Federal Agencies Banned from Asking About Criminal Records Before Employment Offers
The Office of Personnel Management (OPM) issued final regulations to ensure that Americans with a criminal history are not automatically barred from obtaining federal employment.
The OPM regulations implement the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) which prohibits federal agencies and contractors from asking about an applicant’s criminal history until after a conditional employment offer has been made.
The Fair Chance Act built upon OPM’s 2016 “ban the box” policy, which delayed criminal history checks until after a conditional employment offer was made.
There are exceptions to the rule about asking about criminal history for certain positions including law enforcement and national security roles. Agencies may also request exceptions from OPM on a case-by-case basis.
The idea is to boost fairness for those convicted, boost diversity in the workforce, and expand the talent pool, especially as the federal government competes with the private sector in a tight job market.
“If you have the qualifications, skills, and willingness to serve the American public, you deserve a fair chance to compete for employment within the federal government,” said OPM Director Kiran Ahuja in a news release. “America is a nation of second chances and every person deserves to be treated with dignity and respect.”
Complaints Process Detailed
In addition to the application process, the new regulations set up a process for handling complaints related to possible violations of the Fair Chance Act.
The regulations include timelines for filing complaints, timelines for investigations and extensions, and possible punishments should violations be found.
Adverse actions may include written warnings, suspensions without pay, and civil penalties.
The regulations take effect October 2, 2023.
The regulations build on Biden Administration efforts to expand opportunities for previously incarcerated people. In April, the White House released a strategic plan to help former prisoners reenter society, by expanding access to housing, education, financial services, and job opportunities.
A study by the Urban Institute found that “When people with criminal records have greater access to jobs, with lower barriers to entry, they have fewer incentives to engage in criminal activity, and less criminal activity in turn enhances public safety.”
