Will a Misdemeanor Affect Employment with the Government?
The United States government employs millions of people across various federal agencies, and the selection process is highly competitive. For those interested in pursuing a career with the government, it’s essential to understand the impact of a misdemeanor conviction on employment. In this article, we will explore the effects of a misdemeanor on government employment and provide guidance on the steps to take to improve your chances of being hired.
What is a Misdemeanor?
A misdemeanor is a type of criminal offense punishable by a fine, a sentence of less than a year in jail, or both. Misdemeanors are generally considered to be less severe than felonies, which are criminal offenses punishable by a year or more in prison.
Will a Misdemeanor Affect Government Employment?
The short answer is: it may. The federal government conducts background checks on all candidates, including those with prior criminal convictions. While the Fair Credit Reporting Act (FCRA) prohibits government agencies from using criminal information for employment purposes without consent, the Federal Bureau of Investigation (FBI) is exempt from this restriction. The FBI’s Law Enforcement Support Center (LEC) provides criminal history record information to federal agencies to help them make informed hiring decisions.
How Is a Misdemeanor Considered in Government Hiring?
Government agencies weigh various factors when considering candidates with prior criminal convictions:
• Type of misdemeanor: The type of offense and its severity play a significant role in the evaluation process. For example, a conviction for a petty theft or disorderly conduct might be viewed more leniently than a conviction for a violent crime.
• Time since the conviction: The amount of time that has passed since the conviction can also be a factor. Agencies might consider candidates with older, less severe convictions more favorably than those with more recent or serious offenses.
• Rehabilitation: Agencies may consider a candidate’s efforts to reform and rehabilitate themselves. This can include factors like completing court-ordered probation, attending counseling, or making amends with victims.
• Job duties: The specific job requirements and duties also influence the decision-making process. Some positions may require a certain level of trust or be considered sensitive, which might make it more challenging for a candidate with a prior criminal conviction to be hired.
Federal Agencies with Specific Guidelines
Some federal agencies have specific guidelines or waivers for hiring candidates with prior criminal convictions:
- Federal Bureau of Prisons (BOP): The BOP accepts applicants with misdemeanor convictions but may require additional evaluation and screening.
- Internal Revenue Service (IRS): The IRS has a policy of considering applicants with felony or misdemeanor convictions on a case-by-case basis. Candidates with prior convictions are not automatically disqualified.
- Federal Bureau of Investigation (FBI): The FBI has a Waiver Program for hiring agents who have prior criminal convictions. The program considers various factors, including the severity of the offense, the amount of time since the conviction, and the candidate’s rehabilitation efforts.
Disqualification Factors
While there are no hard and fast rules for disqualifying candidates with prior criminal convictions, the following factors are often considered:
- Recent or serious convictions: Recent or serious convictions can raise concerns about a candidate’s trustworthiness and judgment.
- Job duties requiring trust or handling sensitive information: Positions involving access to classified information or handling sensitive materials may make it more challenging for a candidate with a prior conviction to be hired.
- Multiple convictions: Having multiple convictions, even for non-violent offenses, may raise concerns about the candidate’s character and dependability.
Tips for Improving Your Chances of Being Hired with a Misdemeanor
If you have a misdemeanor conviction and are interested in pursuing a career with the government, consider the following strategies:
- Disclosure: Be upfront and truthful about your criminal history on your application and during interviews.
- Emphasize rehabilitation: Highlight any steps you’ve taken to rehabilitate yourself, such as counseling, community service, or education.
- Seek guidance: Consult with a career counselor or a government employment expert to understand the hiring process and potential employers’ policies.
- Apply for positions that are less sensitive: Consider applying for positions that do not involve handling sensitive information or requiring high levels of trust.
- Prepare for thorough screening: Be prepared to answer detailed questions about your criminal history and provide documentation if required.
Conclusion
While a misdemeanor conviction can potentially impact government employment, it’s not necessarily a deal-breaker. Many government agencies consider a variety of factors when evaluating candidates with prior criminal convictions, and some may have specific policies or waivers in place. By understanding the guidelines and disqualification factors, as well as preparing effectively for the hiring process, candidates with misdemeanor convictions can increase their chances of being hired by the government.
