Ban the Box: How Fair Chance Hiring Expands Employment Opportunities

“Have you ever been convicted of a crime?” For the 4.6 million Georgians with criminal histories, this question on a job application may be the greatest barrier to moving forward. Even after an individual serves their sentence, their criminal record can become a lifetime obstacle to unemployment. 

This has broad implications, as stable work is the most important factor in preventing recidivism. A 2011 study found that unemployed individuals reoffend at nearly twice the rate of those with steady jobs. In addition, lower unemployment rates are associated with reduced crime, thus increasing public safety. Despite this, many returning citizens struggle to find work, with more than 27% unemployed nationwide. This is not unexpected. People who disclose their criminal record status on a job application are up to 50% less likely to receive a callback than other applicants. Even when hired, many are underpaid or exploited due to their histories.

This impact is most profound on people of color, who face disproportionate criminalization. In Georgia, Black residents compose just 31% of the overall population but account for 60% of the correctional population. This imbalance deepens the structural racism embedded in the hiring process. Black Americans suffer from employment discrimination even when they have no criminal history. When a record is added, the disadvantage expands. White applicants with records receive callbacks at triple the rate of Black applicants with records, furthering systemic injustice.

Fair chance hiring laws, often called “Ban the Box” in reference to the checkbox on a job application, offer a solution. Employers are most likely to reject applicants with records during the first hiring stage. To address this, Ban the Box laws require employers to remove questions about criminal histories from initial applications. Employers can then assess applicants based on their merits alone. These policies have proven effective. For example, after Washington, D.C. adopted its Ban the Box law, the city hired 33% more applicants with criminal records. By delaying questions about irrelevant background information, this legislation gives qualified applicants a chance to be seen as more than their pasts.

Expanding fair chance hiring also has economic benefits. The underemployment of people with records costs the U.S. economy up to $87 billion each year. When Georgians secure steady jobs, they earn wages, pay taxes, and rely less on public benefits, strengthening the state economy. Businesses also profit. Studies show that workers with records often outperform their peers. They have higher rates of job retention and earn promotions more quickly than other employees. The public also supports fair chance hiring. Survey data indicates that a majority of people are comfortable working for or supporting businesses that employ people with records.

Given these benefits, forms of fair chance hiring laws have been enacted by Washington, D.C., 37 states, and more than 150 cities and counties, including both Georgia and Atlanta. On February 23, 2015, Governor Nathan Deal “banned the box” by signing an executive order removing the felony conviction question from state government job applications. Moreover, in 2014, Atlanta adopted a similar policy for city jobs, then extended it in 2022 to cover other employers.

Despite this, Georgia’s task is not complete: it has not yet expanded Ban the Box laws to private employment. That gap excludes thousands of qualified workers from opportunities. Georgia is not alone in this. Only 15 states, which lean Democratic, have implemented fair chance hiring in all areas of employment. Georgia’s more limited progress reflects different political priorities. Although Georgia significantly reformed its criminal justice system throughout the mid- to late-2010s, that momentum has slowed in recent years.

Illustrating this, SB 207 was introduced in February of 2025. The bill originally sought to make obtaining occupational licenses easier for individuals with records, expanding their employment opportunities. However, lawmakers in the House Committee on Rules stripped those provisions. The current version provides that a person with a felony conviction may, under certain circumstances, be certified and employed as a firefighter. If passed, the bill will be a step in the right direction, but to a far more limited extent than its original form promised.

Given this political climate, an expanded Ban the Box bill would face a difficult journey in upcoming legislative sessions. Nevertheless, it remains an important target. By addressing systemic injustices, lowering recidivism rates and promoting economic growth, it would benefit employers, workers and communities alike. No matter how small the steps, Georgia must continue pursuing this goal in order to build a system that allows genuine second chances. Extending fair chance hiring is not leniency. Rather, it is a recognition that opportunity, not perpetual exclusion, is what truly helps Georgians succeed.

Emma Thomas is a second-year at the University of Georgia studying political science and philosophy. She is a member of our criminal justice group.