5 U.S.C. § 9202 — Limitations on requests for criminal history record information

(a) Before a conditional offer^*. Unless subsection (b) or (c) applies, an agency^* employee may not orally, in writing, or electronically—including through the federal employment form, USAJOBS, or a successor—ask a civil-service applicant to disclose criminal-history record information before the appointing authority^* makes a conditional offer. (b) Other legal requirement. The ban does not apply when another law requires considering that information before the offer. (c)(1) Certain positions. The ban does not apply to a position (A) requiring an eligibility determination described in section 9101(b)(1)(A)(i), (ii), or (iii); (B) as a Federal law-enforcement officer as defined in 18 U.S.C. § 115(c); or (C) identified by OPM regulations. (2)(A) OPM’s Director must issue regulations identifying additional positions, considering positions involving minors, sensitive information, or financial transactions. (B) The regulations must (i) comply with and not supersede, restrict, or limit title VII of the Civil Rights Act of 1964 or other relevant Federal civil-rights laws, and (ii) ensure hiring under them is consistent with those laws.