Can You Work for the Government With a Felony?

You can work for the federal government with a felony on your record in most cases. Federal law prevents agencies from even asking about your criminal history until after they extend a conditional job offer, and once they do ask, they weigh your record against the specific job rather than rejecting you automatically. A short list of offenses does create permanent bars, and certain armed or national security roles have stricter rules, but the majority of federal positions remain open to applicants with felony convictions who can show they have moved on from the conduct.

When a Federal Agency Can Ask About Your Record

The Fair Chance to Compete for Jobs Act, codified at 5 U.S.C. § 9202, bars federal agencies from asking about your criminal history in writing, online, or in person before extending a conditional offer of employment.1Office of the Law Revision Counsel. 5 USC 9202 – Limitations on Requests for Criminal History Record Information Hiring managers evaluate your qualifications, experience, and interview first. The conviction question comes later, once the agency has already decided you are the person they want.

The protection is broad but not universal. It does not apply to positions requiring access to classified information, roles with sensitive national security duties, or federal law enforcement officer positions.2U.S. Department of the Interior. Fair Chance to Compete Act For those jobs, the agency can ask earlier. It also reaches beyond direct federal hiring: federal contractors acting on behalf of an agency are subject to the same timing rule when they hire.3U.S. Department of the Treasury. The Fair Chance to Compete for Jobs Act

Felonies That Permanently Disqualify You

A small number of convictions make you permanently ineligible for any federal office. A treason conviction is a lifetime bar from any position under the United States government.4Office of the Law Revision Counsel. 18 USC 2381 – Treason The same applies to a conviction for rebellion or insurrection against the United States.5Office of the Law Revision Counsel. 18 USC 2383 – Rebellion or Insurrection

Federal firearms law adds a practical wall around any armed federal job. Under 18 U.S.C. § 922(g)(1), anyone convicted of a crime punishable by more than one year in prison, which covers most felonies, cannot possess firearms or ammunition. That rules out roles with the FBI, DEA, U.S. Marshals, and other armed enforcement agencies. The Lautenberg Amendment at 18 U.S.C. § 922(g)(9) applies the same firearms ban to anyone convicted of a misdemeanor crime of domestic violence, so even a non-felony conviction can close off armed positions.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts

Agencies With Their Own Disqualifier Lists

Individual agencies keep their own lists tied to their missions. The Transportation Security Administration has one of the most detailed, with permanently disqualifying felonies that include espionage, sedition, federal crimes of terrorism, murder, and crimes involving explosives or transportation security incidents.7eCFR. 49 CFR 1572.103 – Disqualifying Criminal Offenses A conviction for any offense on that list means no TSA credential, ever, regardless of how long ago it happened.

Law enforcement and intelligence agencies such as the FBI and DEA commonly disqualify applicants with felony drug distribution convictions or offenses that involve dishonesty, such as fraud or perjury. These are often grouped under the concept of crimes involving moral turpitude. Because the specific disqualifiers vary agency to agency, check the hiring standards of the agency you’re targeting before you apply.

How the Government Decides for Everyone Else

For positions without a statutory bar, the Office of Personnel Management uses an individualized review called a suitability determination. The criteria live in 5 C.F.R. § 731.202, which sets out the factors an adjudicator weighs when deciding whether your past conduct would interfere with the agency’s work.8eCFR. 5 CFR 731.202 – Criteria for Making Suitability and Fitness Determinations

The single most important thread running through the review is the connection between your offense and the duties of the job. A fraud conviction is a bigger problem for an accounting role than for a groundskeeping one. Beyond that, adjudicators look at:

Drug-related offenses get specific treatment in the regulation: illegal drug use is disqualifying only when there is no evidence of substantial rehabilitation. Documenting treatment, sobriety, and a clean record afterward can overcome what would otherwise count against you.

What You’ll Have to Disclose

The form you complete depends on the sensitivity of the position, and the forms treat your record differently.

OF-306, Declaration for Federal Employment

Nearly every applicant fills out the OF-306 after receiving a conditional offer. It asks whether you have been convicted, imprisoned, or placed on probation or parole within the last seven years. You do not have to include traffic fines of $300 or less, offenses committed before age 16, juvenile court dispositions for offenses committed before age 18, convictions set aside under the Federal Youth Corrections Act or similar state laws, or any conviction whose record was expunged under federal or state law. Convictions from no-contest pleas do count.10Office of Personnel Management. Declaration for Federal Employment, Optional Form 306

SF-85 and SF-86 Security Questionnaires

The SF-85 applies to non-sensitive and low-risk positions. The SF-86 applies to national security positions and roles with access to classified information. The SF-86 asks for far more detail than the OF-306, and it uses a stricter disclosure rule: you must report criminal history even if the record has been sealed, expunged, or stricken from the court record. The only exception is a conviction under the Federal Controlled Substances Act where a court issued an expungement order under 21 U.S.C. § 844 or 18 U.S.C. § 3607.11OPM.gov. Standard Form 86 – Questionnaire for National Security Positions

For both forms, you’ll need the exact dates of each conviction, the court that handled the case, and the final disposition. The clerk of the court can provide this. You can also request your own FBI Identity History Summary Check, essentially your federal rap sheet, for $18.12Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions Ordering it before you apply lets you see what the government will see.

Why Honesty Matters More Than the Conviction

Providing false information on any federal employment form is itself a federal crime. Under 18 U.S.C. § 1001, knowingly making a false statement or concealing a material fact in a matter within federal jurisdiction is punishable by up to five years in prison and a fine.13Office of the Law Revision Counsel. 18 USC 1001 – Statements or Entries Generally It covers the OF-306, SF-85, SF-86, and any interview during hiring.

In practice, omitting a conviction is often treated more seriously than the conviction would have been on its own. An older, minor felony may not sink your application, but lying about it almost certainly will. Investigators cross-check your answers against court records, FBI databases, and interviews with references, so gaps and inconsistencies surface.

If You’re Found Unsuitable

A negative suitability decision can be appealed. Under 5 C.F.R. § 731.501, you can appeal a suitability action to the Merit Systems Protection Board.14eCFR. 5 CFR Part 731 – Suitability and Fitness The MSPB process allows discovery, a hearing before an administrative judge, and further appeal to the full Board and then to the U.S. Court of Appeals for the Federal Circuit. Recent data shows initial MSPB appeals averaged roughly 109 days to process, not counting any further Board review. The written notice denying your application will include the filing instructions and the deadline.

A Note on Contractor Jobs

If you’re aiming at a private company that holds a federal contract rather than a direct federal job, the Fair Chance timing rule still protects you at the front end.3U.S. Department of the Treasury. The Fair Chance to Compete for Jobs Act Contractor roles that involve federal computer systems or federal facilities usually require their own background investigation, and depending on whether the work is rated low, moderate, or high risk, that can range from a basic check to a full security clearance processed through the same channels used for federal employees. The suitability factors and disclosure requirements described above apply to these roles in much the same way.