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“Ban the Box” was designed to level the playing field and give justice-involved individuals a fair shot at employment without being immediately dismissed because of a checkbox on an application. The intent was simple: remove the question about criminal history so employers could see the person before the past.

But here’s the hard truth: removing the box doesn’t remove the bias.

The Interview That Feels Fair Until It’s Not

Imagine going through the entire hiring process, submitting your resume, nailing the interview, feeling seen for your skills and passion, only to receive that call:

“We decided to go in a different direction.”

No explanation. No feedback. Just silence that echoes with the same stigma you thought you’d finally escaped.

For many justice-involved job seekers, this is the moment the system quietly resets. Because once the background check returns, that same past they hoped to move beyond becomes the barrier once again. The box may be gone from the application, but it still exists in the minds of hiring managers, HR systems, and company policies.

The Gap Between Policy and Practice

The “Ban the Box” movement has been adopted across more than 37 states and 150 cities in the U.S., a powerful step toward fair hiring. Yet, studies show that even after implementation, justice-involved applicants still face significantly lower callback and hiring rates once a background check is run.

Why? Because policy can’t shift perception on its own.

If a company hasn’t addressed the fear, misunderstanding, or risk-averse culture behind the hiring process, the bias simply moves further down the pipeline. It doesn’t go away, it hides. And when it surfaces, it often looks like “company policy” or “concerns about liability.”

The Missed Opportunity

Employers who automatically reject someone based on a background check often overlook incredible talent. Many justice-involved individuals are some of the most driven, loyal, and resilient people in the workforce. They’ve already overcome obstacles that demand problem-solving, grit, and accountability, traits any business claims to value.

Research from the U.S. Chamber of Commerce shows that employees hired through second-chance programs often have higher retention rates and stronger performance than traditional hires. That’s not coincidence. That’s commitment.

And yet, far too often, that commitment is dismissed because a background report returns a record instead of a résumé.

What True Fair Chance Hiring Looks Like

If “Ban the Box” is step one, then true fair chance hiring is what comes next.

It’s when companies move beyond compliance and into intentional inclusion. That means:

Individualized assessments instead of automatic rejections, evaluating each conviction in the context of time, relevance, and rehabilitation. Transparent conversations with applicants, giving them a chance to explain what’s changed and how they’ve grown. Training HR and hiring managers to understand that redemption isn’t theoretical, it’s practical, measurable, and often transformative. Building partnerships with reentry programs and nonprofits like Persevere to help connect employers with pre-vetted, work-ready talent and ongoing support.

These practices don’t just fill jobs; they build stronger companies and safer communities.

The Real Question

Maybe the question isn’t whether employers should “ban the box.”

Maybe it’s whether they’re ready to open the door.

Until that happens, fair chance hiring will remain a checkbox of its own, a policy that sounds good on paper but never fully lives out its promise.

Because fairness doesn’t happen at the application stage; it happens at the decision table.

And until that table includes empathy, education, and equity, many qualified individuals will remain on the outside looking in.

Closing Thought

At Persevere, we’ve seen what happens when employers truly commit, when they move past fear and toward opportunity. Lives change. Families stabilize. Communities grow.

“Ban the Box” started the conversation.

Now it’s time we finish it with action that matches our intentions.