Recently introduced legislation would prohibit individuals who have been convicted of violent crimes from working with the federal government.
The No Violent Criminals in the Federal Workforce Act (H.R. 7067) was introduced by Congresswoman Nancy Mace (R-SC). It bars anyone convicted of a violent crime from accepting or holding any position in federal civil service or working on federal contracts.
In addition to preventing the federal government from hiring individuals with final convictions for crimes of violence, the legislation would also require termination of any federal employees currently employed with the government to be removed.
Other provisions of the bill are:
- Bars federal contracts with entities controlled by violent criminals or who have violent criminals working on the contract
- Includes waiver authority for unique circumstances where contract termination would impose undue burden to the government
Mace also introduced a second related bill focused on government employment and contracts in Washington, DC. The No Convicts Running the Capital Act (H.R. 7068) prevents anyone convicted of a violent crime from accepting or holding any position within DC government.
Specifically, the bill would do the following:
- Prohibits D.C. government from hiring individuals with final convictions for crimes of violence or dangerous crimes
- Bars D.C. contracts with entities controlled by violent criminals or who have violent criminals working on the contract
- Requires termination of current employees and contracts within 90 days
Mace said in a statement about the legislation, “This is common sense. If you’ve been convicted of a violent crime, you have no business working for the government or cashing taxpayer checks. Hard-working Americans shouldn’t have their tax dollars funding the salaries of violent criminals, and the American people should not have to wonder if violent felons are put in positions of public trust.”
Under current law, individuals are not automatically prohibited from working with the federal government if they have criminal records. According to the Office of Personnel Management (OPM):
Having a criminal record is not an automatic bar to holding most Federal jobs. The agency considers a person’s whole character and takes into account other aspects of their background, positive and negative, in considering the effect of an issue on their suitability or fitness for a job. The agency considers how the conduct relates to the job the individual will hold and may also consider things like the seriousness of the conduct, the specific circumstances surrounding it, how long ago the conduct occurred, or what the individual has done since.
Hiring agencies will consider an individual’s criminal history when determining eligibility for a position and what it’s potential impact on the job would be. OPM also states in another frequently asked question:
How will agencies use information about my criminal history?
The hiring agency will consider how or if information in an individual’s background, including information about their criminal history, will have any impact on their eligibility for the position, such as if there is a statutory or regulatory bar to employment or, as applicable, their eligibility to hold a personal identity verification (PIV) card, their suitability or fitness for the job, or their eligibility to hold a sensitive position. An individual may not be eligible for certain Federal jobs because specific statutes or laws prohibit employment depending on the crime committed. When evaluating an individual’s past criminal history record information to determine eligibility for a PIV, suitability or fitness, or eligibility to hold a sensitive position, the agency may consider the following:
- Potential conflicts between the criminal conduct and the core job duties or the mission of the agency.
- The nature, seriousness, and circumstance of the criminal activity.
- How long it is been since the criminal activity.
- Rehabilitation or efforts toward rehabilitation.
