Federal Manager's Daily Report

WH drops proposal to require applicant disclosure of charges being dropped through diversion program.

The Trump administration has dropped a proposed hiring policy rule change that would require applicants to disclose whether they have participated in diversion programs, according to several publications.

Draft regulations OPM proposed in February included language that would have required job applicants to disclose whether they had been subject to such programs, which allow individuals to agree to certain conditions in lieu of criminal prosecution and to have any potential charges dismissed if they comply.


The notice went largely unnoticed for several months until it came to the attention of groups active in criminal justice matters, and a group of four senators then objected, saying that “if prosecutors have determined that participation in a diversion program is sufficient, the federal government should not craft rules that undermine that judgment.” A separate letter from two senators made similar arguments.

According to the reports, the administration is dropping the effort in light of the opposition and as part of its overall criminal justice policy. The proposal also ran counter to a bipartisan effort on Capitol Hill to change the law to “ban the box”—to generally bar agencies from asking about criminal history until after a conditional offer of employment has been made.