Many states and cities limit when employers can ask about criminal records and how they can use that information. These laws aim to give qualified applicants a chance to be judged on their skills first.
What these laws do
- Delay questions about criminal history until later in the hiring process, often after an interview or conditional offer.
- Require employers to consider the nature of the offense, time passed and relevance to the job.
- Require notice and a chance to respond before a decision is final.
- Cover public employers in many places and private employers in a growing number.
Federal guidance
Federal agencies, including the Equal Employment Opportunity Commission, advise that blanket exclusions based on criminal records may violate anti-discrimination law if they disproportionately affect protected groups and are not job related and consistent with business necessity. The guidance encourages individualized assessment, but details of enforcement and local laws vary.
What employers may consider
- The type and seriousness of the offense.
- How long ago it happened.
- What the job duties are and whether the offense relates to them.
- Legal restrictions that bar certain jobs, such as some health care or child care roles.
Talking about your record
When asked, be honest, brief and forward-looking. State what happened, take responsibility, describe what you have done since, such as work, training or community involvement, and connect your skills to the job. Do not lie, since false answers can be grounds for firing.
If you are rejected
Ask in writing whether the decision was based on a background report and request a copy. If a screening company was used, you have rights to dispute errors. If you believe a fair chance law was violated, you may file a complaint with the state or local agency or the EEOC, subject to deadlines.
Improving your record status
Consider expungement, sealing, certificates of rehabilitation or pardons where available, which can improve your position. Legal aid and reentry organizations often help for free. See our guides to expungement and pardons.
Licensing and special jobs
Some professions require licenses that may restrict applicants with certain convictions, and rules differ by state. Check the licensing board's policies and consider asking for a pre-application determination.
Real-life scenarios
- An applicant is asked about a conviction only after the interview, as local law requires.
- A worker receives a notice and submits evidence of rehabilitation within the response window.
- A job seeker gets a record sealed before applying.
Common mistakes to avoid
- Lying about a record.
- Volunteering a long, defensive story.
- Not responding to notices before deadlines.
- Assuming the same rules apply everywhere.
- Overlooking expungement options.
- Not keeping proof of completion of sentence and training.
Questions to ask a professional
- What does my state or city law require?
- When can the employer ask?
- Is my record eligible for sealing?
- How do I respond to a pre-adverse notice?
- Is a complaint worth filing?
A practical action plan
- Learn the local fair chance rules.
- Review your own background report.
- Prepare a short honest statement.
- Respond promptly to notices.
- Seek record clearing and legal help.
Terms you may hear
- Ban the box: removing criminal history questions from initial applications.
- Individualized assessment: considering the specific facts of a record.
- Pre-adverse action notice: notice before a final decision.
- Conditional offer: an offer pending checks.
- Business necessity: a legitimate job-related reason.
Learning your local rules
Fair chance rules differ by state, county and city, and some apply only to public employers or to employers above a certain size. Check your state labor department or city website for the current rules, and ask a legal aid or reentry organization if you are unsure.
Gathering proof of rehabilitation
Collect certificates of completion for programs, training and education, letters from supervisors or mentors, proof of steady work and stable housing and any official certificates of rehabilitation. Present them concisely when asked to show how you have changed.
Responding to a conditional withdrawal
If an employer withdraws a job offer because of your record, ask for a copy of the report and the reasons, then respond within the stated time with corrections and evidence. Some jurisdictions require employers to wait for your response before finalizing the decision.
Frequently asked questions
Can an employer ask about my record on the application?
In many places not until later in the process.
Can they reject me for a conviction?
Often yes if it relates to the job, but they may have to consider factors and give notice.
Do these laws apply to private employers?
In many states and cities, yes.
What if the employer breaks the rule?
You may file a complaint with the state or local agency or the EEOC.
Should I disclose a sealed record?
Check your state's rules, since sealed records often need not be disclosed.