The Office of Personnel Management (OPM) has approved final regulations affecting federal agencies and contractors. As of this approval, federal agencies and contractors can no longer ask job applicants about their criminal history before making a conditional job offer. Though many agencies already had policies reflecting this requirement, the OPM mandating it can improve job opportunities for many.

Initial Attempt

The OPM initially proposed the policy in 2022 to address some applicants’ struggles due to criminal backgrounds. However, it originally appeared in the 2020 National Defense Authorization Act, which expanded the OPM’s “ban-the-box” policy from 2016. These final regulations offer greater detail about implementing the Fair Chance Act.

What It Does Now

According to the final regulations, “Unless otherwise required by law, an employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (OF 306) or any similar successor form, the USAJOBS internet website, or any other electronic means) that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant.”  

As such, previously incarcerated individuals have improved chances of acquiring work in federal agencies or contracts. This change puts them on equal footing with other applicants, allowing fair and equal opportunities for everyone. Furthermore, the final regulations adhere to President Joe Biden’s 2021 executive order, which allowed the OPM to evaluate and improve hiring opportunities. This order specified the need to expand on diversity, equity, inclusion, and accessibility for federal hiring.

Exempt Circumstances

However, the final regulations include exceptions for several positions. The OPM provided examples of exempt positions, including those accessing classified information, interacting with minors, and accepting or retaining in the military. 

The Fair Chance Act also included a process for applicants who feel the employer has violated their rights. It also details the steps employers must take when considering adverse action based on an applicant’s criminal history. Violating the Fair Chance Act could include written warnings, civil penalties, and suspension without pay.

Unfortunately, the effect of current “ban-the-box” laws on hiring remains unclear. However, the OPM intends to implement a strategy for collecting data to verify the trends’ impact. Until then, the Office expects these final regulations to improve employment opportunities for anyone with a criminal background.

Interested individuals should consider a self-background check before applying for a federal job. A self-check allows you to correct any errors before potential employers see them. It also helps you prepare to explain any negative information that could cause delays in the hiring process.

Background checks don’t have to be complicated. Try running a self background check today and give yourself a head start.

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A Massachusetts state senator has proposed legislation concerning professional licensure. According to the senator, it would require contractors to undergo background checks to acquire or renew their licensure. As such, it would help protect homeowners entrusting projects to contractors from fraud or theft.

Senator Susan Moran filed Senate Bill S2389 with the Massachusetts State Senate. This bill responds to recent press reports that found contractors failed to perform work on prepaid projects. According to the reports, existing protections and legal recourses often failed to help homeowners.

As such, Sen. Moran intended for S2389 to prevent scams before they can start. It would do this by denying dishonest individuals from becoming contractors within the state. Should Massachusetts’s legislatures approve, the bill would affect many individuals in the trades. As stated, it would require background checks for everyone wishing to acquire or renew licensures.

This bill would require interested parties to file applications for registering or renewing their licensures with the commonwealth. Afterward, the Massachusetts Office of Consumer Affairs and Business Regulation would begin the background checks on the contractors. These background checks would search for prior convictions related to fraud.

S2389 would also amend Section 9 of Chapter 142A of the General Law. This amendment would follow subsection (d). It would concern the following points: 

“Prior to approving any application for registration or renewal conforming to the requirements of this chapter, the director shall refer identifying information regarding an application to the Department of Criminal Justice Information Services, which shall obtain criminal offender record information but shall transmit only the following information to the director: Any conviction of the applicant of gross fraud or cheating as defined by section 76 of chapter 266” and “(17) engaging in gross fraud or cheat as defined by section 76 of chapter 266;.”

Sen. Moran expects the bill to find those with track records of dishonesty. She also hopes it would identify applicants attempting to move between jurisdictions after other states have banned them from working as contractors. According to Moran, this will help to prevent bad actors from slipping through the cracks.

Background checks like what this Act establishes help protect the public from scams and other harm. However, this applies to more than just contractors and includes employers in other fields. The best way to perform an accurate and comprehensive background check for employment is to work with a trusted and experienced screening provider.

Discover the benefits of JDP’s seamless background checks for your business. Contact a Sales representative today.

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