Should You Hire Someone With a Criminal Past?
How to evaluate a candidate with a conviction on their record
If you’re a business owner or HR manager, eventually, you’re going to have an applicant who answers “yes” to the question “Have you ever been convicted of a felony?”
Should you automatically reject that candidate?
No.
These days, good workers are in great demand, and you may find some excellent employees who have criminal backgrounds. And unless you have a legal reason, a blanket policy of excluding applicants with criminal records could leave you open to liability.
To develop a policy on hiring convicted criminals, begin with a clear understanding of the applicable legal requirements. Many states have laws prohibiting employers from rejecting an applicant strictly on the grounds of a past conviction. However, a criminal conviction may make an applicant ineligible for a job that requires bonding or special licensing.
Once you understand the legal requirements that apply to your business, you can assess whether the applicant is the right person for the job.
This means considering the conviction in the overall context of the applicant’s background, skills, and abilities, along with your staffing needs.
For example, you might not want someone who has been convicted of embezzlement as your bookkeeper. You certainly wouldn’t hire someone convicted of sex crimes against children to work in a daycare center.
Put the offense in context.
You would probably view a recent armed robbery somewhat differently than you would a 20-year-old conviction for marijuana possession. Put the offense in context.
One of the most common convictions employers has to consider is driving while intoxicated (or driving under the influence). In that case, some issues you’ll want to keep in mind are whether the person will drive a company vehicle or driving their own car on company business, and if they are insurable. Whatever you decide, be able to show a legitimate business reason for your hiring choices.
Beyond a pure business decision, keep the concept of second chances in mind.
If we don’t give people with criminal records an opportunity to secure gainful employment, they’ll never be able to turn their lives around.
An earlier version of this article appeared on Entrepreneur.com and in The Entrepreneur’s Almanac by Jacquelyn Lynn.
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