Federal · Title 5 — Government Organization and Employees

5 U.S.C. § 7371: Mandatory removal from employment of law enforcement officers convicted of felonies

Civil

What this law says, in plain English

This statute requires law enforcement agencies to remove officers convicted of felonies from employment, with procedures for notice, appeal reversal remedies, and timing requirements.

Read the full statutory text

“conviction notice date” means the date on which an agency that employs a law enforcement officer has notice that the officer has been convicted of a felony that is entered by a Federal or State court, regardless of whether that conviction is appealed or is subject to appeal; and “law enforcement officer” has the meaning given that term under section 8331(20) or 8401(17). Any law enforcement officer who is convicted of a felony shall be removed from employment as a law enforcement officer on the last day of the first applicable pay period following the conviction notice date. This section does not prohibit the removal of an individual from employment as a law enforcement officer before a conviction notice date if the removal is properly effected other than under this section. This section does not prohibit the employment of any individual in any position other than that of a law enforcement officer. If the conviction is overturned on appeal, the removal shall be set aside retroactively to the date on which the removal occurred, with back pay under section 5596 for the period during which the removal was in effect, unless the removal was properly effected other than under this section. If removal is required under this section, the agency shall deliver written notice to the employee as soon as practicable, and not later than 5 calendar days after the conviction notice date. The notice shall include a description of the specific reasons for the removal, the date of removal, and the procedures made applicable under paragraph (2). the employee is a law enforcement officer; the employee was convicted of a felony; or the conviction was overturned on appeal. A removal required under this section shall occur on the date specified in subsection (b) regardless of whether the notice required under paragraph (1) of this subsection and the procedures made applicable under paragraph (2) of this subsection have been provided or completed by that date.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.