Q: Do I have to hire someone if they have a felony? How does that work?

A: You are not legally required to hire someone with a felony, but there are important legal and ethical considerations to keep in mind. As an employer, you have the discretion to deny employment based on a felony conviction if it is relevant to the job—for example, a financial crime for a banking position or a violent offense for a security role. However, automatically rejecting all applicants with felony records can violate guidelines set by the Equal Employment Opportunity Commission (EEOC), particularly if it results in a disparate impact on protected groups.

The EEOC recommends that employers evaluate each case individually, taking into account the nature of the offense, how much time has passed since the conviction, and whether it is directly related to the job in question. Blanket policies against hiring anyone with a felony may be considered discriminatory under federal law. Employers are also required to follow the Fair Credit Reporting Act (FCRA) when using third-party background checks, which includes providing notice to the applicant and giving them an opportunity to respond if adverse action is taken based on their background report.

Additionally, many states and cities have adopted "Ban the Box" laws, which prohibit employers from asking about criminal history on job applications and require delaying those questions until later in the hiring process. It’s also worth noting that some industries—such as education, law enforcement, healthcare, and finance—may have specific legal restrictions that prevent hiring individuals with certain types of convictions. Ultimately, it’s best practice to consider rehabilitation, references, and the relevance of the offense, rather than using a one-size-fits-all rule.

This Q&A does not constitute legal advice and does not address state or local law.