The Fair Chance Act

Unless otherwise required by law, an agency employee may not request, in oral or written form, that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant.

An applicant may submit a complaint, or any other information, to the agency within 30 calendar days of the date of the alleged violation by a Presidio Trust employee.

Applicants must provide a written complaint or any other necessary information to the Presidio Trust to evaluate whether non-compliance with the Fair Chance Act occurred. Complaints should include the name and contact information of the Presidio Trust employee or contractor who made contact (if known); date of when contact was made; details regarding the job opportunity announcement applied to; and copies of any documents or other evidence related to the complaint.

The Presidio Trust will conduct outreach according to its procedures when an applicant initiates contact related to timing of criminal history inquiries. Our vacancy announcements inform the applicant of our procedure for submitting a complaint. Regulations require applicants to file their initial complaint with the Presidio Trust. Upon receipt and investigation, the Presidio Trust will forward its findings to OPM for action.

Yes. An applicant may select a representative of their choice to assist throughout the complaint process. We may disallow as an applicant’s representative an individual whose activities as a representative would cause a conflict of interest or position, when the applicant designates an agency employee who cannot be released from their official duties because of the priority needs of the Government, or when the applicant designates an agency employee whose release would give rise to unreasonable costs to the Government. If we disallow the applicant’s chosen representative, we will notify the applicant in writing as soon as practicable.

The Presidio Trust has discretion to determine the appropriate fact-finding methods that efficiently and thoroughly address the matters at issue. In the event the investigator needs additional information from the applicant, the applicant will be given a reasonable amount of time, typically ten calendar days, to respond to any such request for information.

No. Neither the Fair Chance Act nor OPM regulations require that an applicant be notified of the outcome of a complaint. As an interested party, an applicant may submit a Freedom of Information Act request to obtain any releasable information about the investigation and outcome.