Yes, people with felony convictions can get jobs, and federal law generally discourages employers from rejecting applicants on the record alone. Whether a felon can get a job in a particular field depends on three things: the offense, the position, and the state. Most industries are open with the right approach. A handful are closed by statute. And a growing set of laws — ban the box, fair chance hiring, Clean Slate record sealing — tilts the process in your favor if you know how to use them.
What Federal Law Says About Hiring People With Records
No federal statute prohibits employers from hiring someone with a felony. What Title VII of the Civil Rights Act prohibits is using criminal records as a blunt screen that disproportionately excludes people by race or national origin, unless the policy is job-related and consistent with business necessity.
The Equal Employment Opportunity Commission tells employers to weigh three factors before rejecting an applicant based on a conviction: the seriousness of the offense, how much time has passed since the conviction or release, and the duties of the specific job.1U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act Rejecting someone for a decade-old fraud conviction when hiring for a warehouse position is far weaker legal ground than rejecting the same person for a bank teller role.
The EEOC also expects employers to conduct an individualized assessment: notifying you that your record may disqualify you, giving you a chance to provide context or evidence of rehabilitation, and actually considering what you submit before a final decision.2U.S. Equal Employment Opportunity Commission. Questions and Answers About the EEOCs Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII Employers who skip that step and rely on automatic disqualification risk a Title VII disparate impact claim.
When Employers Can Ask About Your Record
More than three dozen states and over 150 cities and counties have adopted “ban the box” policies that restrict when an employer can ask about criminal history. The point is to get you evaluated on your qualifications first, with the criminal history question coming later — often after an interview or a conditional offer.
These laws vary. Some cover only government employers. Others apply to private employers above a certain size. The stronger versions delay the inquiry until after a conditional offer and require the employer to weigh the nature of the offense, time elapsed, and evidence of rehabilitation before withdrawing that offer.
At the federal level, the Fair Chance to Compete for Jobs Act of 2019 bars federal agencies and federal contractors acting on their behalf from asking about criminal history until after a conditional offer.3Federal Register. Fair Chance to Compete for Jobs Exceptions apply for positions requiring access to classified information, sensitive national security roles, and federal law enforcement jobs.4U.S. Department of the Treasury. The Fair Chance to Compete Act
Where a ban-the-box law applies, you do not need to disclose your record on the initial application. Be ready to discuss it honestly later, once the employer is already interested in hiring you.
Your Rights During a Background Check
Most employers run background checks, and the Fair Credit Reporting Act gives you real protections in that process.
Before the Check
An employer cannot pull a consumer report on you without your knowledge. The employer must give you a clear written disclosure that a report will be obtained and must get your written authorization first.5Office of the Law Revision Counsel. United States Code Title 15 – Section 1681b Running the check without your consent violates federal law.
What Actually Shows Up
Felony and misdemeanor convictions can be reported indefinitely. There is no federal time limit on reporting convictions. Arrests that did not lead to a conviction are treated differently: consumer reporting agencies cannot report arrests older than seven years, and the same seven-year cap applies to other adverse non-conviction information.6Office of the Law Revision Counsel. United States Code Title 15 – Section 1681c Some states restrict non-conviction reporting further.
If the Employer Plans to Reject You
An employer who decides to deny you a job based on the background check must first send a pre-adverse action notice with a copy of the report and a summary of your rights. That gives you a chance to spot errors before the decision is final.7Federal Trade Commission. Using Consumer Reports: What Employers Need to Know After the final decision, the employer must send an adverse action notice identifying the consumer reporting agency, stating the agency did not make the hiring decision, and informing you of your right to dispute inaccurate information and request a free copy of the report within 60 days.
Background check errors are common: outdated records, dismissed charges, cases belonging to someone with a similar name. If you get a pre-adverse action notice, read the report carefully. Dispute anything wrong with the consumer reporting agency, which has 30 days to investigate.
Jobs Felons Legally Cannot Hold
Some fields have statutory barriers that don’t bend to a good interview or a strong reference. Knowing where the walls are keeps you from wasting effort.
Banking and Financial Institutions
Federal law prohibits anyone convicted of a crime involving dishonesty, breach of trust, or money laundering from working at or controlling an FDIC-insured bank or savings institution without prior written consent from the FDIC.8GovInfo. United States Code Title 12 – Section 1829 Penalty for Unauthorized Participation by Convicted Individual That reaches from teller positions to executive roles. For certain specified federal financial crimes, the FDIC cannot grant a waiver for at least 10 years after the conviction becomes final. Outside that window, or for other covered offenses, you can apply for a waiver, and the FDIC weighs the offense, evidence of rehabilitation, the position, and the institution’s ability to supervise you.9Federal Deposit Insurance Corporation. Your Guide to Section 19
Healthcare
The Department of Health and Human Services Office of Inspector General can exclude individuals from participation in Medicare, Medicaid, and other federal healthcare programs. For convictions tied to patient abuse, healthcare fraud, controlled substance offenses, or other program-related crimes, the mandatory minimum exclusion is five years.10Office of Inspector General, U.S. Department of Health and Human Services. Exclusions FAQs While excluded, no federal healthcare program can pay for services you furnish, order, or prescribe, which effectively closes off most clinical and billing roles.
Transportation and Port Security
Jobs at maritime facilities, certain transportation hubs, and any role requiring a Transportation Worker Identification Credential involve a TSA security threat assessment. Some felonies are permanent disqualifiers, including espionage, treason, murder, federal terrorism offenses, and crimes involving transportation security incidents or explosives.11Transportation Security Administration. Disqualifying Offenses and Other Factors A second category triggers temporary disqualification if the conviction occurred within seven years of application, or if you were released from incarceration within five years. That category includes arson, robbery, firearms offenses, drug distribution, kidnapping, and fraud. Once the disqualification period ends, you can apply.
Firearms-Related Work
Federal law bars anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.12Office of the Law Revision Counsel. United States Code Title 18 – Section 922 That covers virtually every felony. Most law enforcement positions, armed security work, and gun shop employment are off the table unless your firearm rights have been restored under state or federal law.
Licensed Professions
Occupational licensing is where many people hit an unexpected wall. More than a quarter of American workers need a state-issued license, and boards in healthcare, education, law, and real estate routinely run criminal background checks. Over 13,000 licensing restrictions tied to criminal records exist across the states, and many carry automatic disqualification for certain felonies.
This area is changing quickly. At least 45 states now require licensing boards to evaluate whether a conviction actually relates to the duties of the profession before denying a license. Around two dozen states let you request a preliminary determination of whether your record disqualifies you before you invest in training. A growing number of states have scrapped vague “good moral character” requirements that gave boards nearly unlimited discretion.
If a licensed profession interests you, contact the relevant state board before enrolling in any program. Many will tell you upfront whether your specific conviction is disqualifying, which spares you from paying for a credential you won’t be granted.
Clearing or Sealing Your Record
Depending on the offense and your state, you may be able to have your record sealed or expunged. Expungement treats the record as if it never existed. Sealing leaves it in place but hides it from public view, so it won’t appear on standard background checks. A sealed record can still be reached with a court order, but for most employment purposes it is invisible.
Eligibility turns on the nature of the offense, how much time has passed, and whether you’ve completed all conditions of your sentence. Violent felonies and sex offenses are typically excluded from both. Filing fees range from nothing to several hundred dollars, and the process can take months.
A growing number of states have passed “Clean Slate” laws that automate record sealing for people who meet eligibility rules. As of late 2024, more than a dozen states plus the District of Columbia have enacted some form of Clean Slate legislation. Federal Clean Slate legislation has been introduced in Congress but has not been enacted.
For many people, record clearing is the single highest-return investment of time available. It affects not just employment but housing, licensing, and volunteer opportunities.
Incentives That Make Employers Say Yes
Employers on the fence about hiring someone with a record often move when the financial risk drops. Two federal programs are built for that, and mentioning them during the process gives you something concrete to offer.
Work Opportunity Tax Credit
The Work Opportunity Tax Credit lets an employer claim a federal tax credit of up to $2,400 for hiring someone convicted of a felony or released from prison within the past year. The credit equals 40 percent of the first $6,000 in wages during the first year, provided the employee works at least 400 hours.13Internal Revenue Service. Work Opportunity Tax Credit The current authorization covers hires who begin work on or before December 31, 2025. Check the IRS site for the current status before citing this to a prospective employer.
Federal Bonding Program
The Federal Bonding Program provides fidelity bonds that insure employers against theft or dishonesty by a new hire during the first six months. The bonds are free to both employer and applicant. Coverage starts at $5,000 and can go up to $25,000 depending on the position’s risk level.14U.S. Department of Labor. ETA Advisory – Training and Employment Notice No. 37-07 Free insurance for the first six months removes one of the biggest objections employers raise. Request a bond through your state’s bonding coordinator or an American Job Center.
Where to Apply
Some of the country’s largest employers have publicly committed to fair chance hiring. The Second Chance Business Coalition includes JPMorgan Chase, Walmart, Target, Home Depot, Microsoft, McDonald’s, CVS, Kroger, and dozens more. They have pledged to evaluate applicants with records on their merits rather than screening them out automatically. Aim your search at those companies first.
Beyond large corporations, industries with persistent labor shortages tend to be more open: construction, manufacturing, food service, trucking, and warehousing. These fields typically care more about reliable work than about a conviction from years back.
Reentry nonprofits can be valuable allies. Groups like the Center for Employment Opportunities, The Doe Fund, and Defy Ventures offer vocational training, job placement, and interview coaching for people with records. American Job Centers provide similar services, including resume help, job readiness training, and connections to employers who have hired people with records before.
Handling the Conversation
When your record comes up, own it briefly and move on. Employers respond better to someone who takes accountability and pivots to what they’ve done since than to someone who is evasive or over-explains. One or two sentences acknowledging the conviction, followed by concrete evidence of change — completed training, steady work history, certifications — beats a long narrative every time.
Focus early applications where the barriers are lowest. Applying to an FDIC-insured bank with a fraud conviction wastes your energy. Applying to a construction firm that participates in fair chance hiring does not. And if a professional license is in your future, call the board before you pay for training. An honest answer upfront is worth more than any amount of effort spent in the wrong direction.