Second-chance hiring is the practice of providing employment opportunities to qualified people with criminal records or previous involvement in the criminal justice system. Employers use this approach to evaluate candidates based on their skills, experience, qualifications, and the relevance of their criminal history to the position.
Second-chance employment can include people with past misdemeanor or felony convictions, individuals returning to work after incarceration, and other applicants whose criminal records create barriers to employment.
A second-chance employer considers these candidates through a fair, job-related selection process rather than automatically rejecting everyone with a criminal record.
Second-chance hiring can expand access to qualified workers while helping individuals return to employment, earn income, and develop their careers.
What Is an Example of Second-Chance Hiring?
A manufacturing company needs to hire warehouse associates to manage inventory, prepare shipments, and operate approved equipment.
One applicant has relevant warehouse experience, has completed workplace safety training, and meets the position’s physical and technical requirements. The applicant also has a criminal conviction from several years earlier.
Instead of automatically rejecting the candidate because of that conviction, the company evaluates the applicant’s qualifications and assesses whether the criminal history creates a relevant concern for the specific position.
The hiring manager considers the nature of the offense, how much time has passed, the responsibilities of the job, and any additional relevant information.
After completing its lawful hiring process, the employer determines that the applicant meets the position’s requirements and offers employment.
The new employee receives the same role-specific training, performance expectations, and opportunities for advancement as other warehouse associates.
This hypothetical example demonstrates how second-chance hiring works: the employer evaluates a candidate’s ability to perform the job and considers criminal history in context rather than treating every conviction as an automatic disqualification.
How Does the Second-Chance Hiring Process Work?
Second-chance hiring follows a structured recruitment process that combines job-related candidate evaluation, legally appropriate background screening, and employee support.
Employers can implement the approach through seven steps.
1. Identify Positions Suitable for Second-Chance Hiring
Start by reviewing open positions and identifying the qualifications, certifications, and responsibilities required for each role.
Some positions have legal restrictions related to criminal history, professional licensing, access to sensitive information, or work with vulnerable populations.
Other positions allow employers greater discretion to evaluate an applicant’s circumstances individually.
A detailed job description should establish the skills and responsibilities necessary for successful performance.
Employers should confirm any applicable legal restrictions before creating criminal-history screening criteria.
2. Review Hiring Policies and Job Applications
Examine application forms, recruitment policies, and automatic disqualification rules.
An employer may unnecessarily exclude qualified candidates by rejecting every applicant who reports a past conviction, regardless of its relevance to the position.
Employers should review Ban the Box requirements in the jurisdictions where they hire.
These laws and policies address when employers may ask about criminal history. Some jurisdictions require employers to delay criminal-history inquiries until a specified point in recruitment.
The timing and permitted inquiries vary by jurisdiction and employment type.
3. Source Candidates Through Relevant Employment Programs
Employers can connect with candidates through workforce development organizations, community employment programs, reentry services, vocational training providers, and recruitment partners.
These organizations may help job seekers develop resumes, complete job training, obtain credentials, and identify suitable positions.
The U.S. Chamber of Commerce’s Second Chance Hiring Guide provides state-level resources that connect employers with organizations supporting people returning to the workforce.
Recruitment teams should verify each partner’s services and geographic coverage before establishing a referral process.
4. Evaluate Candidates Using Job-Related Criteria
Assess candidates against the competencies required for the position.
Relevant selection methods may include reviewing work experience, verifying required credentials, evaluating work samples, and conducting interviews.
Structured interviews help employers compare applicants using consistent questions and predefined evaluation criteria.
For example, a customer support candidate may complete a simulated customer interaction that evaluates communication, problem-solving, and documentation skills.
The assessment should measure the ability to perform the job rather than assumptions about someone based on a criminal record.
5. Conduct Appropriate Background Screening
Employers may conduct legally permitted background screening to verify relevant information.
When criminal history is considered, the employer should assess its relationship to the position and comply with applicable federal, state, and local laws.
The Equal Employment Opportunity Commission’s guidance on arrest and conviction records identifies three important considerations:
- The nature and seriousness of the offense.
- The time that has passed since the offense or completion of the sentence.
- The nature and responsibilities of the job.
Depending on the circumstances, an individualized assessment can provide the candidate an opportunity to explain relevant information, identify errors, or present evidence of subsequent work experience, training, or rehabilitation.
An arrest alone does not establish that criminal conduct occurred.
6. Make the Hiring Decision and Complete Onboarding
Once the employer evaluates the qualifications, completes any required screening, and satisfies applicable employment requirements, it can make the hiring decision.
Successful candidates should receive clear information about compensation, responsibilities, schedules, workplace policies, and performance expectations.
A structured employee onboarding process helps new hires understand their duties, access necessary tools, and begin performing their work.
Employers may also coordinate optional job coaching, training, transportation assistance, or other practical support through relevant workforce partners.
These resources should address actual barriers rather than assumptions about an employee’s capabilities.
7. Measure Hiring and Employment Outcomes
Track whether the second-chance hiring process produces qualified employees and meets the organization’s workforce needs.
Useful measures include completed hires, performance against job requirements, time to productivity, retention, and employee feedback.
Quality of hire can help employers evaluate post-hire outcomes using consistent performance criteria.
Employers should compare comparable positions and hiring cohorts, account for differences in working conditions, and protect confidential applicant information.
What Are the Benefits of Second-Chance Hiring?
Second-chance hiring can benefit employers, job seekers, and communities when organizations implement it through fair recruitment practices and appropriate employee support.
Access to a Broader Talent Pool
Employers expand their candidate pool by considering qualified individuals who may otherwise face employment barriers because of a criminal history.
These applicants can bring relevant work experience, technical skills, professional training, and transferable competencies.
Second-chance hiring may be particularly useful when an employer struggles to find enough qualified candidates through its existing recruitment channels.
Greater Opportunities for Workforce Participation
Employment provides opportunities for income, professional development, workplace experience, and economic stability.
For individuals returning from incarceration, access to employment can support the transition back into the community.
Employment alone does not guarantee successful reintegration, but job opportunities can form an important part of broader reentry support.
Potential Recruitment and Retention Benefits
Some employers have reported favorable workforce outcomes from second-chance hiring programs.
For example, MIT Sloan’s analysis of second-chance hiring describes results reported by Kelly Services, including higher staffing fill rates and lower turnover among participating client arrangements.
These findings describe a specific staffing organization’s experience. They do not establish that every company will achieve the same improvements.
Employers should evaluate retention and job performance using their own workforce data.
Opportunities for Community Partnerships
Second-chance hiring can connect businesses with workforce development organizations, community colleges, vocational programs, and employment support services.
These partnerships can help employers identify candidates with relevant training and provide a clearer pathway into sustained employment.
The SHRM Foundation’s workforce initiative for people with criminal records provides additional resources for organizations interested in recruiting, hiring, and retaining these workers.
What Jobs Are Available Through Second-Chance Employment?
Second-chance employment opportunities can exist across different industries and occupations.
Actual eligibility depends on the position, applicable law, required credentials, employer policies, and the individual’s circumstances.
| Job category | Example positions | Relevant hiring considerations |
|---|---|---|
| Manufacturing | Production associate, machine operator, assembly technician | Equipment training, safety procedures, required qualifications |
| Warehousing and logistics | Inventory associate, shipping coordinator, warehouse worker | Physical requirements, equipment authorization, access responsibilities |
| Construction | Construction laborer, apprentice, trades assistant | Safety training, licensing rules, job-site requirements |
| Hospitality | Food service associate, housekeeping employee, kitchen worker | Service standards, scheduling, applicable industry requirements |
| Administrative support | Data entry specialist, office assistant, scheduling coordinator | Computer skills, accuracy, confidentiality |
| Customer service | Customer support representative, call center agent | Communication, problem-solving, customer information handling |
| Technology | Technical support associate, junior developer, IT support specialist | Technical competency, system access, client and contractual requirements |
These are examples of occupations that employers may consider within second-chance hiring initiatives. They are not a list of jobs guaranteed to accept every applicant with a criminal record.
A felony conviction does not automatically prohibit someone from working in every occupation. However, certain positions and regulated industries have specific restrictions.
Employers and candidates should verify the requirements for the relevant role and jurisdiction.
Second-Chance Hiring vs. Fair-Chance Hiring vs. Ban the Box
Second-chance hiring, fair-chance hiring, and Ban the Box policies address related employment barriers, but they describe different aspects of recruitment.
| Concept | Meaning | Primary focus |
|---|---|---|
| Second-chance hiring | Offering employment opportunities to qualified people with criminal records or justice-system involvement | Employment access and recruitment |
| Fair-chance hiring | Applying equitable, job-related evaluation practices when considering applicants with criminal histories | Fair selection and individualized consideration |
| Ban the Box | Restricting or delaying criminal-history questions during recruitment under applicable policies or laws | Timing of criminal-history inquiries |
| Second-chance employment program | Organized recruitment, training, placement, or employment support activities | Program implementation and workforce support |
A company can adopt fair-chance hiring practices without operating a formal second-chance employment program.
Similarly, complying with a Ban the Box law does not necessarily mean the employer has created an active initiative to recruit and support justice-involved candidates.
The three approaches can work together within a broader recruitment policy.
What Legal Requirements Apply to Second-Chance Hiring?
Second-chance hiring in the United States must comply with applicable employment discrimination laws, background-check requirements, and occupational restrictions.
Employers should review these requirements before implementing a recruitment program.
Employment Discrimination and Criminal Records
Federal employment discrimination laws prohibit covered employers from treating comparable applicants differently because of protected characteristics.
Criminal history is not itself a universally protected characteristic under federal employment discrimination law. However, criminal-record screening practices can violate Title VII when they result in prohibited disparate treatment or unjustified disparate impact.
The EEOC’s enforcement guidance explains how employers should consider the relationship between criminal conduct and the responsibilities of a position.
Employers should avoid automatic exclusions that are not job-related and consistent with business necessity.
The EEOC also recommends an opportunity for individualized assessment where appropriate. Such an assessment is not an absolute requirement in every circumstance under Title VII.
Fair Credit Reporting Act (FCRA)
Employers that obtain employment background reports from consumer reporting agencies must follow applicable requirements under the Fair Credit Reporting Act.
These include providing the required disclosure and obtaining written authorization before procuring covered employment reports.
If an employer intends to take adverse action based on a covered report, additional pre-adverse-action and adverse-action procedures apply.
The Federal Trade Commission’s employer guidance on consumer reports explains these requirements.
Not every employer-conducted verification uses a consumer reporting agency, so the legal requirements depend on the screening method.
State and Local Fair-Chance Laws
State and local laws may restrict when employers ask about criminal history, which records they may consider, and how they must notify applicants of adverse decisions.
Some jurisdictions impose requirements beyond federal law, including opportunities for candidates to respond before a final rejection.
Employers recruiting across several states should review the laws that apply to each position and work location.
Job-Specific Legal Restrictions
Certain occupations impose licensing, background-check, or other eligibility requirements.
Some restrictions are mandatory under federal, state, or local law. Others depend on the credential, employer, or responsibilities involved.
Second-chance hiring does not remove legal restrictions that apply to a position.
Employers should identify mandatory restrictions separately from discretionary screening criteria.
Does Second-Chance Hiring Increase Negligent Hiring Risk?
Second-chance hiring does not automatically establish employer negligence or liability.
Negligent hiring generally concerns an employer’s failure to exercise reasonable care when selecting someone whose relevant unfitness creates a foreseeable risk of harm.
The legal issue depends on the circumstances, the employer’s knowledge, the responsibilities of the position, applicable law, and the connection between the hiring decision and any resulting injury.
An employer can consider qualified applicants with criminal records while still performing appropriate credential verification, job-related assessments, and lawful background screening.
The presence of a conviction does not automatically make a candidate unfit for every position.
Employers should document relevant screening decisions and consult qualified employment counsel when the circumstances involve material legal uncertainty.
How to Start a Second-Chance Hiring Program
A second-chance hiring program establishes repeatable procedures for recruiting, evaluating, hiring, and supporting qualified candidates who face criminal-history-related employment barriers.
A business can begin with a limited group of suitable positions before expanding the program.
Example Program Implementation Plan
| Stage | Employer action | Expected output |
|---|---|---|
| Policy review | Evaluate job requirements, screening rules, and applicable laws | Documented eligibility and screening standards |
| Recruiting preparation | Train hiring managers and identify recruitment partners | Consistent evaluation process |
| Candidate sourcing | Connect with workforce organizations and qualified applicants | Relevant candidate pipeline |
| Candidate evaluation | Apply job-related assessments and lawful background screening | Documented hiring decisions |
| Employee integration | Provide onboarding, role training, and practical support | Clear performance expectations |
| Performance review | Evaluate hiring results, employee performance, and retention | Evidence for improving the program |
The organization should designate an owner for hiring policy, establish internal approval procedures, and provide training to recruiters and hiring managers.
A staffing agency or workforce development partner may assist with sourcing, candidate preparation, or placements when its services support the intended program.
Employers should clarify which organization handles candidate screening, employment administration, onboarding, and ongoing support.
Resources and Support for Second-Chance Employers
Employers can access workforce development resources designed to support the recruitment and employment of justice-involved people.
Reentry and Workforce Development Programs
Community organizations and workforce agencies may provide job readiness training, vocational education, employment referrals, and transition support.
Employers can use the U.S. Chamber of Commerce’s state-by-state second-chance hiring resources to identify relevant programs.
Federal Bonding Program
The U.S. Department of Labor’s Federal Bonding Program provides eligible employers with fidelity bond coverage for certain job seekers who face employment barriers.
The bonds protect against specified losses caused by employee dishonesty during the initial coverage period and are available at no cost under the program’s terms.
The Department of Labor’s recruitment and employment resources describe the program and its intended use.
Bonding is a financial protection mechanism. It does not replace candidate evaluation, required background checks, or employer responsibilities.
Employment Incentives
Some government programs have historically offered incentives for hiring individuals facing employment barriers.
Availability changes with legislation, funding, employer eligibility, and program requirements.
For example, the Department of Labor currently identifies December 31, 2025, as the end of the federal Work Opportunity Tax Credit’s previously authorized hiring period.
Employers considering second-chance hiring in 2026 should confirm whether any current federal, state, or local incentive applies rather than assuming that earlier tax-credit programs remain available.
How Can Job Seekers Find Second-Chance Employment?
People seeking second-chance employment can search for employers that explicitly consider applicants with criminal records and contact organizations that provide reentry employment support.
Useful steps include identifying relevant professional skills, reviewing the qualifications of available positions, and preparing documentation of work experience, training, or credentials.
Applicants can also explore vocational programs, community workforce organizations, and employment agencies that work with justice-involved job seekers.
Job seekers should review applicable state and local protections concerning criminal-history inquiries and background reports.
A company describing itself as a second-chance employer is expressing a willingness to consider applicants. It is not guaranteeing employment to every person with a criminal record.
Frequently Asked Questions About Second-Chance Hiring
What does second-chance hiring mean?
Second-chance hiring means considering qualified applicants who have criminal records or prior justice-system involvement for employment opportunities. Employers assess job-related skills, qualifications, and relevant background information instead of automatically rejecting candidates because of their history.
What is a second-chance employer?
A second-chance employer is a business or organization that considers qualified candidates with criminal records for employment. The employer may use fair-chance screening policies, participate in reentry partnerships, or operate a formal second-chance hiring program. The designation does not eliminate legal or job-specific eligibility requirements.
What is second-chance employment?
Second-chance employment refers to job opportunities offered to people who face hiring barriers related to criminal records or justice-system involvement. It can involve direct employment, temporary assignments, apprenticeships, or positions supported by workforce development organizations.
Can someone with a felony conviction get a job?
A person with a felony conviction may qualify for many jobs, depending on the position, the nature of the conviction, applicable laws, licensing restrictions, and the employer’s hiring criteria. A felony conviction does not automatically disqualify someone from all employment, but certain occupations have legally required restrictions.
What is a second-chance hiring program?
A second-chance hiring program is an organized recruitment initiative that helps employers identify, evaluate, hire, and support qualified people with criminal histories. It may include partnerships with reentry organizations, job-related screening procedures, workforce training, and employee support.
Is second-chance hiring the same as Ban the Box?
Second-chance hiring and Ban the Box address related employment barriers but are different practices. Second-chance hiring focuses on employment opportunities for people with criminal records. Ban the Box refers to policies or laws that restrict or delay criminal-history inquiries during recruitment.
Can staffing agencies provide second-chance employment?
Staffing agencies can participate in second-chance employment by recruiting, assessing, and placing candidates with criminal histories when permitted by applicable law and client requirements. Some agencies specialize in this population, while others consider these candidates through broader recruitment processes. Service availability varies by agency.
Does second-chance hiring require employers to ignore criminal records?
Second-chance hiring does not require employers to ignore all criminal history. Employers can evaluate legally permissible information when it is relevant to the position, while complying with employment discrimination, background-check, and fair-chance laws. Some occupations also impose mandatory legal restrictions.
Can second-chance hiring apply to remote jobs?
Second-chance hiring can apply to remote jobs when candidates meet the position’s qualifications and applicable employment requirements. Employers should assess job-related responsibilities, access to sensitive information, required credentials, and relevant screening rules. Remote work does not automatically eliminate employment restrictions or background-check obligations.
This article provides general information about U.S. employment practices. It does not constitute legal advice. Employers should consult qualified counsel concerning specific hiring decisions and jurisdictional requirements.