The Federal Bureau of Investigation is dropping its automatic hiring ban for applicants who have engaged with prostitutes in the past.
Instead of an immediate rejection, the bureau will now review some candidates on a case-by-case basis. According to internal guidance issued this past spring, the FBI still plans to reject anyone who used a prostitute within the last 10 years, did so three or more times overall, or engaged in the behavior while holding a position of public trust.
For other candidates, security screeners will consider the broader context of the behavior. The agency explained that the update accommodates applicants who encountered prostitution in areas where it is legal, as well as those who were victims of sexual abuse or involved as young children.
”It is false to suggest criminal behavior like this is no longer disqualifying at the FBI. Any applicant who has engaged in criminal sexual acts like those referenced would of course not be eligible for employment, and it is ridiculous to suggest otherwise,” the FBI said in an official statement. The agency added that its background checks remain “wide-ranging and extensive” and that it “has and always will maintain some of the highest suitability standards for its applicants and employees in the US Government.”
Every FBI applicant must go through a detailed vetting process. This includes background investigations, neighbor interviews, credit reviews, and polygraph exams designed to expose criminal acts or personal secrets that could lead to blackmail. Factors like felony convictions, domestic violence, drug policy violations, and failed drug tests remain strict disqualifiers.
Daniel Meyer, an attorney specializing in security clearances, noted that disclosing past prostitution during a polygraph has traditionally been a “death knell” for applicants at agencies like the FBI, CIA, and NSA.
The policy change comes as current and former officials express concern about easing recruitment standards across the Justice Department. Federal law enforcement agencies are currently working to replace workers lost to resignations, retirements, and firings.
”If they’re moving the bar for sexual encounters to include prostitution, what is that saying about the applicant pool? They’re trying to bring in more people, which to me indicates that the applicant pool is extremely shallow right now,” said Daniel Brunner, a retired FBI agent.
Former top FBI executive Chris Piehota said he understands showing leniency for mistakes made during an applicant’s youth, noting, “I don’t think you get a better or worse candidate from something you did in your college years.” However, he added that he would be more concerned if the bureau relaxed rules for current agents undergoing security clearance renewals.
Justice Department policy has prohibited all employees from soliciting prostitution since a 2015 directive issued by then-Attorney General Eric Holder. Despite this rule, federal agencies have faced repeated cases of misconduct abroad. As recently as last year, an inspector general investigation found that an FBI supervisory special agent solicited prostitutes overseas using a government-issued phone.
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