The Employer Guide.
Incentives, resources, and safeguards for second chance hiring in Arkansas. Built for employers who want results, stability, and accountability.
Why This Matters
A record is one hiring factor.
Employers are often told to be afraid of hiring people with records. But fear by itself is not a hiring policy.
A real policy looks at safeguards, supervision, role fit, individualized assessment, workplace accountability, and available workforce support.
Employment stability is public safety work. When people can work, support themselves, and stay accountable, the whole community benefits.
Federal Tax Credit Status
The WOTC rules changed after 2025.
The IRS states that the Work Opportunity Tax Credit does not apply to employees who begin work after December 31, 2025.
Before the current expiration, the general maximum credit was 40% of up to $6,000 in first-year wages for a qualified employee who worked at least 400 hours.
For eligible hires beginning within the authorized period, the general credit rate was 40% of qualifying wages after at least 400 hours of service.
A 25% rate applied for eligible workers with at least 120 but fewer than 400 hours.
Under the prior active program, employers generally submitted Form 8850 to the state workforce agency within 28 days after the employee began work.
Active Employer Protection
Federal Bonding remains available.
The Federal Bonding Program provides fidelity bonds for employers hiring eligible workers who may otherwise face barriers to traditional bonding. Justice-involved individuals are among the groups the program serves.
The bonds protect participating employers against covered losses resulting from dishonest acts during the initial bond period.
Probation and Parole
The employer may not be the only accountability point.
Employment stability may be required as part of an individual's supervision conditions. Specific conditions vary by person. Depending on the supervision order, requirements may include employment or job search, regular check-ins, testing, and consequences for violations.
Employment
Mandatory employment or job-search requirements may apply.
Check-ins
Regular supervision check-ins may be required.
Testing
Drug or alcohol testing may apply when ordered.
Compliance
Conditions depend on the individual's actual supervision order.
Consequences
Violations can carry immediate consequences.
Employer Decision Framework
Do not build fear into the hiring policy.
Criminal-history review should be tied to the actual job and legitimate business considerations. EEOC guidance emphasizes the nature of the offense, the time that has passed, and the nature of the position.
The Role
What are the essential duties, access, responsibilities, and legitimate risks of the position?
The Record
What is the nature and gravity of the conduct?
The Time
How much time has passed since the conduct or completion of sentence?
The Relevance
How directly does the record relate to the duties and risks of this particular job?
The Individual
Consider relevant individual information, including work history, training, rehabilitation, stability, and other circumstances.
Employer Checklist
Build your second chance hiring plan.
Use this as a practical internal review. Checking every item does not certify legal compliance or guarantee program eligibility. It simply gives the employer a structured place to start.
This does not mean the applicant, employer, or position has been legally approved. It means the five planning areas in this ARI guide have been reviewed.
Employer Review Tool
Start with the actual job.
This tool does not tell an employer whether to hire or reject someone. It surfaces questions employers should consider before making a record-based employment decision.
Employer Resources
Start with official sources.
Second chance hiring is not about ignoring risk.
It is about refusing to confuse a record with the whole person.
Federal Bonding, workforce partners, supervision requirements where applicable, job-related review, and individualized assessment can help employers make more informed decisions.
Blanket exclusions treat every record the same. They do not account for the job, the facts, the timing, the person, or the actual relevance.
Stable employment can reduce instability, support accountability, help families, and strengthen communities. People cannot rebuild without access to lawful work.
Support the Work
Help ARI keep practical resources available.
Your support helps Arkansas Restorative Initiative continue public education, reentry research, employer resources, community accountability, and restoration-focused work across Arkansas.