Fair chance hiring is a recruitment approach that gives qualified applicants with criminal records a fair opportunity to compete for employment by evaluating their skills and experience before considering criminal history in a lawful, job-related manner. Employers use fair-chance practices to remove unnecessary hiring barriers, delay criminal-history inquiries where appropriate or required, and avoid automatically rejecting candidates because of past convictions.
Fair-chance hiring can include removing criminal-history questions from initial applications, postponing background checks, considering how relevant convictions are to specific job duties, and allowing candidates to provide additional information before an adverse decision.
This approach recognizes that an applicant’s criminal history does not automatically determine whether they can perform a job successfully.
Fair-chance employers can still verify qualifications, conduct legally permitted background checks, and follow restrictions that apply to regulated positions.
What Does Fair Chance Mean on a Job Application?
A fair chance job is an employment opportunity in which the employer agrees to consider qualified applicants with criminal histories under defined fair-chance hiring practices.
The designation indicates that a criminal record does not automatically eliminate an applicant from consideration.
A fair-chance employer may evaluate a candidate’s professional qualifications first and delay criminal-history screening until a later stage of recruitment.
Depending on the employer’s policies and applicable laws, a background check may still occur before employment begins.
For example, a customer service company may advertise a position as a fair-chance job to communicate that it considers qualified candidates with previous convictions.
Applicants must still meet the position’s job-related requirements, complete appropriate evaluations, and satisfy any lawful employment conditions.
A fair-chance job listing does not guarantee that every candidate with a criminal record will receive an offer.
What Does Fair Chance Mean on Indeed?
On Indeed, fair-chance hiring refers to a voluntary employer practice of waiting until after a conditional job offer to ask about an applicant’s criminal history.
According to Indeed’s explanation of fair-chance hiring, the approach includes delaying inquiries about criminal records and individually reviewing relevant circumstances after a conditional offer.
Under Indeed’s described practice, employers do not ask about convictions, arrests that did not lead to convictions, or certain other criminal-history information before the conditional offer.
After the offer, the employer may conduct a background check and review any relevant findings.
Indeed explains that this is a voluntary practice, although some requirements also arise under applicable state or local laws.
Seeing a fair-chance designation on Indeed does not mean background checks are prohibited or that hiring is guaranteed.
How to Find Fair Chance Jobs on Indeed
Indeed recommends searching for the phrase Fair Chance Employers and adding a location to find relevant listings.
Applicants can then review the position’s requirements, work arrangements, and any available explanation of the employer’s background-check process.
The exact search results and available filters may change as Indeed updates its platform.
Job seekers should confirm the employer’s hiring policy and the rules that apply to the position before assuming a particular criminal-history record can or cannot be considered.
How Does Fair Chance Hiring Work?
Fair chance hiring establishes a recruitment process in which applicants receive meaningful consideration based on job-related qualifications before criminal history influences the hiring decision.
A typical fair-chance process includes defining job requirements, evaluating candidates consistently, delaying criminal-history inquiries as appropriate, and reviewing any relevant background information before a final decision.
1. Establish Job-Related Hiring Requirements
The employer begins by identifying the responsibilities, skills, credentials, and working conditions required for the position.
A clear job description helps recruiters distinguish essential qualifications from optional preferences.
For example, a remote customer support position may require written communication skills, experience with customer service systems, and availability during defined working hours.
These qualifications can be evaluated independently of an applicant’s criminal history.
Employers should also identify any legal licensing or background-check restrictions that apply to the specific position.
2. Review Application Forms and Screening Policies
Employers examine whether application forms request criminal-history information before candidates have had a meaningful opportunity to demonstrate their qualifications.
Removing or postponing initial criminal-history questions is commonly associated with Ban the Box practices.
The permitted timing of those inquiries depends on applicable law and the employer’s policy.
Some jurisdictions require criminal-history inquiries to occur after a conditional job offer. Others establish different requirements or exemptions.
A nationwide employer should not assume that the same screening procedure satisfies every state and local law.
3. Evaluate Applicants Using Consistent Criteria
Recruiters assess candidates using the skills and competencies required for the position.
Selection methods may include relevant experience reviews, work samples, technical assessments, and interviews.
Structured interviews support consistent evaluation by using job-related questions and predetermined scoring criteria.
For example, an applicant for a customer support role might complete a simulated service request that measures communication, accuracy, and problem-solving.
The same standards should apply to comparable applicants.
A candidate’s criminal record should not replace evidence about the person’s actual ability to perform the work.
4. Make a Conditional Offer When Appropriate
Under certain fair-chance policies and laws, an employer waits until after a conditional offer before requesting criminal-history information or conducting relevant screening.
A conditional offer means the employer intends to hire the candidate subject to specified lawful conditions.
The timing requirement varies by jurisdiction and position.
For employers following Indeed’s fair-chance hiring practice, criminal-history inquiries are delayed until after the conditional offer.
Some positions may have mandatory screening or legal exceptions that require a different process.
5. Conduct Lawful, Relevant Background Screening
If the employer conducts criminal-history screening, it should evaluate information relevant to the position and comply with applicable legal requirements.
Background screening may involve verifying criminal-history records, previous employment, professional licenses, or other relevant information.
Employers should understand the difference between an arrest and a conviction.
An arrest does not establish that a person committed a crime. A conviction provides stronger evidence of the underlying conduct but does not automatically make someone unqualified for every position.
The U.S. Equal Employment Opportunity Commission’s guidance on arrest and conviction records explains how employers should consider criminal history under federal employment discrimination law.
6. Consider the Relevance of Criminal History to the Job
When criminal-history information is legally available for consideration, employers should evaluate its relationship to the position.
The EEOC identifies three important factors:
- The nature and seriousness of the offense or conduct.
- The time elapsed since the offense, conduct, or completion of the sentence.
- The nature and responsibilities of the job.
For example, an employer evaluating a warehouse associate and an employer evaluating a role with legally restricted access responsibilities may need to consider different job-related risks and requirements.
The existence of a conviction does not establish that it is relevant to every position.
Employers should also consider applicable occupational restrictions, licensing rules, and employment laws.
7. Provide an Opportunity for Individualized Assessment
An individualized assessment allows an applicant to provide relevant information before the employer makes a final exclusionary decision.
Depending on the circumstances, that information may include an explanation of the record, evidence of an error, subsequent employment history, completed training, or other facts relevant to the decision.
For example, a background report may contain a record that belongs to another person or fails to reflect a corrected court disposition.
Allowing the candidate to respond may prevent a decision based on inaccurate information.
The EEOC recommends individualized assessments as a way to reduce the risk of unlawful exclusions, while recognizing that Title VII does not require them in every circumstance.
Some state and local laws impose additional individualized assessment or notification requirements.
8. Complete the Hiring Decision and Provide Appropriate Support
After evaluating qualifications and completing any required lawful screening, the employer makes the hiring decision.
If the candidate is hired, the organization should provide normal onboarding, job training, performance expectations, and access to relevant workplace resources.
A fair-chance hiring policy should not end when the employee accepts an offer.
Managers should evaluate the employee using actual job performance and apply relevant workplace rules consistently.
The employer should also protect sensitive applicant information and avoid unnecessary disclosure of criminal-history details to coworkers.
Example of Fair Chance Hiring
Consider a hypothetical company recruiting a remote scheduling coordinator.
The position requires accurate data entry, appointment management, professional communication, and experience using scheduling software.
Two applicants meet the technical requirements.
One applicant has a criminal conviction from several years earlier.
The employer evaluates both candidates using the same work-related assessments and interview standards.
After selecting its preferred candidate, the company follows the applicable background-check procedure.
The employer then reviews whether the criminal history has a relevant connection to the coordinator’s responsibilities, taking into account applicable law and the circumstances of the record.
The candidate has an opportunity to provide additional information where appropriate or required.
After completing the review, the employer determines whether the candidate remains eligible for the position and makes the final decision.
The hypothetical example illustrates the central principle of fair-chance hiring: candidates receive an individualized, job-related evaluation instead of facing an automatic exclusion based solely on a criminal record.
It does not mean every conviction must be disregarded or every applicant must be hired.
Fair Chance Hiring vs. Second-Chance Hiring vs. Ban the Box
These concepts address employment barriers related to criminal records, but each describes a different part of recruitment.
| Concept | Definition | Main focus | Example |
|---|---|---|---|
| Fair-chance hiring | Evaluating candidates with criminal histories through fair, lawful, job-related procedures | Hiring fairness and screening decisions | Reviewing the relevance of a conviction before excluding a qualified applicant |
| Second-chance hiring | Creating employment opportunities for people with criminal records or justice-system involvement | Recruitment, placement, and workforce access | An employer partners with a reentry organization to recruit trained workers |
| Ban the Box | Removing or delaying criminal-history questions during the initial application process | Timing of criminal-history inquiries | An application omits conviction questions until a later permitted stage |
How Fair-Chance Hiring Differs From Second-Chance Hiring
Fair-chance hiring emphasizes how applicants are evaluated, particularly when employers consider criminal-history information.
Second-chance hiring emphasizes access to employment opportunities for people who face criminal-history-related barriers.
A second-chance hiring program may actively recruit qualified candidates through workforce reentry organizations.
A fair-chance hiring policy may apply to all applicants and establish consistent rules for handling criminal records.
Employers can combine both approaches.
How Fair-Chance Hiring Differs From Ban the Box
Ban the Box addresses a specific screening practice: when employers ask applicants about criminal history.
Fair-chance hiring covers a broader process, including job-related evaluation, candidate screening, and the treatment of criminal-history information.
An employer may comply with a Ban the Box requirement without operating a comprehensive fair-chance hiring program.
Likewise, a fair-chance policy should address more than the wording of the application form.
What Are Fair Chance Hiring Practices?
Effective fair-chance hiring practices give applicants an appropriate opportunity to demonstrate their qualifications and establish consistent procedures for considering relevant criminal-history information.
| Hiring practice | Employer action | Purpose |
|---|---|---|
| Job-related qualifications | Define required skills and credentials | Evaluate actual ability to perform the role |
| Fair application process | Remove or delay criminal-history questions as appropriate | Reduce premature exclusion |
| Consistent interviews | Apply comparable questions and scoring | Support objective candidate evaluation |
| Appropriate screening timing | Conduct checks at the permitted stage | Follow applicable law and policy |
| Record relevance review | Consider the offense, time elapsed, and job duties | Avoid overly broad exclusions |
| Individualized consideration | Provide a response opportunity where appropriate or required | Consider relevant circumstances and correct errors |
| Documented decisions | Record lawful, job-related reasons for selection decisions | Support consistency and accountability |
| Hiring manager training | Explain screening rules and escalation procedures | Reduce inconsistent practices |
| Confidentiality | Limit access to sensitive records | Protect applicant information |
The National Employment Law Project’s fair-chance hiring resources provide additional guidance on application policies, transparent screening, candidate responses, and fair-chance recruitment programs.
Example of Fair-Chance Language in a Job Posting
An employer may use the following language when it accurately reflects the organization’s hiring policy:
Fair-Chance Employment Opportunity
We consider qualified applicants with criminal histories in accordance with applicable federal, state, and local laws. We evaluate candidates based on job-related skills, experience, and qualifications. Any criminal-history inquiries or background checks will be conducted at the appropriate stage of the hiring process, and relevant information will be assessed under applicable requirements.
This statement should be reviewed against the employer’s actual screening procedures and the laws governing the position.
What Are the Benefits of Fair Chance Hiring?
Fair-chance hiring can expand access to employment, reduce unnecessary candidate exclusions, and help organizations make more consistent hiring decisions.
Expands Access to Qualified Candidates
Employers may overlook people with valuable work experience and technical skills when they automatically exclude every applicant with a criminal record.
Fair-chance practices allow recruiters to evaluate a broader group of candidates against the actual requirements of a position.
For example, a business recruiting inventory associates may find qualified applicants with relevant warehouse experience who previously encountered criminal-history barriers during recruitment.
Supports More Consistent Hiring Decisions
A documented fair-chance policy provides clear rules for recruiters and hiring managers.
Consistent screening criteria can reduce decisions based on personal assumptions or incomplete information.
This may also improve the quality of hiring documentation and communication with candidates.
Reduces Unnecessary Employment Barriers
Applicants with criminal records may face barriers even when their previous conduct has no relevant connection to a particular job.
Fair-chance policies create a process for evaluating those circumstances rather than relying on automatic exclusions.
These practices can support access to employment for people returning to the workforce after justice-system involvement.
Supports Workforce Development Partnerships
Employers may work with community organizations, vocational training providers, or workforce development programs to reach qualified candidates who face employment barriers.
Such partnerships can help connect job requirements with relevant skills and training.
The effectiveness of a program should be measured through actual hiring and workforce outcomes.
Encourages Responsible Risk Assessment
Fair-chance hiring allows employers to consider legitimate job-related concerns without treating every criminal record as equally relevant.
A structured evaluation can take account of the responsibilities of the position, available evidence, and applicable legal restrictions.
Fair-chance hiring does not eliminate workplace safety requirements or an employer’s duty to make responsible hiring decisions.
What Laws Apply to Fair Chance Hiring?
Fair-chance hiring laws differ by jurisdiction and employment arrangement. Employers should distinguish federal antidiscrimination requirements, federal fair-chance rules, the Fair Credit Reporting Act, and state or local criminal-history restrictions.
Title VII and Criminal-History Screening
Title VII of the Civil Rights Act prohibits covered employers from discriminating in employment because of race, color, religion, sex, or national origin.
Having a criminal record is not, by itself, a universally protected characteristic under federal Title VII.
However, criminal-history screening can violate Title VII when an employer treats comparable applicants differently because of protected characteristics or uses unjustified screening criteria that create prohibited disparate impact.
The EEOC’s guidance explains why employers should consider whether criminal-history exclusions are job-related and consistent with business necessity.
The analysis may include the nature of the offense, time elapsed, and requirements of the position.
The Fair Credit Reporting Act
The Fair Credit Reporting Act establishes procedures when an employer uses a covered background report from a consumer reporting agency.
Under the FCRA, employers generally must provide the required standalone disclosure and obtain written authorization before requesting a covered employment consumer report.
When the employer considers taking adverse action based on that report, additional steps apply.
The Federal Trade Commission’s guidance on using consumer reports explains the relevant requirements.
These include providing a copy of the report and the required summary of rights before taking adverse action, followed by an appropriate adverse-action notice if the employer proceeds.
These federal requirements are separate from any state or local fair-chance assessment procedures.
State and Local Fair-Chance Laws
State and local laws may regulate when employers ask about criminal history, what information they may consider, and how they must notify applicants before rejecting them.
Some jurisdictions require employers to wait until after a conditional offer before conducting criminal-history inquiries.
Others establish different restrictions, individual assessment procedures, or exceptions.
The National Employment Law Project’s fair-chance policy resources track fair-chance legislation and related employment policies.
Employers should confirm the current requirements for the specific work location, employer type, and position.
Federal Fair Chance to Compete for Jobs Act
The Fair Chance to Compete for Jobs Act restricts certain criminal-history inquiries in covered federal hiring before a conditional offer.
The law also addresses specified federal contracting situations and includes exceptions.
The U.S. Office of Personnel Management’s explanation of criminal-history inquiries describes how the federal rules affect covered job applications.
These provisions do not mean that every private employer in the United States follows the same federal hiring sequence.
Occupational Licensing and Job-Specific Restrictions
Some jobs have mandatory background-check, licensing, or eligibility requirements.
These may arise in certain healthcare, education, financial, security, or other regulated positions.
An employer should identify the actual legal restriction before deciding whether a particular conviction affects eligibility.
Fair-chance hiring cannot override a legally required employment prohibition.
Does Fair Chance Hiring Increase Negligent Hiring Risk?
Fair-chance hiring does not automatically create negligent hiring liability.
Negligent hiring generally concerns an employer’s failure to exercise reasonable care when selecting a worker whose relevant unfitness creates a foreseeable risk of harm.
The legal analysis depends on the circumstances, the employer’s knowledge, the duties of the position, and applicable law.
An employer can implement fair-chance recruitment while verifying required credentials, complying with mandatory screening rules, and assessing relevant risks.
The presence of a criminal record does not automatically establish that an individual is unfit for every position.
Employers should document their assessment methods and obtain legal advice when a proposed hiring decision presents material uncertainty.
How Can Employers Create a Fair Chance Hiring Policy?
A fair-chance hiring policy should explain how the organization evaluates qualifications, handles criminal-history information, and makes consistent hiring decisions.
Step 1: Review Existing Recruitment Procedures
Identify where criminal-history questions appear, when background checks occur, and how recruiters use screening results.
Review the current process against relevant federal, state, and local requirements.
Step 2: Establish Screening Criteria by Role
Define the skills, credentials, and responsibilities required for each job.
Identify mandatory legal restrictions separately from discretionary employer screening policies.
Step 3: Document Criminal-History Inquiry Rules
Specify when criminal-history information may be requested and who has authority to review it.
Use procedures that satisfy the applicable law and employment arrangement.
Step 4: Establish a Candidate Response Process
Explain how candidates can provide relevant information, dispute inaccurate records, or respond to a proposed exclusion where appropriate or required.
The policy should also address the separate notice requirements that apply when covered consumer reports are used.
Step 5: Train Recruiters and Hiring Managers
Provide clear instructions about screening timing, record relevance, candidate confidentiality, and decision documentation.
Managers should understand which issues require HR or legal review.
Step 6: Monitor Recruitment Outcomes
Review whether the policy is implemented consistently and whether qualified applicants receive appropriate consideration.
Useful measures include completion of required assessment steps, hiring outcomes, candidate experience, and post-hire performance.
An effective hiring process should connect documented selection criteria with consistent decisions.
What Should Job Seekers Know About Fair Chance Employment?
Applicants should read the employer’s stated fair-chance policy and confirm the requirements of the position.
A fair-chance designation may indicate that an employer delays criminal-history inquiries, considers the relevance of a conviction, or uses an individualized review process.
Job seekers can prepare information about their professional qualifications, relevant training, employment history, and other experience that demonstrates their ability to perform the job.
Applicants should answer lawful application questions accurately while understanding that rules concerning disclosure of sealed, expunged, dismissed, or other records vary by jurisdiction.
When an employer uses a covered third-party background report, applicants may have rights to disclosures, report copies, dispute procedures, and adverse-action notices.
A fair-chance policy should provide an appropriate candidate experience through clear information, consistent communication, and relevant evaluation standards.
Frequently Asked Questions About Fair Chance Hiring
What is fair chance hiring?
Fair chance hiring is a recruitment approach that evaluates qualified applicants with criminal records using fair, lawful, job-related criteria. It can involve delaying criminal-history inquiries, avoiding automatic exclusions, and considering the relevance of past conduct to the specific position.
What does fair chance mean on Indeed?
On Indeed, fair chance hiring refers to a voluntary employer practice of waiting until after a conditional job offer before asking about criminal history. A background check may still occur after the offer, and the employer may consider relevant findings through an individualized process. The designation does not guarantee employment.
What is a fair chance job?
A fair chance job is an employment opportunity offered by an employer willing to consider qualified candidates with criminal histories under fair-chance hiring practices. Applicants must still meet job requirements and comply with applicable screening and eligibility rules.
What is a fair chance employer?
A fair chance employer is a business or organization that uses hiring procedures designed to give qualified people with criminal records meaningful employment consideration. Such procedures may include delayed background checks, job-related assessment, and individualized consideration of relevant records.
Does fair chance hiring mean no background check?
Fair chance hiring does not prohibit all background checks. An employer may conduct legally permitted screening at the appropriate stage and consider information relevant to the position. Certain roles also have mandatory background-check or licensing requirements.
What is the difference between fair chance hiring and Ban the Box?
Fair chance hiring refers to broader principles for evaluating candidates with criminal records. Ban the Box focuses on removing or delaying criminal-history questions during job applications. The two practices are related, but Ban the Box addresses one particular part of the hiring process.
Is fair chance hiring the same as second-chance hiring?
Fair-chance hiring primarily concerns fair screening and selection practices, while second-chance hiring emphasizes employment opportunities for people with criminal records or justice-system involvement. Employers can adopt both approaches within the same recruitment program.
Can employers reject applicants with criminal convictions?
Employers may reject candidates when a conviction creates a lawful, relevant eligibility issue or when other legitimate hiring requirements are not met. However, employers must comply with applicable discrimination, background-check, fair-chance, and occupational restrictions. A blanket exclusion may create legal concerns depending on the circumstances.
Is fair chance hiring required by law?
Fair-chance hiring requirements vary across federal, state, and local jurisdictions. Some employers must delay criminal-history inquiries or follow specific assessment procedures, while others voluntarily adopt additional practices. There is no single fair-chance hiring rule that applies identically to every U.S. employer.
Can someone with a felony conviction apply for a fair chance job?
A person with a felony conviction can generally apply for fair-chance opportunities when they meet the position’s requirements. Eligibility for a particular job depends on the conviction, applicable laws, licensing requirements, and the responsibilities of the position. Fair-chance consideration does not guarantee that every applicant will qualify.
This article provides general information about U.S. employment practices and legal requirements. It does not constitute legal advice. Employers should consult qualified counsel regarding the laws and screening procedures applicable to their hiring decisions.