§ 920.201 Limitations on criminal history inquiries

5 CFR 920.201(a)(a) Applicability. An employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (Office of Personnel Management Optional Form 306) or any similar successor form, the USAJOBS internet website, or any other electronic means) that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant. This includes the following points in the recruitment and hiring process:

5 CFR 920.201(a)(1)(1) Initial application, through a job opportunity announcement on USAJOBS, or through any recruitment/public notification such as on the agency's website/social media, etc.;

5 CFR 920.201(a)(2)(2) After an agency receives an initial application through its back-end system, through shared service providers/recruiters/contractors, or orally or via email and other forms of electronic notification; and

5 CFR 920.201(a)(3)(3) Prior to, during, or after a job interview. This prohibition applies to agency personnel, including when they act through shared service providers, contractors (acting on behalf of the agency) involved in the agency's recruitment and hiring process, or automated systems (specific to the agency or governmentwide).

5 CFR 920.201(b)(b) Exceptions for certain positions.

5 CFR 920.201(b)(1)(1) The prohibition under paragraph (a) of this section shall not apply with respect to an applicant for an appointment to a position:

5 CFR 920.201(b)(1)(i)(i) Which is exempt in accordance with § 920.102(b);

5 CFR 920.201(b)(1)(ii)(ii) That requires a determination of eligibility for access to classified information;

5 CFR 920.201(b)(1)(iii)(iii) Has been designated as a sensitive position under the Position Designation System issued by OPM and the Office of Director of National Intelligence, which describes in greater detail agency requirements for designating positions that could bring about a material adverse effect on the national security;

5 CFR 920.201(b)(1)(iv)(iv) Is a dual-status military technician position in which an applicant or employee is subject to a determination of eligibility for acceptance or retention in the armed forces, in connection with concurrent military membership; or

5 CFR 920.201(b)(1)(v)(v) Is a Federal law enforcement officer position meeting the definition in section 115(c) of title 18, U.S. Code.

5 CFR 920.201(b)(2)(2) The prohibition under paragraph (a) of this section shall not apply with respect to an applicant for a political appointment.

5 CFR 920.201(c)(c) Notification to applicants. Each agency must publicize to applicants the prohibition described in paragraph (a) of this section in job opportunity announcements and on agency websites/portals for positions that do not require a posting on USAJOBS, such as excepted service positions, and in addition to information on where it has posted about its complaint intake process under as required by part 754 of this chapter.