A felon is someone who commits a serious crime such as homicide, larceny, rape, arson, burglary or another violent or non-violent offense. Despite their convictions, felons can apply for and obtain employment, and employers must follow federal laws when interviewing and hiring applicants with criminal records.
Background Checks
Most employers perform background checks on job applicants to verify skills, education and work history. These checks help ensure accuracy in hiring decisions.
Employers may not use background checks to automatically exclude candidates with criminal records, including arrests, misdemeanors or convictions, when those records are not job-related. Blanket exclusions can run afoul of federal discrimination rules.
Employment Interviews and Hiring Practices
The Equal Employment Opportunity Commission (EEOC) issues guidance on how employers should consider arrest and conviction records. The guidance emphasizes fair, individualized assessments rather than automatic disqualification.
EEOC guidance
- Employment policies may not automatically exclude anyone from consideration.
- Job applications should avoid blanket questions about convictions unless directly relevant to the position.
- Employers should not exclude applicants based on criminal records when the offense is unrelated to job duties.
- Decisions should consider circumstances such as the facts of the offense, the number of offenses, the person’s age at the time, rehabilitation efforts, and work history before and after the offense.
- Applicants should be given an opportunity to explain their records.
Recent court cases
Court decisions and EEOC actions have clarified that overly broad policies barring anyone with a criminal history can be unlawful.
- An automaker’s policy barring facility access to anyone with certain convictions was found too broad because it lacked job-specific considerations.
- A national retailer terminated an applicant after a mistaken criminal charge and did not correct the decision despite the applicant’s explanation.
- Public school employees were found to have been unlawfully fired after background checks that did not properly consider individual circumstances.
Benefits of Hiring Felons
Employers who hire rehabilitated individuals can gain reliable, dedicated workers who may develop longevity and advancement within the company. There are also federal incentives, such as the Work Opportunity Tax Credit, that can offset hiring costs for eligible hires.
Employers concerned about coverage and exposures related to hiring should review Hiring (Insurance Exposures) for guidance on insurance needs and risk management.
Organizations that work with staffing firms or use employee leasing arrangements can find specialized guidance at PEO / Employee Leasing / Temporary Employment Insurance.
Felons are protected from unlawful discrimination, and employers should stay informed about fair hiring practices. If you need personalized advice about hiring, insurance or compliance, consider contacting coverage professionals or talk to an agent.
Frequently Asked Questions
Can someone with a felony conviction apply for most jobs?
Yes. Many employers consider applicants with felony convictions, especially when the offense is unrelated to the job and the applicant shows rehabilitation.
Are employers required to run background checks?
Not always; background checks are common but not mandatory. Whether an employer runs a check depends on the employer’s policy and the nature of the position.
What factors should employers consider when reviewing a conviction?
Employers should consider the nature and gravity of the offense, time elapsed since the conviction, evidence of rehabilitation, and whether the conviction relates to the job duties.
Are there incentives for hiring people with criminal records?
Yes. Programs such as the Work Opportunity Tax Credit may provide tax incentives for hiring eligible individuals who face employment barriers.