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Legislators in Gainesville, FL are considering a bill that would create expungement opportunities for people with certain criminal records or arrests that did not result in convictions.

Fair Chance Hiring

The City Commission in Gainesville, Florida called on their legal team to develop a Fair Chance Hiring Ordinance. Their primary goals were to prevent local employers from running background checks on applicants until after they make a conditional offer or considering arrest records that did not result in convictions.

According to Commissioner Cynthia Chestnut, this is only the first step towards creating second chances for people who have arrest and criminal records. They expect the Ordinance to grow and will be looking for input from local businesses as they proceed.

Exceptions

The proposed Ordinance includes exceptions for people who apply to safety sensitive positions, such as those that would work with children or other vulnerable populations. Further, it notes that if state law requires background checks to be run before a conditional offer is made or for arrests to be reviewed, then those laws must take precedence.

Employers Would Be Encouraged To Run Background Checks

If the Fair Chance Hiring Ordinance is voted into law, employers will still be encouraged to run comprehensive background checks on applicants, volunteers and contractors. Organizations do this to show that they are following due diligence best practices, make informed decisions and prevent negligent hiring scenarios.

Background checks would be run after an employer otherwise determines a candidate is eligible and makes a conditional offer. If a report contains criminal records, hiring managers will need to assess whether they warrant an adverse action, such as denial of employment. While reviewing criminal records, the City Commission would like employers to:

• Consider the individual's age at the time of the offense and any information showing rehabilitation and good conduct since the offense.
• Provide applicants with a copy of records that were used when they were making decisions.
• Provide applicants an opportunity to give the employer additional information related to their criminal record.

Takeaway For Employers

Organizations in Gainesville should be aware of the proposed Ordinance, know that feedback is being sought and understand that if it becomes law, they might need to change some of their hiring policies accordingly. Employers are advised to consult with legal counsel to ensure their policies are compliant with all applicable laws.

If You Need Background Checks

If your organization needs employment background checks, please contact us. Our knowledgeable team can help you customize screening packages for any type of position based on business needs, industry standards and applicable laws. We also provide a variety of educational resources, such as this blog and our State Laws section, to help raise awareness of laws that might be in effect where you operate.

If you have questions about screening or need assistance, we are available Monday through Friday from 5am to 6pm PT.