10/12/2026
The Equal Employment Opportunity Commission has submitted a draft final action to the White House that would rescind its 2012 guidance on employers' use of arrest and conviction records.
That guidance has discouraged blanket criminal-record exclusions and encouraged employers to consider the offense, time elapsed and relevance to the position.
The proposal is undergoing White House review; it has not yet taken effect.
This could be one of the most significant federal policy reversals affecting second-chance hiring in years. And would put the burden back on second chance organizations to persuade employers through business performance, workforce development and retention rather than relying primarily on regulatory pressure.
The EEOC sent to the White House for review plans to scrap Obama-era guidance that dissuades employers from using arrest and criminal records in making hiring decisions, part of its broader rejection of unintentional bias claims.