§7371 Mandatory Removal From Employment of Law Enforcement Officers Convicted of Felonies

Summary

A federal law enforcement officer who is convicted of a felony must be removed from their law enforcement job on the last day of the first pay period that applies after the agency learns of the conviction. Conviction notice date means the day the employer is told a federal or state court entered a felony conviction, even if the conviction is appealed. Law enforcement officer uses the definition in sections 8331(20) or 8401(17). If the conviction is later overturned, the removal is undone back to the removal date and the officer gets back pay under section 5596, unless the removal was properly done for some other reason. The agency must give written notice to the employee no later than 5 calendar days after the conviction notice date, saying why and when the removal happens and what appeal rules apply. The appeal rules in section 7513(b)(2),(3),(4),(c),(d),(e) apply, but the employee may only challenge whether they are a law enforcement officer, whether they were convicted of a felony, or whether the conviction was overturned. The required removal still takes effect on the date above even if the notice or appeal steps are not finished.