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Suitability determinations are made on a case by case basis in accordance with part 731 of title 5, Code of Federal Regulations, for covered positions that are subject to investigation. Covered positions are those in the competitive Federal service, those in the excepted service that noncompetitively convert to the competitive service, or career appointments to positions in the Senior Executive Service. This regulation does not apply to military personnel, positions in the excepted service other than those subject to suitability, or contractors.
A felony conviction does not automatically make one unsuitable for Federal employment. When making a suitability determination, an agency will evaluate the individual’s character traits and decide whether their employment or continued employment would or would not protect the integrity or promote the efficiency of the service. The factors that may form the basis for finding a person unsuitable can be found under 5 CFR 731.202(b) and include criminal or dishonest conduct.
To the extent deemed pertinent to an individual’s case, the agency making the determination must give consideration to the additional considerations found under 5 CFR 731.202(c) which include things like the nature of the position for which the person is applying, the circumstances surrounding the conduct, the recency of the conduct, and the absence or presence of rehabilitation.
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