Clean Record Settlement Agreements and the Law (PDF)

This report discusses the prevalence of clean record settlement agreements and the importance of parties making careful decisions about what an agreement will cover and choosing words that accurately express their intentions. The report uses case law to illustrate how the precise wording of a clean record agreement (CRA) and the specific facts and circumstances surrounding the implementation of a CRA can make the difference between a resolved conflict and a costly resumption of litigation. It discusses the use of language to narrow the obligations of a party and the inability of a CRA to bind entities that are not a party to the agreement. Particular attention is paid to the issue of background checks and security investigations. Federal employees, their supervisors, agency management, union personnel, especially Human Capital officers and employees across the U.S. Federal Government may be interested in this report. Additionally, members of Congress, and Federal managers within the Office of Management and Budget, and Office of Personnel Management that is responsible for policy making authority may find this guide helpful as a reference with human resources and civil service matters. Additionally, students pursuing research for courses within these fields, especially public administration, human resources, employment law, organizational development, and industrial-organizational psychology may find this primary source document that deals with civil service issues helpful for assignments.