criminal behavior 'regardless of whether the conduct resulted in an arrest or conviction.' Excepted service jobs use the same factors as a minimum 'fitness' standard, and agencies may add job-related factors.

• Adjudicators must consider the context when they find it pertinent: the job, how serious and how recent the conduct was, your age at the time, contributing societal conditions and rehabilitation.^1,3

  5 CFR 731.202(c) requires OPM and agencies to consider the following to the extent OPM or the agency, 'in its sole discretion', deems them pertinent to the case: the nature of the position; the nature and seriousness of the conduct; the circumstances; the recency of the conduct; your age at the time; contributing societal conditions; and the absence or presence of rehabilitation or efforts toward rehabilitation. OPM's Declaration for Federal Employment (OF-306) tells applicants that 'the circumstances of each event you list will be considered' and that 'in most cases you can still be considered for Federal jobs.'

• Agencies may not ask about your criminal history until they have made you a conditional job offer, unless the job is exempt.^4,5,6

  The Fair Chance to Compete for Jobs Act of 2019 (5 U.S.C. 9201-9206, enacted December 20, 2019 in the FY2020 National Defense Authorization Act) bars agency employees from asking applicants for criminal history information, orally, in writing, on the OF-306 or through USAJOBS, before a conditional offer. Section 9202 took effect December 20, 2021, two years after enactment. OPM's rules (5 CFR parts 920 and 754, 88 FR 60317, effective October 2, 2023) apply this to competitive, excepted and Senior Executive Service positions and require agencies to state the rule in job announcements. Exceptions: positions where another law requires an earlier check, positions requiring eligibility for classified information or designated sensitive, dual-status military technician positions, federal law enforcement officer positions and political appointments. 'Criminal history record information' here includes sealed and expunged records and juvenile records. The Act controls when an agency may ask, not whether the record can be considered after the offer.

• After the offer, the OF-306 asks about convictions, imprisonment, probation or parole in the last 7 years and any pending charges, and lets you leave out expunged convictions and most juvenile matters.^3,7

  OF-306 (revised October 2019) questions 9-11: in the last 7 years, have you been convicted, imprisoned, or on probation or parole (felonies, firearms or explosives violations, misdemeanors and other offenses); any military court-martial conviction in the last 7 years; and whether you are currently under charges. Include no-contest pleas; omit traffic fines of $300 or less, offenses before age 16, offenses before 18 decided in juvenile court or under a youth offender law, convictions set aside under the Federal Youth Corrections Act or similar state law, and convictions whose record was expunged under federal or state law. Jobs needing a clearance use the SF-86 instead, which asks more and requires most expunged records to be reported (see the security clearance page). In 2026 OPM asked to renew the OF-306 without change and said most agencies collect it through USA Staffing.

• A few federal laws bar people convicted of specific crimes from federal employment or office, some permanently and some for 5 years.^{8,9,10,11,12,13,14,15}

  Examples: treason (18 U.S.C. 2381) and rebellion or insurrection (18 U.S.C. 2383): 'incapable of holding any office under the United States.' Advocating overthrow of the government by force (18 U.S.C. 2385) and urging insubordination, disloyalty or mutiny in the armed forces (18 U.S.C. 2387): ineligible for federal employment for the 5 years after conviction. A felony conviction (an offense punishable by more than a year) in any federal, state or local court for inciting, organizing or participating in a riot or civil disorder (5 U.S.C. 7313): ineligible for any federal or D.C. government position for 5 years after the conviction becomes final. A custodian who willfully destroys or falsifies public records in their custody (18 U.S.C. 2071(b)): forfeits the office and is disqualified from holding any federal office. For bribery of public officials or witnesses, the court 'may' also disqualify the person from holding federal office (18 U.S.C. 201(b)). Separately, 5 U.S.C. 7311 bars anyone who advocates overthrow of the constitutional form of government, knowingly belongs to an organization that does, or strikes against the government, from holding a federal position. A legal bar is itself a suitability factor (5 CFR 731.202(b)(10)). This list is not exhaustive; other laws (for example on firearms for armed positions) can matter for particular jobs.

• Jobs that need a security clearance, are designated sensitive, or are federal law enforcement positions can check your record before an offer and apply stricter standards.^4,5

  These positions are excepted from the Fair Chance Act's timing rule (5 U.S.C. 9202(c); 5 CFR 920.201(b)). Clearance decisions follow the national security adjudicative guidelines and the Bond Amendment rather than the suitability rules alone; see the security clearance page.

What can stand in the way

• Leaving something off the OF-306 can cost you the job even when the record itself wouldn't.^1,3

  A 'material, intentional false statement, or deception or fraud, in examination or appointment' is its own suitability factor that only OPM may act on (5 CFR 731.202(b)(3)), and the OF-306 warns that false answers can be grounds for not hiring you or for firing you later.

• An unsuitability finding can bar you from that agency or from federal jobs for up to 3 years.^16,17

  Suitability actions include cancellation of eligibility, removal, cancellation of reinstatement eligibility and debarment (5 CFR 731.101, 731.203). An agency may debar an unsuitable applicant or appointee from all or specific positions at that agency for up to 3 years from the determination (5 CFR 731.205), and OPM may debar a person from the whole competitive service and career Senior Executive Service for up to 3 calendar years (5 CFR 731.204). OPM or the agency may impose a further period of debarment later, but only after the person applies again and a new suitability determination is made (731.204(b), 731.205(b)). Unfavorable actions are reported to OPM's Central Verification System within 30 days (731.203(h)).

• Simply not being selected is not a 'suitability action', so it can't be appealed under these rules.¹⁷

  5 CFR 731.203(c): a non-selection, or an objection or pass-over under 5 CFR 332.406, is not a suitability action even if it rests on the same reasons.

• Since July 30, 2026, conduct after you are hired can also lead to a suitability action and removal.^2,18

  OPM's 2026 final rule (91 FR 39361), issued under Executive Order 14210 and a March 20, 2025 presidential memorandum, lets OPM take suitability actions against appointees and competitive service or career SES employees for post-appointment conduct, but only on a proper referral from the head of the employing agency or a designee (5 CFR 731.105(b), (d)); agencies may not take suitability actions against employees themselves (731.105(e)). The rule explains that this lets a suitability action follow when continuous vetting turns up information showing an employee is no longer suitable.

Waivers and exceptions

• Before a suitability action, you get written notice of the charges, a chance to see the materials and at least 30 days to respond in writing.^19,20,21

  5 CFR 731.302-731.303 (when OPM acts) and 731.402-731.404 (when an agency acts): written notice of the proposed action, the charges and specific reasons, served at least 30 days before the action takes effect; the right to review the materials relied on, on request; the right to a representative; 30 days to answer in writing with documents or affidavits; and a written, dated decision that gives the reasons and says how to appeal. An appeal can challenge a failure to give these protections (731.501(c)(2)). Use the response to show the 731.202(c) factors: time passed, your age then, circumstances and rehabilitation.

• You can appeal a suitability action, now to OPM rather than the Merit Systems Protection Board.^21,22,23

  OPM's final rule 'Suitability Action Appeals' (91 FR 49034, August 3, 2026) made OPM the appeal body for suitability actions under part 731, effective September 2, 2026; appeals already filed with the MSPB before then are not affected. File within 30 calendar days of the action's effective date (for an applicant, the date on the notice of final action, plus 10 days if it was mailed) through OPM's electronic filing system (5 CFR 731.502). If you contest the unsuitability finding, the agency must prove its charges by a preponderance of the evidence (731.501(b)). An OPM adjudicator issues an initial decision; either side may ask OPM to reconsider within 30 calendar days, and it otherwise becomes final 30 days after issuance (731.507, 731.509). The new rules say there is no further appeal of OPM's final decision and no court review (731.501(e), 731.509(e)), though complaints within the separate jurisdiction of bodies such as the EEOC or the Office of Special Counsel remain open.

• If an agency asks about your record before a conditional offer for a covered job, you can file a complaint within 30 days.^4,24

  5 CFR 754.102: each agency must run a complaint process; complaints are due within 30 calendar days of the violation (extendable, for example if you weren't told the deadline). Employees who violate the Fair Chance Act face a written warning for a first violation and suspensions and civil penalties for repeat violations (5 U.S.C. 9204).

How states handle it

Federal hiring follows federal law and OPM rules everywhere. State law matters only for how your case ended (for example whether it was a felony, set aside or expunged), which affects how you answer the OF-306.

What to do next

1. Check whether any conviction falls under a specific legal bar (such as treason, rebellion, advocating overthrow, urging mutiny in the armed forces, felony riot offenses, destroying public records in your custody, or a court-ordered disqualification for bribery) and, for the 5-year bars, when the period ends.
2. Read the job announcement: if the job needs a security clearance, is designated sensitive or is a law enforcement position, the agency may ask earlier and screen more strictly; otherwise it shouldn't ask before a conditional offer.
3. Get your state and FBI records and court dispositions so your OF-306 answers match what the background check shows; note which convictions fall inside 7 years and which were expunged.
4. After a conditional offer, answer the OF-306 exactly as asked and use item 16 to explain each event and what has changed since.
5. Prepare rehabilitation evidence keyed to 5 CFR 731.202(c): time since the offense, your age then, completed sentence and supervision, treatment or programs, education, work history and references.
6. If you get a notice of proposed suitability action, respond in writing within the deadline (at least 30 days) and ask to see the materials relied on.
7. If a suitability action is taken, appeal to OPM through its electronic filing system within 30 calendar days of the action's effective date; if an agency asked about your record too early, file a complaint with that agency within 30 days.

Where to ask

• 5 CFR part 731 (eCFR)

  OPM's suitability and fitness rules, including the 2026 changes.

• 5 CFR part 920 (eCFR)

  Fair Chance Act rules on when agencies may ask about criminal history.

• OF-306 Declaration for Federal Employment

  The questions you answer after a conditional offer.

Felony or misdemeanor?

Some of the rules on this page treat felonies and misdemeanors differently, and each state decides which crimes are which. See how your state grades crimes, or check a specific charge on Is it a felony?.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.