Fair hiring is at the core of fostering inclusive, diverse workplaces. Yet, hiring candidates with criminal records presents a challenge for many businesses. How do you balance the need to screen responsibly while ensuring you’re not discriminating against qualified candidates? This guide breaks down key strategies to help HR professionals and business leaders approach criminal background checks in a manner that’s both effective and equitable.
The Challenge of Screening Candidates with Criminal Records
According to the U.S. Department of Justice, nearly 1 in 3 American adults has a criminal record. For hiring managers, this statistic emphasizes how common it is for otherwise qualified candidates to have some form of criminal history. But here’s where the issue gets complicated. Ignoring candidates solely based on a record risks introducing bias into the hiring process, narrowing talent pools, and perpetuating inequity.
A blanket ban on applicants with criminal history can also backfire. Many state and local governments have enacted “Ban the Box” laws, which require employers to delay criminal record inquiries until later in the hiring process. Noncompliance can result in legal and reputational consequences for a business.
Why Hiring Inclusively Matters
Hiring inclusively isn’t just about compliance. It’s also about improving business outcomes and contributing positively to society. Studies from organizations like the Society for Human Resource Management (SHRM) have shown that candidates with criminal records often perform just as well, if not better, in the workplace compared to their peers. Giving individuals a second chance can also enhance employee morale, boost loyalty, and position your organization as a leader in corporate social responsibility.
Developing a Fair Hiring Strategy
To screen candidates with criminal records responsibly, HR professionals and business leaders must adopt policies that are both effective and equitable. Below are actionable steps to help strike the right balance.
1. Understand the Laws That Apply to You
Start by familiarizing yourself with federal, state, and local laws regarding criminal background checks. For example:
- Ban the Box laws: These prohibit asking about criminal history on job applications and typically require delaying background checks until after the initial interview.
- Title VII of the Civil Rights Act: Administered by the Equal Employment Opportunity Commission (EEOC), this law prohibits policies that disproportionately exclude certain racial or ethnic groups.
Whether your business operates in one state or across multiple regions, understanding these rules ensures compliance and minimizes legal risk.
2. Customize Background Checks for the Role
One of the most common mistakes in screening candidates is applying the same background check criteria across all job roles. This can lead to unnecessary exclusions. Instead, tailor your screening process to the specific responsibilities of each role. For example:
- A criminal record involving financial fraud may be relevant for someone applying to manage company finances but less so for a warehouse job.
- A decades-old misdemeanor may have little bearing on a candidate’s ability to perform day-to-day administrative duties.
Taking a nuanced approach helps ensure that the process focuses only on what’s relevant and necessary for the role.
3. Adopt a Delayed Background Check Policy
To avoid bias creeping into early screening, adopt a “Ban the Box” approach, even if your business operates in a region without such mandates. Wait until later in the hiring process to conduct criminal background checks, such as after the candidate has been interviewed and assessed based on their qualifications.
This allows candidates to present their skills and experiences without being prematurely disqualified due to a criminal history.
4. Consider the Context of Offenses
When criminal records are revealed, examine the context carefully. Consider factors such as:
- How long ago the offense occurred: A record from 10 years ago may have little relevance to the candidate’s current abilities or character.
- The type of offense: Not all offenses are equal. Evaluate whether the nature of the crime has any bearing on the role.
- Evidence of rehabilitation: Has the candidate demonstrated growth, such as obtaining certifications, achieving stable employment, or contributing to their community since the offense?
Weighing these factors against the demands of the role ensures you’re assessing each candidate on a case-by-case basis.
5. Communicate Transparently with Candidates
Fostering trust during the hiring process is essential, especially for candidates with criminal records. Be upfront about your background check process and offer candidates the opportunity to explain their record if anything arises. Providing space for context can go a long way in building credibility between your business and potential hires.
Transparency also reduces the likelihood of misunderstandings or disputes later on.
6. Offer Second-Chance Opportunities
Second-chance hiring policies are gaining momentum, with several companies taking the lead in providing individuals with a history of incarceration the opportunity to rebuild their careers. Employers like Walmart and Target have successfully implemented programs to recruit talented workers with criminal records, and they’ve reported positive outcomes.
Develop similar initiatives within your organization by partnering with community groups or nonprofits that specialize in workforce reintegration programs.
Building Fair Hiring into Your Company Culture
Beyond adjusting your hiring practices, building a culture of inclusivity and fairness is vital. Educate your HR team and managers about unconscious bias during interviews or decision-making processes. Encourage open conversations about the benefits of second-chance hiring, and regularly review policies to ensure they align with evolving legal, social, and business landscapes.
When fairness and opportunities take precedence over prejudice, your workplace becomes stronger and more dynamic.
Making Responsible Hiring the Standard
Hiring individuals with criminal records responsibly and without discrimination is not just the right thing to do; it’s a smart business strategy. By following these steps, HR professionals and business leaders can tap into new talent pools, comply with regulations, and help pave the way for a more inclusive workforce.
Plexus Global: Hire Safely With Knowledge
Plexus Global is a California-based background screening company serving organizations all over the U.S. and abroad.
Contact us today by telephone (844-516-1008), email (sales@plexusglobalinc.com), or through our social media accounts on Facebook, Twitter, and LinkedIn.
