Few moments are more frightening for a federal employee than receiving a notice of indefinite suspension tied to a criminal charge, indictment, arrest, or ongoing investigation.
Federal agencies often move quickly—and aggressively—when an employee is accused of criminal misconduct, even before any facts are verified.

You may receive only vague information.
Your supervisor may tell you “we have no choice.”
Security or OIG may already be involved.
Your badge and access may be taken away.
Your clearance may be suspended.

And suddenly your career, benefits, reputation, and future are on the line.

This guide is the most comprehensive federal-employee resource on indefinite suspensions, explaining your rights, how agencies misuse these actions, how to fight back, and why NSLF is the nation’s leading federal employment law firm for employees facing criminal-related suspensions.

If you received an indefinite suspension or are under criminal investigation, speak with an insider attorney immediately:
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What Is an Indefinite Suspension?

An indefinite suspension removes a federal employee from duty and pay status for an unspecified period of time, typically until:

  • Criminal charges are resolved

  • An investigation concludes

  • A security clearance decision is made

  • Medical or suitability issues are addressed

Unlike a disciplinary suspension (14 or 30 days), indefinite suspensions are adverse actions—and you have full MSPB appeal rights.

Agencies must prove:

  1. The suspension promotes the efficiency of the service

  2. There is a nexus between the alleged misconduct and your job

  3. The reason for the suspension is legitimate (e.g., indictment, imprisonment, license loss, clearance suspension)

  4. Due process was provided

Agencies frequently mishandle these standards, giving employees strong grounds for reversal or settlement.

Why Federal Employees Are Placed on Indefinite Suspension

Indefinite suspensions usually fall into four categories:

Criminal Charges or Indictment

Even if the charges are unrelated to your job or entirely unproven, agencies may impose an indefinite suspension based solely on:

  • Arrest

  • Criminal complaint

  • Indictment

  • Prosecutor investigation

  • Pending trial

Presumption of innocence does not prevent agencies from taking action.

Ongoing Criminal or Law Enforcement Investigation

This is common when the employee is under investigation by:

  • OIG

  • OPR

  • DOJ

  • FBI

  • Local police

  • State investigators

  • Federal prosecutors

Agencies frequently claim “we cannot discuss details” while still suspending you.

Security Clearance Suspension

If your clearance is suspended due to alleged criminal conduct, agencies often use it to justify an indefinite suspension.

Required License or Certification Loss

For employees in law enforcement, medical, aviation, IT/cybersecurity, or public trust positions, the loss of a required credential can trigger an indefinite suspension.

How Criminal Allegations Lead to Indefinite Suspension

Criminal cases move slowly—but agencies act fast to protect themselves. A typical sequence looks like this:

  1. Allegation emerges (internal or external)

  2. Security or OIG interviews the employee

  3. The employee is placed on administrative leave

  4. Agency suspends the employee’s clearance or access

  5. Agency issues a proposed indefinite suspension

  6. Employee receives a short deadline to respond

  7. Suspension becomes indefinite until case resolution

Even if you are innocent or charges are dismissed, agencies may still move toward removal.
This is why early representation is critical.

Your Due Process Rights in an Indefinite Suspension

You are entitled to:

  • Written notice of the proposed suspension

  • Access to the evidence (though agencies often withhold it improperly)

  • A meaningful chance to respond

  • Representation

  • A written decision

  • MSPB appeal rights

Many agencies violate due process by:

  • Providing vague charges

  • Refusing to disclose key evidence

  • Rushing the proposal

  • Mishandling nexus requirements

  • Misapplying security clearance law (Egan)

  • Using the criminal case as a substitute for their own proof

Each of these issues becomes powerful MSPB leverage.

Nexus: The Government’s Weakest Argument

Agencies must prove a nexus between the alleged conduct and your federal job.

But MSPB repeatedly holds:

  • Off-duty criminal allegations do not automatically establish nexus

  • Pending charges do not prove misconduct

  • Arrests and indictments are not proof of guilt

  • Agencies must show actual job impact

This is where attorneys win many cases.

The Impact on Security Clearances

Most indefinite suspensions triggered by criminal allegations also impact security clearances.
Common clearance concerns include:

  • Criminal conduct

  • Alleged dishonesty

  • Questionable judgment

  • Reliability concerns

  • Misuse of alcohol

  • Domestic disputes

  • Violence allegations

  • Financial fallout from legal fees

Clearance suspension often becomes the agency’s main justification for indefinite suspension—whether the employee actually committed any misconduct or not.

NSLF fights these cases by addressing the clearance and the adverse action simultaneously.

Should You Resign When Facing an Indefinite Suspension?

Almost never.

Resignation:

  • Does not stop the investigation

  • Does not protect your clearance

  • Does not erase allegations

  • Does not prevent internal file documentation

  • Eliminates your MSPB rights

  • Eliminates your settlement leverage

  • Looks like “consciousness of guilt” in future background checks

This is one of the most dangerous mistakes a federal employee can make.

How NSLF Defends Indefinite Suspension Cases

As former agency counsel, JAGs, prosecutors, IG advisors, clearance adjudicators, and federal insiders, NSLF attorneys use a multi-layered defense strategy.

Our approach includes:

  • Challenging nexus

  • Attacking the agency’s evidence

  • Identifying due process violations

  • Demanding full disclosure of evidence

  • Separating criminal allegations from job performance

  • Leveraging MSPB case law limiting indefinite suspensions

  • Challenging misuse of Egan

  • Preserving Fifth Amendment protections

  • Protecting clearance eligibility

  • Negotiating reinstatement or mitigated penalties

  • Securing clean-record settlements where possible

Indefinite suspensions are highly winnable—especially when the criminal case is weak, stale, unclear, or dismissed.

Why Federal Employees Choose NSLF

  • 4.9-star nationwide reputation:
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  • Former agency counsel and JAG officers

  • Experience with OIG, DOJ, FBI, and security investigations

  • Experts in clearance and adverse action overlap

  • DC-based, federal-only law firm

  • Attorney Review Board for complex cases

  • Disabled-veteran-founded firm

  • Financing available through Affirm

  • Outcome-driven strategy—maximize long-term career value

We know how federal agencies think because we once sat on the other side of the table.

Frequently Asked Questions About Indefinite Suspensions Based on Criminal Allegations

Can the agency suspend me without proving the allegations?

Yes.
Agencies can suspend you based on an indictment, arrest, or investigation before any guilt is proven. This is why challenging nexus and due process is vital.

Do I have to tell the agency details about my criminal case?

No.
You should not discuss the facts of the alleged crime with HR, OIG, supervisors, or security.
You risk self-incrimination. Let your attorney speak for you.

Will I get paid during an indefinite suspension?

No.
Indefinite suspension removes you from duty and pay status unless you win restoration or interim back pay.

Can I fight an indefinite suspension if the criminal case is ongoing?

Yes.
You can challenge:

  • Nexus

  • Due process

  • Evidence sufficiency

  • Misapplication of policy

  • Clearance misuse

MSPB does not require criminal charges to be resolved first.

What if the criminal charges are dropped or dismissed?

You should immediately seek:

  • Reinstatement

  • Back pay

  • Removal of suspension records

  • Clearance restoration

Agencies often try to move to removal anyway—NSLF stops this fast.

If the suspension is based on clearance, can MSPB review it?

MSPB can review:

  • Due process

  • Nexus

  • Whether Egan was applied correctly

  • Whether the agency followed proper procedures

MSPB cannot review the underlying clearance decision but can reverse the adverse action if the agency misused the clearance issue.

Can I negotiate a clean-record settlement?

Yes—clean-record settlements are common in indefinite suspension cases, especially when criminal matters are dismissed or unproven.

Should I resign while under an indefinite suspension?

Never.
Resigning harms:

  • Clearance

  • Suitability

  • Future employment

  • Benefits

  • Unemployment eligibility

And it eliminates your MSPB rights.

Do you represent employees nationwide?

Yes.
NSLF represents federal employees across all 50 states and overseas installations.

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If you are facing an indefinite suspension based on alleged criminal conduct, an indictment, arrest, or investigation, do not face the agency or investigators alone.

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