The Value of Hiring People with Conviction Histories:
An Employer’s Perspective
I have 16 years of experience in the human resources profession. I understand the
reasons for conducting criminal background checks on job applicants, but also
understand the complexities and challenges of making decisions about applicants
with past convictions in a manner that is fair to the applicants, the community, and
to my organization. My 16 years of experience has re-affirmed my belief that there is
a great deal of value – to my organization and to the community – in hiring
applicants with past criminal conviction.
My exposure to people who have past conviction histories began in 1988 when I
started working as an adjunct instructor and career counselor in the New York State
prison system. This experience taught me to listen without prejudice and hear
individuals’ commitment to rehabilitation, personal responsibility, and to changing
the behavior that led to their criminal involvement. I have been able to translate
this listening ability to my current job as a human resource manager. When I
interview job applicants with conviction histories, I try to look beyond the conviction
itself to the circumstances surrounding the crime and to what the person learned
from his or her mistakes. I try to consider the societal conditions that may have
contributed to the job applicant’s past conduct. At the same time, I am able to
recognize the applicant’s genuine commitment to change, and as part of that, to
being a good employee for my organization.
The time and effort I put into listening and gauging a genuine commitment to
change has paid off, and the applicants I have hired with past conviction histories
have consistently been valuable employees. In fact, in my 16 years of hiring such
applicants, I have never once had an incident of the individual repeating the negative
behavior that led to the conviction.
My main problem with such employees has been that of attrition – and I am proud
to say that many of the people I have hired have moved on to better, more fulfilling
careers. For example, I hired a woman named “Jane” who had a past history of
prostitution convictions. As a result of the second chance I gave Jane, she decided to
return to school and earn an ASL-English Interpretation Bachelor’s degree so she
could work with people who are deaf and hearing impaired. I also took a chance on a
job applicant named Carl who had a history of drug dealing. I still remember the day
Carl frantically sought me out for my advice on resolving his newest dilemma: should
he attend business school to pursue an MBA degree or attend divinity school to
pursue a Masters in Divinity degree? He had been accepted to two different
graduate schools on full scholarships! I truly feel that my organization’s willingness
to give Jane and Carl a second chance is what helped motivate them to pursue their
dreams.
This “problem” of attrition – the “problem” of employees moving on to pursue their
dreams – is a by-product of my organization’s willingness to make the dream of Dr.
Martin Luther King, Jr. a reality, and to “judge people on the content of their
character” and not on their past. Though the past cannot be changed, the future can.
The future of person with a criminal record is dependent not only their actions but
also on employers who give them an opportunity to showcase themselves in a new
positive and productive light.
I still wonder what would have happened to Jane and Carl if my organization had
overlooked their future potential and decided against hiring them because of their
past convictions. But when I ponder this “what if,” I realize how important it is to
share my perspective with other human resource professionals; to urge you to
consider carefully the consequences of hiring decisions that are rooted in fear and
prejudice. Not only are you closing the door on the future of an individual, but you
are diminishing the talent pool and depleting the strength your organization.
Fernán R. Cepero, PHR
Vice President Human Resources
The YMCA of Greater Rochester
Immediate Past State Director, New York State SHRM