A Path to Reintegration: Second Chance Employment and the Guam Fair Chances Hiring Act

The conversation around employment often overlooks a massive, yet often motivated, segment of the potential workforce: individuals with past criminal convictions. This oversight is more than a missed opportunity; it's a systemic barrier that hinders personal growth, community safety, and economic prosperity.

Second chance employment is the intentional practice of recruiting and hiring those with criminal records, a movement that provides a vital pathway to reintegration and societal benefit.

The Strength of Second Chances

Denying employment based solely on a criminal record can lead to a cycle of poverty and re-offense. Stable, meaningful employment is one of the single most effective factors in reducing recidivism or repeat offenses.

When a person can earn a living, support their family, and contribute to society, they gain financial stability, self-respect, and a powerful incentive to remain on a positive track.

For the community, the benefits are profound. A decrease in recidivism directly translates to safer neighborhoods and a reduced burden on the criminal justice system, saving taxpayer dollars. Furthermore, second chance hiring can be a smart business strategy.

Studies show that these employees often demonstrate exceptional loyalty and motivation, resulting in lower turnover rates for employers and access to a vast, overlooked talent pool. In an era of tight labor markets, this pool represents a significant resource for businesses seeking dedicated workers.

The Guam Fair Chances Hiring Act

Guam has formalized this commitment to fair employment through the Fair Chances Hiring Process Act (FCHPA), sometimes referred to as "Ban the Box." This legislation is designed to ensure that an individual's past mistakes do not automatically preclude them from a chance at employment and a productive future.

The core of the FCHPA is simple: it prohibits employers with more than 15 employees from inquiring about an applicant's criminal history (including requiring police or court clearances) until after a conditional offer of employment has been extended. This crucial delay ensures that applicants are evaluated based on their qualifications and experience first, not pre-emptively disqualified by a box on a form.

If an employer decides to withdraw a conditional offer based on a criminal history, the Act requires them to follow a strict process, including:

·       Considering factors like the specific duties of the job, the nature and severity of the offense, and the time elapsed since the conviction.

·       Providing the applicant with a written Statement of Denial that articulates a legitimate business reason for the decision and advises them of their right to file a complaint.

Community-Wide Benefits on Guam

The FCHPA is a legislative tool that drives positive change across Guam's community and economy.

First, it broadens the local talent pool, helping businesses fill critical vacancies with motivated individuals. In an island economy where workforce shortages can be a challenge, tapping into this skilled group strengthens the local labor market.

Second, it promotes economic stability by turning former offenders into contributing taxpayers and consumers.

This infusion of earning power stimulates the local economy, benefiting everyone from small businesses to large corporations. For a small island economy, this is beneficial.

Finally, and perhaps most importantly, the Act supports the fundamental values of equity and rehabilitation. By removing automatic barriers, it offers hope and dignity to those seeking to rebuild their lives.

It sends a message that the community believes in personal growth and is willing to accept individuals who have paid their debt and are ready to contribute. The success of the FCHPA will be measured not just in employment statistics, but in the strengthening of families and the overall enhancement of public safety and social cohesion across Guam.

The Guam Fair Chances Hiring Process Act (FCHPA), which is Public Law 34-22, officially went into effect on February 8, 2018. I'd be curious to see if the Department of Labor has some statistics now on how the Act has helped people who needed that second chance, and how it has added to our economic recovery from the pandemic.

Originally published on guampdn.com 11/25/25