Q & A Session – Getting Rehired after Misdemeanor Charge

1

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I resigned from the federal government in 2011 after being charged with a misdemeanor for unauthorized computer access to prevent being terminated. I have been fully rehabilitated and have completed my one year probation for which I was sentenced for the offense. Do you think I can get rehired with the federal government again? I just applied for a lower grade position with another federal agency. I’m concerned the past criminal offense will prevent me from being considered for reemployment with the federal government.

A:

Rehire may be difficult. You most likely will have to disclose both the charge and the 2011 resignation to avoid termination. Even if an agency decides to hire you with that information, OPM could declare you unsuitable. Also, the nature of your conviction will likely make you ineligible for a security clearance.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

Share.

About Author

1 Comment

  1. I was terminated by a federal agency during my probation for allegations of misconduct with my previous employer which is not a federal agency. I am applying to other agencies but do you think I will be able to find another federal position? The allegations were over 5 years ago, no charges. And how much information is released to the new agency that hires me? Thanks for your help

Leave A Reply