When a background check returns a criminal record, the easiest response is a blanket rule: anyone with a record is disqualified. Blanket exclusions are also among the riskiest approaches an employer can take. Best practice, and in many states and cities a legal requirement, is an individualized assessment.

What an individualized assessment looks at

An individualized assessment considers the specific record in the context of the specific job. Common factors include:

• The nature and seriousness of the offense
• How much time has passed since the offense or the end of the sentence
• Whether the offense is relevant to the duties and risks of the position
• Any information the candidate provides, such as context, rehabilitation, or work history since the offense

Giving the candidate a chance to respond

A key part of the process is giving the candidate an opportunity to explain or provide information before a final decision is made. This fits naturally with the Fair Credit Reporting Act’s pre-adverse action step, which requires employers to share a copy of the report and a summary of rights before taking adverse action. Many fair-chance laws build on this with their own notice and waiting-period rules.

A note on federal guidance

The Equal Employment Opportunity Commission (EEOC) rescinded its 2012 guidance on arrest and conviction records in October 2026. That change does not remove Title VII’s protections against discrimination, and state and local fair-chance laws still apply. An individualized assessment remains the most consistent and defensible standard. See our related article, The EEOC Rescinds Its 2012 Arrest and Conviction Guidance.

Making it part of your program

Documenting the factors you consider, and applying them the same way for every candidate in the same role, turns a difficult judgment call into a repeatable process. Horizon helps employers build screening programs around their positions and provides practical compliance resources. Visit our Employment Screening Compliance Resources.

General information only — confirm your specific process with qualified employment counsel.

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