Title 5 — Government Organization and EmployeesRelease 119-73

§9204 Adverse action

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart H— - Access to Criminal History Record Information › Chapter CHAPTER 92— - PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL OFFER › § 9204

Last updated Apr 6, 2026|Official source

Summary

If the OPM Director finds an employee broke section 9202 after giving notice and a chance for a hearing, the Director must give the employee a written warning that explains the rule broken and possible future penalties. The Director must put that warning in the employee’s official personnel file. If the employee breaks the rule again, the Director may punish them: a second violation can bring a suspension up to 7 days; a third can bring a suspension longer than 7 days; a fourth can bring a suspension longer than 7 days and a fine up to $250; a fifth can bring a suspension longer than 7 days and a fine up to $500; any later violation can bring a suspension longer than 7 days and a fine up to $1,000.

Full Legal Text

Title 5, §9204

Government Organization and Employees — Source: USLM XML via OLRC

(a)If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall—

(1)issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and

(2)file such warning in the employee’s official personnel record file.

(b)If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:

(1)For a second violation, suspension of the employee for a period of not more than 7 days.

(2)For a third violation, suspension of the employee for a period of more than 7 days.

(3)For a fourth violation—

(A)suspension of the employee for a period of more than 7 days; and

(B)a civil penalty against the employee in an amount that is not more than $250.

(4)For a fifth violation—

(A)suspension of the employee for a period of more than 7 days; and

(B)a civil penalty against the employee in an amount that is not more than $500.

(5)For any subsequent violation—

(A)suspension of the employee for a period of more than 7 days; and

(B)a civil penalty against the employee in an amount that is not more than $1,000.

Reference

Citations & Metadata

Citation

5 U.S.C. § 9204

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73