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Second Chance Jobs: Finding Work With a Record

Under the federal Fair Chance Act, federal agencies cannot ask about criminal history until after a conditional job offer, with some exceptions. The Federal Bonding Program gives employers a free bond covering your first six months, at no cost to you.

Updated October 20, 2026. Checked against U.S. Department of the Treasury, The Fair Chance to Compete Act Fact Sheet.

2026-10-20 ยท 6 min read

Your rights when you apply

  • Most federal jobs: no criminal history questions on the application, in the interview, or before a conditional offer (Fair Chance Act). The exceptions are jobs that need a security clearance, jobs with sensitive national security duties, federal law enforcement jobs and dual-status military technician jobs.
  • Many states and cities have fair chance ("ban the box") rules too: NELP counted 37 states, Washington DC and over 150 cities and counties in its October 2021 guide. Most of the state rules cover only government jobs; 15 states also covered private employers. That count may be out of date, so check your state.
  • Background checks: if the employer uses a background check company, it needs your written permission first. Before turning you down because of the report, it must give you a copy and a summary of your rights (FTC).

The Federal Bonding Program

The U.S. Department of Labor's Federal Bonding Program gives an employer a free fidelity bond for the first six months of your job, from $5,000 up to $25,000. It costs you and the employer nothing. You need a job offer with a start date before a bond can be issued. Call 1-800-233-2258 to start.

Tell employers about it when you interview: it lowers their risk at no cost.

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Frequently asked questions

What is the Federal Bonding Program?

A U.S. Department of Labor program that gives employers a free bond covering the first six months of a worker's job, $5,000 to $25,000, at no cost to the worker. Call 1-800-233-2258.

Can an employer ask about my record?

Most federal agencies cannot ask until after a conditional offer. Jobs that need a security clearance and federal law enforcement jobs are exceptions. Many states and cities have similar rules, but most cover only government jobs. As of NELP's October 2021 count, 15 states also covered private employers. Check your state's rules. If the employer uses a background check company, it needs your written permission first.

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Last updated: 2026-10-20