Can a Felon Get a Government Job?
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Yes, in many cases felons can get government jobs at the federal, state, and local levels. The federal government is actually one of the more accessible employers for people with records — the Fair Chance to Compete for Jobs Act of 2019 (effective 2021) prohibits most federal agencies and federal contractors from asking about criminal history until after a conditional job offer is made. The federal government does not have a blanket ban on hiring felons, and OPM suitability standards require individual assessment of each applicant's criminal history. State and local governments vary widely, but the 'ban the box' movement has led most states and many cities to adopt similar fair chance hiring practices. The main exceptions are positions requiring security clearances, law enforcement positions, and positions involving vulnerable populations.
You CAN likely get a government job if you...
- ✓Non-violent felony conviction with completed sentence and several years of clean record — many federal agencies evaluate individually
- ✓Conviction occurred 5+ years ago with strong employment history and rehabilitation evidence
- ✓Federal agencies and contractors covered by the Fair Chance to Compete for Jobs Act — cannot ask about records until after conditional offer
- ✓State or local government positions in jurisdictions with ban-the-box laws
- ✓Positions that do not require security clearance or access to classified information
- ✓Record has been expunged or pardoned — may not need to be disclosed for many government positions
- ✓Positions in reentry services, social services, or peer support where lived experience is valued
You CANNOT get a government job if you...
- ✗Positions requiring Top Secret or higher security clearance (in most cases)
Positions requiring access to classified information involve a thorough background investigation. A felony conviction does not automatically disqualify you from a security clearance, but recent, serious, or multiple felonies make clearance very unlikely. Drug offenses, dishonesty, and financial crimes are particularly problematic because they relate to the security clearance adjudicative guidelines. A Secret clearance may be possible with an older, single conviction; a Top Secret clearance is extremely difficult. (Executive Order 12968 / Intelligence Community Directive 704)
- ✗Federal law enforcement positions
Federal law enforcement positions (FBI, DEA, ATF, Secret Service, etc.) require carrying a firearm, which felons cannot do under federal law. These agencies also have the strictest moral character standards in federal employment. (18 U.S.C. § 922(g) / Agency-specific standards)
- ✗Positions working with children, vulnerable adults, or in certain healthcare settings
Federal positions in childcare, education, healthcare, and services for vulnerable populations often have specific criminal history disqualifiers. For example, positions in VA hospitals are subject to OIG exclusion rules. Positions in schools and childcare facilities are subject to state-specific disqualifying offense lists. (Various federal and state laws)
- ✗Conviction of treason or advocating the overthrow of the government
Federal law specifically prohibits federal employment for individuals who have been convicted of, or who advocate, the overthrow of the U.S. government by force or violence. (5 U.S.C. § 7311)
Gray areas — it depends on your state and circumstances
Positions requiring a basic security clearance (Secret)
A Secret-level clearance involves a background investigation that reviews criminal history. A felony conviction does not automatically disqualify, but the adjudicative guidelines consider the nature, seriousness, and recency of criminal conduct. A single, non-violent felony that occurred 7+ years ago with a clean record since may be mitigable. Multiple felonies, drug trafficking, and dishonesty offenses are harder. Each case is evaluated individually, and you have the right to appeal an unfavorable determination.
Federal contractor positions
The Fair Chance to Compete for Jobs Act covers federal contractors as well as agencies. Contractors with covered federal contracts cannot inquire about criminal history until after a conditional offer. However, the individual contract may have specific requirements (e.g., facility security clearance, access to government systems) that effectively require background checks. Smaller federal contractors have more flexibility than large defense contractors.
State and local government positions
Policies vary enormously by jurisdiction. As of 2026, over 37 states and more than 150 cities/counties have adopted ban-the-box or fair chance hiring policies for public employment. Some states go further — California, Illinois, and others restrict when and how criminal history can be considered. Other states have minimal protections. Check your specific state and local government hiring policies.
Veteran preference with a record
Veterans with felony convictions still receive veteran's preference in federal hiring. The preference applies during the selection process, and the criminal history is evaluated separately during the suitability determination. Being a veteran is a significant positive factor that can help overcome criminal history concerns in the suitability process.
Positions in criminal justice reform, reentry, or social services
A growing number of government agencies actively seek employees with lived experience in the criminal justice system for positions in reentry services, peer support, community supervision, substance abuse counseling, and criminal justice reform. These positions may explicitly value people with records. Check job postings from your state Department of Corrections, local reentry coalitions, and social services agencies.
Government Employment — Federal vs. State vs. Local
| Type | Difficulty | Details |
|---|---|---|
| Federal Government (non-law-enforcement, no clearance) | Moderate — Fair Chance Act Applies | Federal agencies cannot ask about criminal history until after a conditional job offer under the Fair Chance to Compete for Jobs Act. The suitability determination considers the nature and recency of offenses, rehabilitation, and job-relatedness. Federal employment offers strong pay, benefits, and job security. Positions at agencies like SSA, IRS (certain roles), VA (non-clinical), GSA, and others may be accessible. |
| Federal Government (security clearance required) | Difficult to Very Difficult | Positions requiring security clearances involve thorough background investigations. A felony conviction does not automatically disqualify, but it triggers careful review under the adjudicative guidelines. Secret clearances may be possible with older, single, non-serious convictions. Top Secret and above are very difficult with any felony. Drug, financial, and dishonesty offenses relate directly to security concerns. |
| State Government | Varies Widely by State | State government hiring policies range from very accessible (states with comprehensive fair chance laws) to very restrictive. Most states with ban-the-box laws apply them to state government employment. Check your state's civil service commission or human resources department for specific policies. State positions in social services, corrections, transportation, and maintenance may be more accessible. |
| Local Government (city, county) | Varies — Often More Accessible | Local governments (cities, counties) often have the most flexibility in hiring. Many cities have adopted ban-the-box ordinances and fair chance hiring policies. Positions in public works, parks and recreation, sanitation, water/sewer, and administrative support may be more accessible than positions involving public safety or vulnerable populations. Local government jobs often provide good benefits and job security. |
How to Apply — Step by Step
Search for federal jobs on USAJOBS.gov
USAJOBS.gov is the official federal job board. Create an account and search for positions that match your skills and experience. Focus on positions that do not require security clearances (the job announcement will specify clearance requirements). Look for positions at agencies with large workforces: USPS, VA, SSA, IRS, Department of Agriculture, National Park Service, and others.
Understand the Fair Chance Act protections
The Fair Chance to Compete for Jobs Act prohibits most federal agencies from requesting criminal history information before a conditional offer of employment. This means your initial application, resume, and interview should be evaluated purely on qualifications. After a conditional offer, the agency will conduct a background check and suitability determination.
Build a strong federal resume
Federal resumes are different from private sector resumes — they are longer and more detailed. Include all relevant experience, education, training, volunteer work, and transferable skills. Do not mention your criminal history in the resume or cover letter — the Fair Chance Act means it should not be requested before a conditional offer. Focus on demonstrating your qualifications for the specific position.
Prepare for the suitability determination
After a conditional offer, the agency will conduct a background investigation and suitability determination. You will complete an SF-85 or SF-86 form. Disclose your criminal history completely and honestly — nondisclosure is grounds for denial and debarment from federal employment. Prepare a written explanation of your rehabilitation, including completion of sentence, employment history, education, and character references.
Exercise your rights if the determination is unfavorable
If you receive an unfavorable suitability determination, you have the right to respond. You can submit additional documentation, request reconsideration, and appeal to the Merit Systems Protection Board (MSPB). Many unfavorable initial determinations are reversed on appeal when applicants provide strong rehabilitation evidence. Consider consulting a federal employment attorney.
Explore state and local government positions
If federal employment is not successful, explore your state and local government job boards. Many state governments post positions on their civil service commission websites. Local governments often post on their city/county HR websites or on general job boards. Check whether your jurisdiction has ban-the-box or fair chance hiring policies that apply to government employment.
Take Action — Direct Links
- USAJOBS — Federal job search
Official federal government job board — create an account and search for positions that match your skills
- OPM — Fair Chance to Compete for Jobs Act
Official OPM page on the federal ban-the-box law, including guidance for applicants with criminal records
- OPM — Suitability and Fitness Standards
Information about how the federal government evaluates criminal history during the suitability determination process
- NELP — Ban the Box: State and Local Guide
National Employment Law Project guide to ban-the-box and fair chance hiring laws in all 50 states and major cities
- Merit Systems Protection Board (MSPB) — Appeals
If you receive an unfavorable suitability determination for federal employment, you can appeal to the MSPB
Frequently Asked Questions
- Can a felon get a government job?
- Yes, many felons work for the government at federal, state, and local levels. The federal government does not have a blanket ban on hiring felons, and the Fair Chance to Compete for Jobs Act prohibits most federal agencies from asking about criminal history until after a conditional offer. Each application is evaluated individually through a suitability determination process. State and local governments vary, but the trend is strongly toward fair chance hiring. The main exceptions are law enforcement, security clearance positions, and positions working with vulnerable populations.
- Can a felon work for the federal government?
- Yes. The Fair Chance to Compete for Jobs Act of 2019 (effective 2021) prohibits most federal agencies and federal contractors from asking about criminal history before a conditional job offer. After the offer, a suitability determination evaluates your criminal history in context — the nature and seriousness of the offense, how long ago it occurred, and rehabilitation evidence. Many positions at agencies like USPS, VA, SSA, IRS, and others are accessible to people with records.
- Can a felon get a security clearance?
- It is possible but very difficult, especially for higher clearance levels. A felony conviction does not automatically disqualify you from a security clearance — each case is evaluated under the adjudicative guidelines. However, the guidelines consider criminal conduct, drug involvement, financial problems, and personal conduct (including dishonesty). A single, older, non-serious conviction with strong rehabilitation may be mitigable for a Secret clearance. Top Secret and higher clearances are extremely difficult with any felony conviction.
- What is the Fair Chance to Compete for Jobs Act?
- The Fair Chance to Compete for Jobs Act of 2019 (also known as the federal ban-the-box law) prohibits federal agencies and federal contractors from requesting criminal history information from job applicants before a conditional offer of employment. This means your qualifications are evaluated first, and criminal history is considered separately after you have been conditionally selected. The law covers most federal positions except law enforcement, national security, and certain other excepted positions.
- What government jobs can a felon get?
- Many government positions are potentially accessible, including: administrative and clerical positions, maintenance and custodial work, IT and technology roles, food service, grounds keeping and parks maintenance, transportation (some positions), warehouse and logistics, social services and casework (particularly reentry-focused), and more. The key factors are whether the position requires a security clearance, involves law enforcement, or involves working with vulnerable populations.
- Can a felon be a city or county employee?
- In many jurisdictions, yes. Local government employment is often more accessible than federal or state because many cities and counties have adopted fair chance hiring policies and ban-the-box ordinances. Positions in public works, parks, sanitation, water/sewer, administrative support, and maintenance are often available. Each jurisdiction has its own policies, so check your specific city or county HR department for criminal history policies.
- Do government background checks show expunged records?
- For federal positions requiring security clearances, the SF-86 form asks about all arrests and charges regardless of disposition, including expunged records. You must disclose expunged records on the SF-86. For non-clearance federal positions, the background check may or may not reveal expunged records depending on the databases used. For state and local government positions, it depends on state law — many states prohibit government employers from considering expunged records for employment purposes.
- What is a suitability determination?
- A suitability determination is the federal government's process for evaluating whether an applicant is suitable for federal employment. It considers factors including criminal conduct, dishonesty, drug use, alcohol abuse, and other conduct issues. The determination weighs the nature and seriousness of the conduct, how recent it was, the age of the person when it occurred, contributing circumstances, and rehabilitation. An unfavorable determination can be appealed to the Merit Systems Protection Board (MSPB).