The hiring landscape is intricate and one of its areas that often raises questions is the practice of considering candidates with criminal records. For many businesses, the thought of hiring someone with a past conviction can seem like it treads near the edge of risk and liability. But believe it or not, a vast army of evidence advocates for the practice better known as “second-chance hiring”—the act of employing individuals with criminal records or a national pardon and giving them a shot at being part of your workforce. And the evidence says this can be a powerful strategy for building a diverse and loyal workforce.

This blog post provides practical tips for businesses that want to responsibly and effectively hire employees with criminal records or pardons, turning what some might see as an especially “challenging” recruitment process into a smooth and beneficial experience for all parties involved.

The Shifting Landscape: Why Second-Chance Hiring is Gaining Traction

Traditionally, having a criminal record made it almost impossible to find a job. But that’s changing. Society is starting to see ex-offenders as a group that has been unfairly discriminated against. They’re pushing for laws that make it harder for employers to use criminal records as a reason not to hire. Even when laws don’t change, though, some organizations are voluntarily choosing to not use criminal records as a factor in hiring.

There is a multitude of compelling business reasons, beyond just legal compliance, to think about second-chance hiring.

Broadened Talent Pool: Roughly 70 million Americans have a criminal past. Not considering this huge segment cuts way too deep into what should be a growing and vibrant labor pool, especially in an economy that only seems to be getting tighter.

Improved Retention Rates: Research indicates that employees who have criminal backgrounds—when given a chance—are much more likely to stay with a company, and for good reasons. They turn over much less frequently (or not at all), and for reasons that are much less frequently tied to job dissatisfaction. How many unhappily working employees do you know who are on the verge of quitting? For many of them, it’s a feeling of being trapped. They can’t quit without a job lined up, and they can’t find one without a working resume and some job references. That feeling obviously undercuts motivation and loyalty. By contrast, employees with criminal records are so grateful to have a second chance that you can’t help but see their situation as one that’s ripe with much greater potential for high motivation, high loyalty, and low turnover.

Diversity and Inclusion: Embracing second-chance hiring aligns with wider diversity and inclusion efforts. It helps make second-chance hiring more equitable and representative. It is an important part of making this workforce more diverse.

Reduced recidivism, stronger communities, and a more just society are made possible by the employment opportunities that businesses create. Your company may also enjoy enhanced public image and brand reputation because of this positive social impact.

Underutilized Potential: Numerous people with misdemeanor and felony convictions possess rare talents, superb job skills, and an ironclad work ethic. This is part of their not-so-secret formula that makes them hold a better-than-average chance of succeeding after they are released. Yet, despite the odds being in their favor, a number of citizens in this demographic are rejected for jobs, for housing, and for respect.

Tips for Responsibly Hiring Employees with a Criminal Record

While the advantages are evident, responsible recruitment demands a careful strategy. This is how to navigate the process effectively:

1. Understand Your Legal Obligations and Protections

“Ban the Box” Laws: Understand the local, state, and federal “Ban the Box” regulations. These laws generally prohibit employers from inquiring about an applicant’s criminal history in the early stages of the hiring process. They allow the employer to probe later, often after they have extended a conditional offer of employment.

EEOC Guidance: The Equal Employment Opportunity Commission (EEOC) offers direction on the use of criminal records in hiring decisions. The EEOC does not recommend excluding large groups of people and instead urges employers to look at the offending individual’s particular circumstance. The Commission considers a variety of factors when making its recommendations, including the following:

 – the nature and gravity of the offense;

 – the time that has passed since the conviction; and

 – the nature of the job.

Negligent Hiring Claims: Although a problem, negligent hiring claims can be lessened by a consistent and fair hiring process. When it comes down to it, you must prove that you made a reasonable effort to assess whether the applicant was right for the role they were hired into. Always consult legal counsel to make sure you’re in compliance.

2. Implement a Fair and Consistent Hiring Process

Job descriptions that are clear: Make certain that your job descriptions truly describe the essential functions and qualifications that are necessary to perform the job. This ensures that you can fairly and OP, assess all candidates.

Focus on Certifications First: Ensure that all candidates for the initial screen have the skills, experience, and work ethic necessary to perform the job duties. Evaluate them primarily on their performance ability.

Develop a Policy: Draft an unambiguous, written policy for considering criminal records in your hiring process. This guarantees consistency and transparency.

Personalized Review: If a pre-employment background check shows a criminal history, perform a personalized review rather than disqualifying the applicant automatically. Take into account the following:

3. Nature and gravity of offense: Is it pertinent to the job responsibilities?

The period that has passed since the conviction or completion of the sentence: An extended duration without additional incidents is indicative of rehabilitation.

The nature of the job being applied for: Is the conviction directly related to the specific duties of the job?

Proof of rehabilitation: Has the individual made any moves that indicate a serious commitment to rehabilitation? This might include the sorts of things we normally think of when we think of rehabilitation, education or training, or therapy, it might also extend to things like community service or involvement in positive social movements. Has this person done anything that suggests they are less likely to engage in criminal behavior in the future? Navigating the hiring landscape can be complex, and one area that often raises questions is the consideration of candidates with criminal records. For many businesses, the idea of hiring someone with a past conviction can seem daunting, conjuring images of risk and liability. However, a growing body of evidence suggests that “second-chance hiring”—the practice of employing individuals with criminal records—can be a powerful strategy for building a loyal, productive, and diverse workforce.

4. Conduct Thorough and Relevant Background Checks

• Timing is Key: Background checks should usually be run after a conditional job offer is made, as most “Ban the Box” laws mandate.
• Scope: Make sure the background check is pertinent to the position and follows all legal requirements. Don’t go overboard. Zero in on crimes that have a direct connection to the job’s duties or that constitute a menace to office security or to people or property.
• Esteemed Companies: Hire accredited background check companies that comply with the Fair Credit Reporting Act (FCRA).
• Process of Taking an Unfavorable Action: If you choose not to hire someone based on information from a background check, you must follow the adverse action process in the Fair Credit Reporting Act. This involves giving notice to the applicant before taking adverse action, along with a copy of the report, so they can tell you if the report is wrong, and then, if you’re still going to take the adverse action, sending an unfavorable action notice.

5. Foster a Supportive and Inclusive Work Environment

• Manager Training: Prepare your managers and supervisors to successfully integrate and support employees with criminal records into the workforce. This means offering a top-down understanding of the kinds of problems employees with records could have and nice as well as necessary ways of addressing those problems.
• Programs for Mentorship: Think about setting up programs for mentorship that would offer a layer of support and direction above and beyond what is typically given to new hires. This could be particularly helpful for some hires who have been out of the workforce for a while.
• Concentrate on Effectiveness: After bringing someone on board, consider the graduates of the correctional system no differently than you would any other employee. Evaluate them on the basis of how well they do the work you’re paying them to do, the way a normal person would do the normal work expected with no special conditions.
• Communication Open: Make an atmosphere in which employees find it easy to seek help when they are in trouble, whether that trouble is related to their past or not.

6. Leverage Available Resources

• Work Opportunity Tax Credit (WOTC): If employers recruit people from specific target groups, they might be able to draw on a useful source of funds for the paychecks of those they hire. And these specific target groups might include people like your clients.
• Community Organizations: Collaborate with non-profits, programs for re-entry, and agencies that develop workforces and specialize in helping people with criminal records. These organizations frequently prescreen applicants, provide useful training, and offer helpful support. They make good partners.
• Programs of the Government: Investigate how the programs at the federal and state levels work to make the hiring of people with criminal records a real opportunity.

Conclusion

Employing individuals with criminal records is not only a magnanimous act but also a wise business decision that can yield significant returns. The legal landscape surrounding hiring of individuals with criminal records has changed dramatically in recent years. More and more, the judicial system is working to expunge old records and give individuals a fresh start. Many states now have laws against asking job applicants about criminal history until after a job offer is made. Even if your state doesn’t have such a law, asking about criminal history at the beginning of the hiring process is discriminatory and illegal under Title VII of the 1964 Civil Rights Act.