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

Summary

If a law enforcement officer is convicted of a felony, the officer must be removed from their law enforcement job on the last day of the next pay period after the employer learns about 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 being appealed. "Law enforcement officer" means the same as in 8331(20) or 8401(17). An agency may still remove someone earlier if it follows other proper removal rules. The person can still be hired in a non‑law‑enforcement job. If the conviction is overturned on appeal, the removal is undone back to the removal date and the person gets back pay under section 5596, unless the earlier removal was properly done under other rules. The agency must give written notice no later than 5 calendar days after the conviction notice date explaining the reasons, the removal date, and the appeal steps. The appeal procedures in section 7513(b)(2),(3),(4),(c),(d),(e) apply, but the officer can only challenge whether they are a law enforcement officer, whether they were convicted of a felony, or whether the conviction was overturned. Removal still occurs on the scheduled date even if notice or those procedures are not finished.