Title 5 — Government Organization and EmployeesRelease 119-73

§9205 Procedures

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 › § 9205

Last updated Apr 6, 2026|Official source

Summary

The Director of the Office of Personnel Management must create rules that let someone appeal any adverse action under section 9204. The appeal process must be available no later than 30 days after the action. Those adverse actions, and the decision on that appeal, cannot use chapter 75 procedures and cannot be appealed or reviewed in court, except for the appeal the Director’s rules provide.

Full Legal Text

Title 5, §9205

Government Organization and Employees — Source: USLM XML via OLRC

(a)The Director of the Office of Personnel Management shall by rule establish procedures providing for an appeal from any adverse action taken under section 9204 by not later than 30 days after the date of the action.

(b)An adverse action taken under section 9204 (including a determination in an appeal from such an action under subsection (a) of this section) shall not be subject to—

(1)the procedures under chapter 75; or

(2)except as provided in subsection (a) of this section, appeal or judicial review.

Reference

Citations & Metadata

Citation

5 U.S.C. § 9205

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73