Criminal Records and Fair Chance Hiring: A Survey of Business Leaders

At Checkr, our mission is to build a fairer future by designing technology that creates opportunities for all. Our products are built to empower customers to hire fairly and open their candidate pools to nontraditional or often overlooked talent, such as individuals with criminal records. 

In today's rapidly evolving society, the pursuit of fairness and inclusivity has become a cornerstone of progress. Within this context, the concept of fair chance hiring has emerged as a powerful force for change in the current employment landscape. Fair chance hiring laws restrict some employers from asking job applicants about their criminal history and also regulate how that history—when properly obtained—can be used in the job application process.

As we strive to build a more just and equitable society, it's important to acknowledge that individuals with criminal records can make positive and impactful contributions to their communities and workplaces, and recognize that their past arrest and conviction histories should not be a permanent barrier to their future potential. Embracing fair chance hiring is not only a moral imperative but also a strategic decision that can lead to a multitude of benefits for businesses and society. 

In this report, we will dive into the results of our survey and learn more about how business leaders across America feel about hiring individuals with an arrest or conviction history, along with a look at the positive outcomes fair chance hiring can yield for both employers and individuals as certain prospective employees seek an opportunity to build their lives and careers.

Checkr surveyed 2,000 American business leaders—CEOs, owners, presidents, directors, senior managers, and others—to uncover attitudes about hiring individuals with criminal records and the factors that come into play when companies make these types of hiring decisions.

Let’s take a look at the data. 

To gain a better understanding of hiring practices, we set out to first obtain basic information with regard to business leaders and their organizations’ history of hiring individuals with criminal records. When asked if their organization has hired an individual with a criminal record in the past 12 months, only 24% said yes, while 58% said no, and another 18% were unsure. 

While the majority of businesses say they have not hired an individual with a criminal record in the past year, each has its own reason for considering this type of hire. When asked about their organization’s reason for hiring someone with a criminal record, 70% of respondents said they hired a person with a criminal record to give a second chance to a worker (36%) or to simply try to hire the best candidate for the job regardless of criminal history (33%). 

Finally, we asked how willing organizations are to hire individuals with criminal records. Employers were aligned here as 77% said their company was willing or neutral, while just 18% said unwilling and the final 5% did not respond. 

*Data from Checkr proprietary survey of 2,000 American business leaders

To learn more about potential concerns when hiring individuals with criminal records, we started by asking business leaders if the type of offense reported (felony vs. misdemeanor vs. infraction) would impact their decision to hire an individual. Respondents were aligned here as 73% said they strongly agree or agree that the type of crime on the record would impact hiring decisions. 

To follow up, we asked which organizational issues are most concerning when thinking about hiring an individual with a criminal record. Is legal liability most concerning? What about customer opinions? Or maybe the feelings of current employees? 

Here we learned that many different areas of concern are juggled by organizations, as not much separation is shown among the top three:

• Future behavior by employees with criminal records: 21%
• Legal liability: 17%
• Reliability of employees with criminal records: 16%

Next, let’s see how business leaders think their employees feel about working with a new hire with a criminal record.

We asked business leaders if they thought current employees would be comfortable working alongside individuals with criminal records, and nearly half, 46% said they thought coworkers would be comfortable, 32% were on the fence, and another 22% did not think they would be comfortable. 

*Data from Checkr proprietary survey of 2,000 American business leaders

Additionally, we asked if business leaders felt their current employees supported the idea of hiring individuals with criminal records. The data shows that 46% believe employees are supportive of the idea, another 35% are on the fence, and just 20% believe employees are not supportive of hiring individuals with criminal records. 

Next up, we’ll learn more about performance and retention as it relates to fair chance hiring.  

Employee performance evaluations are based on many factors, such as quality of work, overall job performance, and dependability, among others. 

To better understand whether business leaders feel the overall quality of hire of an individual with a criminal record would be the same (or similar) as any employee without a criminal record, we asked business leaders a series of questions in terms of the aforementioned evaluation factors, and here’s what they had to say:

• 57% said that the job performance of an individual with a criminal record would be the same as any employee.
• 45% said that the quality of hire of an individual with a criminal record would be the same as any employee without a criminal record.
• 42% said that the dependability of an individual with a criminal record would be the same as any employee without a criminal record.
• 56% said that the retention rate of an individual with a criminal record would be the same as any employee without a criminal record

And for those who have hired individuals with criminal records, 59% of those business leaders said that employees with criminal records perform as good or better than employees without criminal records. 

Next, let’s take a look at the financial implications of hiring an individual with a criminal record, as revealed by our survey of business leaders across America. 

What are the financial implications of fair chance hiring? Considerations may include compliance with local Ban the Box and fair hiring laws, training and support of the employees, public perception and brand reputation, and tax incentives, among others. 

To uncover more data, we started by asking if business leaders believe that the cost-per-hire of an individual with a criminal record would be the same as any employee without a criminal record. We learned that 55% do believe that the cost-per-hire would be the same, while 22% were on the fence and another 23% thought the cost-per-hire would increase. 

Moving onto compensation, when asked if they thought employees with criminal records should be paid the same as employees without criminal records — if work/job is equal — and 80% agreed, 11% were on the fence, and just 9% disagreed.

To wrap up, we asked if respondents thought that hiring individuals with criminal records was a positive for the bottom line of their business and just 35% agreed, while 43% were on the fence. An additional 22% disagree with the statement. 

The data gathered from 2,000 American business leaders sheds light on a crucial and evolving aspect of the modern workforce landscape — fair chance hiring. The findings underscore the multifaceted nature of this issue, revealing both challenges and opportunities for employers, job seekers, and society at large. As we navigate the complex intersection of fair chances and economic factors, several key takeaways emerge.

First, our report underscores the significance of fair chance hiring as a means to create a more inclusive and equitable society. It highlights the potential for positive social impact by offering individuals with criminal records a renewed sense of purpose and facilitating the community reintegration process.

Economically, the untapped talent pool that this group represents can lead to enhanced innovation, productivity, and overall business success. That said, the majority of business leaders still struggle to see hiring individuals with criminal records as a positive for their bottom line. 

As employers grapple with the decision to hire individuals with criminal records, a well-rounded approach is important. This involves a balanced consideration of the nature of the criminal record, the specific job requirements, and the candidate's potential for growth and contribution. By doing so, employers can harness the power of diversity and provide opportunities that lead to personal transformation and professional success.

In the end, by embracing fair chance hiring practices, organizations not only uphold their social responsibility but also promote inclusive hiring practices that impact positive growth for their company and current employees. Learn more about fair chance hiring and get resources for your business through our foundation, Checkr.org. 

For more information on Check’s research or to request graphics or commentary about this study, please contact press@checkr.com. 

All data found within this report is derived from a survey by Checkr conducted online via the survey platform Pollfish. In total, 2,000 adult American business leaders were surveyed. The respondents were found via Pollfish’s age, employment, and organizational role filtering features. This survey was conducted over a three-day span, and all respondents were asked to answer all questions as truthfully as possible and to the best of their knowledge and abilities.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.

About the author

Sara Korolevich serves as checkr.com’s editor and content manager. In this role, she produces educational resources for employers on a broad range of screening topics, including background check compliance and best practices. She also writes about Checkr’s company and product news to keep customers updated and informed.