Q & A Session – Getting Rehired after Misdemeanor Charge


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.


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.


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.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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

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