Mon. Jul 15th, 2024

OPM Issues Final Regulations to Prohibit Federal Agencies from Requesting Criminal History During Hiring

August 31, 2023


Washington, D.C. – The U.S. Office of Personnel Management (OPM) announced today the final regulations to implement the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act), which prohibits federal agencies and federal contractors from requesting an applicant’s criminal history information before the agency makes a conditional offer of employment to the applicant. The final regulations also provide applicants with a complaint process and hold accountable federal employees who are in violation of the Fair Chance Act.

“If you have the qualifications, skills, and willingness to serve the American public, you deserve a fair chance to compete for employment within the federal government,” said Kiran Ahuja, OPM Director. “America is a nation of second chances and every person deserves to be treated with dignity and respect.”

Today’s announcement builds on the Biden-Harris Administration’s efforts to expand opportunities for people who have been incarcerated and aligns with the Administration’s evidence-informed, multi-year Alternatives, Rehabilitation, and Reentry Strategic Plan to strengthen public safety, including by facilitating successful reentry.

OPM will continue to leverage the Chief Diversity Officers Executive Council, along with the Chief Human Capital Officers Council, to help agencies establish tailored work plans, leadership groups, and metrics for enhancing federal employment opportunities for qualified workers with criminal history records.

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