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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The Office of Personnel Management (OPM) recently announced new regulations concerning federal agencies and contractors. According to the announcement, they can no longer inquire about a candidate’s criminal background before making an offer of employment. This change stems from a piece of legislation from 2019 based on “Ban the Box” practices.

“Ban the Box” legislation like this intends to widen the pool of applicants while reducing potential hiring discrimination. Proponents argue that many applicants suffer disadvantages by disclosing their criminal record at that stage. They also claim that others are too intimidated to apply because they believe their background disqualifies them from public service.

Regardless of intention, some hiring managers have admitted that this knowledge influenced their decisions. As such, eliminating the need to disclose criminal records on applications would help those struggling with their criminal backgrounds. Removing this step in the early process allows potential applicants to sidestep these issues.

How It Works

Federal agencies and contractors may still withdraw conditional offers of employment. However, these new rules guarantee that candidates can compete on a level playing field. The rules do this by removing criminal histories from immediate consideration.

Employers may perform background checks on applicants after offering conditional employment. They may object to the candidate after this step. Furthermore, federal agencies and contractors should know these new regulations have exceptions. For example, the Act exempts sensitive law enforcement or classified work fields.

While these rules may be new, eliminating “the box” is not. Most federal job applications currently do not include questions about criminal background. Not even first-round interviews have such questions. A background check will usually occur shortly before beginning in the position. Thus, the new regulations mainly codify current federal hiring practices.

Candidates must complete a Declaration for Federal Employment, or OF-306, after receiving their conditional offer of employment. This form asks standardized questions about past convictions or ongoing charges. While applicants with criminal records are usually still eligible to be federally employed, a few specific convictions, such as treason, carry a permanent prohibition from federal employment.

Expectations

The OPM will make these changes to reflect the Fair Chance to Compete for Jobs Act of 2019. This Act is bipartisan legislation passed as part of the National Defense Authorization Act for Fiscal Year 2020. The agency stated that these updates would stimulate federal agencies and contractors to offer applicants more information about the Act. For example, it provided complaint options for anyone who needs to object to their treatment.

These changes will apply to federal agencies and contractors. Affected employers should review their hiring policies and procedures to ensure compliance. Employers should work with an experienced employment background check provider. The right partner can advise them on their policies, deliver accurate and timely reports, and ensure a compliant hiring process.

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