Why Are We Hiding Fair Chance Hiring Wins?

By: Cindy Free

I recently came across a LinkedIn post spotlighting an employer who had hired hundreds of team members through a platform that supports fair chance hiring (second-chance) for formerly incarcerated individuals. The results? Outstanding. High retention, strong team performance, and satisfied clients.

But here’s the part that stopped me:

They didn’t want their clients to know where those employees came from.

Read that again.

 

The Value of Fair Chance Hiring

As the owner of a background screening and pre-employment due diligence company, I understand the value of making informed hiring decisions. But let’s be clear—due diligence is not the same as disqualification. My goal isn’t to eliminate candidates with criminal records; it’s to ensure employers are hiring with intention, fairness, and compliance.

People with prior convictions—who’ve served their time and are ready to move forward—deserve a shot at meaningful employment. And frankly, they often turn out to be some of the most loyal, dedicated, and capable employees on a team.

A few years ago, I was training a restaurant team in Washington. Before I walked in, the GM warned me that many of the employees had been incarcerated. But when I met the team, I encountered one of the most engaged, respectful, and prepared groups I’ve ever worked with. It was a powerful reminder: this talent pool isn’t a risk—it’s a resource.

Many individuals returning to the workforce bring with them:

• Job-specific training and certifications
• Business education and entrepreneurship courses
• Personal development and soft skills
• Experience in team-based environments
• Structured reentry plans and accountability systems

At HR Annie Consulting, we’ve supported hundreds of employers in hiring during labor shortages, economic swings, and periods of rapid growth. And nearly every employer says they’re looking for:

• Stronger employee retention
• A more diverse and resilient workforce
• Access to financial hiring incentives
• A positive, purpose-driven culture
• Better talent pipelines
• A reputation as a values-aligned employer

Fair chance hiring delivers on all of this—and more. It also contributes to safer, more stable communities.

So what if something does show up on a background check?

It’s true that there are times when a prior conviction may create legitimate concerns for a specific role. Even in those cases, it’s critical to approach the situation with compliance, transparency, and humanity. Here’s what you need to know to still ensure a fair chance hiring process:

1. Relevance Matters: Many states require employers to assess whether a conviction is directly related to the responsibilities of the job. For example, a DUI may not be relevant for a desk job with no driving requirements.

 

2. Ban-the-Box Laws: Many jurisdictions prohibit asking about criminal history on job applications. That doesn’t mean you can’t define job requirements or miss out on fair chance hiring. For example, it’s appropriate to say, “This role requires passing a background check—would you have any issues meeting that requirement?”

 

3. Time Limitations on Reporting: Depending on where you operate, there may be legal limits on how far back you can consider a conviction history. Most reports only go back 7 years, but this can vary. Know your state and local laws.

 

4. Adverse Action Compliance: If you decide not to move forward based on background check results, you must follow proper adverse action procedures. This includes notifying the candidate, giving them a chance to respond or dispute inaccuracies, and providing required documentation. Background checks can contain errors—wrong names, outdated records, or charges that were later dropped or expunged.

 

A flawed report shouldn’t disqualify a great hire, nor prevent you from engaging in fair chance hiring practices.

If you’re ready to tap into this underutilized workforce, strengthen your team, and ensure compliance while doing the right thing, let’s talk. We can help you build a fair chance hiring process that’s inclusive, compliant, and aligned with your business goals.