---
kind: "section"
citation: "25 C.F.R. § 63.19"
title: "25"
number: "63.19"
heading: "When should an employer deny employment or dismiss an employee?"
url: "https://uscodex.org/cfr/25/63.19"
---

# §63.19. When should an employer deny employment or dismiss an employee?

- (a) An employer must deny employment or dismiss an employee when an individual has been found guilty of or entered a plea of guilty or nolo contendere to any felonious offense, or any of two or more misdemeanor offenses under Federal, State, or Tribal law involving crimes of violence; sexual assault, sexual molestation, sexual exploitation, sexual contact or prostitution; crimes against persons; or offenses committed against children, except as provided in [paragraph (c)](#c) of this section.
- (b) An employer may deny employment or dismiss an employee when an individual has been convicted of an offense involving a child victim, a sex crime, or a drug felony.
- (c) An employer may consider if a pardon, expungement, set aside, or other court order reaches the plea of guilty, plea of nolo contendere, or the finding of guilt.

## Notes

### Amendments

[61 FR 32274, June 21, 1996, as amended at 64 FR 66771, Nov. 30, 1999; 85 FR 37564, June 23, 2020]

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 13, 200, 3201 et seq.; 42 U.S.C. 13041.

### Source

Source: 61 FR 32274, June 21, 1996, unless otherwise noted.

### Amendments

[61 FR 32274, June 21, 1996, as amended at 64 FR 66771, Nov. 30, 1999; 85 FR 37564, June 23, 2020]