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Fair Chance Employers Who Hire People with Criminal Records

OpenPath StaffMarch 23, 20267 min read

What Is a Fair Chance Employer?

A fair chance employer is a company that has made an explicit commitment to evaluate job candidates before conducting a background check — and to consider applicants with criminal records on a case-by-case basis rather than with a blanket exclusion.

This is different from a company that *might* hire someone with a record. Fair chance employers have typically:

  • Signed a Fair Chance Business Pledge or similar commitment
  • Removed criminal history questions from job applications
  • Trained hiring managers on individualized assessment
  • Established written policies on which offenses may or may not affect hiring decisions

Why Fair Chance Hiring Is Growing

Three forces are driving more employers toward fair chance practices:

Labor shortages. Tight labor markets have pushed employers to reconsider their talent pools. An estimated 70 million Americans have some form of criminal record — excluding them eliminates a significant workforce segment.

WOTC tax incentives. The Work Opportunity Tax Credit gives employers up to $9,600 per qualifying hire. People with felony convictions hired within one year of release qualify. This turns fair chance hiring into a financial advantage.

Ban-the-box legislation. 37+ states have laws requiring employers to delay background checks until after conditional job offers. This creates structural pressure toward fair chance hiring practices.

Industries Leading in Fair Chance Hiring

  • Tech — Major companies including Google, Microsoft, JPMorgan Chase, and dozens of startups have committed to fair chance hiring
  • Construction and trades — Skills-first culture and union hiring halls often prioritize certification over record
  • Logistics — Amazon, UPS, and regional fulfillment centers have active fair chance programs
  • Food and retail — Dave's Hot Chicken, Greyston Bakery, and other companies built their brands on second-chance hiring
  • Healthcare support — Home health aide, medical transport, and administrative roles where direct patient access isn't required

How to Find Fair Chance Employers Near You

OpenPath's job board lists employers who have provided explicit documentation of their fair chance policies. Each listing shows:

  • Offense categories accepted — whether they hire people with violent, drug, or sex offense records
  • State availability — where they're actively hiring
  • Remote options — whether work-from-home positions are available

Browse fair chance jobs and filter by your state, offense type, and industry.

Approaching a Fair Chance Employer

Even with a stated fair chance policy, how you present yourself matters.

Lead with skills and certifications. Your OSHA card, ServSafe certification, or Google IT certificate is the first thing a hiring manager should see.

Be direct about your record when asked. After a conditional offer, when background check conversation comes up, be factual. The employer has already decided to consider you — now you're building trust.

Reference the WOTC. Tell employers you may qualify them for a federal tax credit. Most SMBs haven't heard of it. Learn how the WOTC works.

For Employers: Post Jobs on OpenPath

If you're an employer committed to fair chance hiring, post your jobs on OpenPath. Our candidate pool is job-ready, motivated, and often WOTC-eligible. Basic and Pro tiers available.

Browse Fair-Chance Jobs →Explore CoursesMore Articles

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