Fair chance hiring policy template: one company-wide process for criminal history

A fair chance hiring policy is a written process for handling criminal history: no questions, checks or job-ad wording about records until after a conditional offer, then an individualized assessment of any record against the specific job, a written notice with time to respond, and a recorded final decision. The simplest way to comply with the patchwork of state and city ban-the-box laws is one company-wide policy built to the strictest rule you operate under. As of October 2026, there is no general federal ban-the-box law for private employers, but the federal Fair Chance to Compete for Jobs Act bars federal contractors from asking before a conditional offer for positions related to work under the contract (41 U.S.C. 4714).

This page is a policy to adopt, not a summary of state law. The state rules are in our ban-the-box explainers (for example California, New York and Illinois), and what to say when the subject comes up mid-interview is in ban-the-box interview questions. Not legal advice.

Why adopt one policy instead of following each state's rule?

Recruiters who hire across states, and agencies that place into many clients, cannot reliably switch between a dozen sets of timing and notice rules. A single process set at the strictest common standard means every candidate gets the same treatment, managers learn one routine, and the company only keeps an exceptions list for the places or roles where a law requires something different. The table shows where each step of the policy comes from.

What does federal law say about criminal history in hiring?

• Federal contractors. Under 41 U.S.C. 4714, agencies must require contractors not to "verbally, or through written form, request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before the contractor extends a conditional offer." The ban does not apply where another law requires the check before an offer, or to positions requiring access to classified information or sensitive law enforcement or national security duties, among other exceptions.
• Title VII and the EEOC guidance. The EEOC's Enforcement Guidance on the Consideration of Arrest and Conviction Records (April 25, 2012) is still posted on eeoc.gov as of October 2026. It names "the nature and gravity of the offense or conduct," "the time that has passed since the offense, conduct and/or completion of the sentence," and "the nature of the job held or sought," and describes an individualized assessment as telling the person they may be excluded and giving them a chance to show why the exclusion should not apply. The guidance rests largely on disparate-impact analysis, and Executive Order 14281 directs federal agencies to deprioritize disparate-impact enforcement. Treat the factors as a sound decision method that state laws such as California's also require, not as a federal enforcement risk you can ignore. See disparate treatment vs disparate impact.
• FCRA. If a consumer reporting agency runs the check, the disclosure, authorization, pre-adverse action and adverse action steps apply. They are set out in order in our FCRA background check process.

The fair chance hiring policy template

FAIR CHANCE HIRING POLICY
[Company name]   Owner: [HR lead]   Effective: [date]   Version: [n]

1. PURPOSE
[Company] considers qualified applicants with criminal records in a
manner consistent with applicable law. We consider a conviction only
after a conditional offer, only when it relates to the duties of
the job, and only after hearing from the applicant.

2. SCOPE
All roles and locations, employees and applicants, and recruiting
agencies acting for [Company]. Roles listed in Appendix A, where a
law requires a check or disqualification before an offer, follow
the steps that law requires; Appendix A names the law for each.

3. BEFORE A CONDITIONAL OFFER
- Job ads, careers pages and applications contain no criminal
  history questions and no wording such as "no felonies" or
  "clean record."
- Recruiters and interviewers do not ask about arrests,
  convictions or incarceration, and do not search court records,
  social media or the internet for them.
- If an applicant raises their record, the interviewer says the
  company considers it only after an offer, does not note it, and
  continues with job-related questions.

4. WHAT WE NEVER CONSIDER
Arrests that did not lead to a conviction, sealed, expunged,
dismissed or pardoned records, juvenile records, participation in a
diversion program, and [other categories under state law].

5. AFTER A CONDITIONAL OFFER
A background check is run only by [consumer reporting agency], after
the FCRA disclosure and written authorization. Results go to
[named reviewer in HR], not to the hiring manager.

6. INDIVIDUALIZED ASSESSMENT
If a conviction is reported, the reviewer completes the assessment
form (Appendix B) before any decision, considering:
- the nature and gravity of the offense;
- the time since the offense and since the sentence ended;
- the specific duties and setting of this job;
- evidence of rehabilitation, work history, references and anything
  the applicant provides.
The reviewer may consult the hiring manager about job duties only,
without disclosing the record.

7. NOTICE AND RESPONSE
If the reviewer's preliminary view is to withdraw the offer, the
applicant receives in writing: the conviction(s) relied on; a copy
of the report; their right to respond with evidence that the record
is inaccurate or of rehabilitation or mitigating circumstances; and
a deadline of at least [5] business days from receipt. If they tell
us they are getting evidence that the record is wrong, they get at
least [5] more business days. The offer stays open until a final
decision.

8. FINAL DECISION
A second person, [role], reviews the assessment and any response.
The final decision is sent in writing with any reconsideration
process [and the applicant's right to file a complaint with the
state agency, where required]. FCRA adverse action notices are sent
by [CRA / HR].

9. RECORDS
Background reports, assessments and responses are kept separately
from the hiring file, seen only by [roles], and retained for
[at least one year, or longer if a charge is filed or state law
requires].

10. TRAINING AND AUDIT
Recruiters, interviewers and agencies receive this policy on
onboarding. HR reviews outcomes [annually].

Appendix A: roles with legally required checks [role | law | rule]
Appendix B: individualized assessment form

Appendix B: the individualized assessment form

INDIVIDUALIZED ASSESSMENT   Confidential
Applicant: [name]   Role: [title, location]   Offer date: [date]
Reviewer: [name]    Second reviewer: [name]

1. Conviction(s) reported: [offense, date, jurisdiction, sentence,
   date sentence completed]
2. Excluded from consideration under section 4? [yes/no, which]
3. Job duties relevant to the offense: [specific duties, setting,
   access to people, money, vehicles, data; quote the job description]
4. Nature and gravity: [harm, level of offense]
5. Time elapsed: since offense [ ] years; since sentence ended [ ]
6. Applicant's information: [age at the time, circumstances, work
   history since, education or training, references, rehabilitation,
   anything submitted]
7. Does the record have a direct and adverse relationship to the
   duties in line 3? [yes/no, with the reason in two or three
   sentences]
8. Preliminary decision: [proceed / notice of preliminary decision
   sent on (date), response due (date)]
9. Response received: [date, summary]
10. Final decision and reason: [ ]   Date: [ ]   Second reviewer: [ ]

Notice templates

Notice of preliminary decision:

Subject: Your offer for [Role]: information we need from you

Dear [Name],

Our conditional offer of [date] remains open while we finish our
review. The background check report (copy attached) lists the
following conviction(s): [list]. Based on the duties of this role,
our preliminary view is that [conviction] may affect our decision,
because [specific job-related reason].

This is not a final decision. You may send us, by [date: at least 5
business days from receipt], any information you would like us to
consider, such as evidence that the report is inaccurate, or about
rehabilitation or the circumstances. If you are getting records to
show the report is wrong, tell us before that date and we will give
you at least [5] more business days.

A summary of your rights under the Fair Credit Reporting Act is
attached. Contact [name, email, phone] with any questions.

[HR reviewer name, title]

Final decision, when the offer is withdrawn:

Subject: Our decision on your offer for [Role]

Dear [Name],

Thank you for [your response of (date) / your time]. After
considering [it / the information available], we have decided to
withdraw the conditional offer, because [specific job-related
reason]. If you would like us to reconsider, write to [contact]
within [X] business days with any new information. [State agency
complaint right, where required.] [FCRA adverse action details or
separate notice.]

[Name, title]

Scripts for recruiters

• The candidate raises it in a screen: "Thanks for telling me. We only look at background information after an offer, and then only against what this specific job involves, so I won't note it. Can we come back to your experience with [job-related topic]?"
• A hiring manager asks "do they have a record?": "We don't check until after an offer, and HR reviews anything that comes back against the job duties. What I can tell you is how they did against the scorecard."
• A client tells an agency "clean records only": "Is there a law or license for this role that requires a check before an offer? If so, tell me which, and we'll follow it. If not, we'll follow your conditional offer process and send candidates on merit." Many state laws apply to agencies too; California's is spelled out in our California page.

Common mistakes

The policy sits beside a broader background check policy; for why some roles warrant checks at all, see what is negligent hiring. General information as of October 2026, not legal advice.