Can you hire an electrician with a felony record?

Yes. Federal law doesn't stop a private electrical contractor from hiring someone with a felony record, and the EEOC's guidance steers employers away from blanket "no records" rules. What the law controls is how and when you ask and how you decide: ban-the-box laws in at least 15 states reach private employers, and the FCRA sets steps whenever you use a background check company.

One national electrical contractor told us flatly: "We accept ex-felons. We believe in redemption and second chances to people." Plenty of shops feel the same way, and with licensed journeymen scarce, more are taking a second look. This post covers the legal side: what to ask, when, how to run the check, what the license board does, the free bond you can get, and where the federal tax credit stands in 2026. It's general information, not legal advice. Before you turn anyone down because of a record, talk to your employment lawyer.

The rest of the hiring paperwork is in hiring law basics for electrical contractors.

01Arrests vs convictions: what the EEOC says

An arrest isn't proof of anything, and a conviction should be weighed against the job, not used as an automatic no. That's the core of the EEOC's 2012 guidance on arrest and conviction records (No. 915.002).

The guidance says "the fact of an arrest does not establish that criminal conduct has occurred." You can act on the conduct behind an arrest if it makes him unfit for the job, but not on the arrest by itself.

For convictions, it points to three factors from a federal court case called Green v. Missouri Pacific Railroad:

The guidance also recommends an individualized assessment: tell the person his record may cost him the job, give him a chance to explain, and consider what he tells you. Evidence that counts includes the circumstances, rehabilitation, work history since, and references. The EEOC's best practice is to drop policies that exclude anyone with any record. The guidance itself says it doesn't have the force of law, but it's how the EEOC looks at a charge.

02When you can ask: ban-the-box laws

In many states you can't ask about a record on the application, and in some you can't ask until after a job offer. The National Employment Law Project's state and local guide, dated October 2021, lists 15 states whose laws reach private employers: California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.

That list is from 2021, and states and cities have kept passing laws since, so check your state's labor department and any city you hire in. Several big cities have their own rules that go further than their state's.

California is the strictest example. Its Fair Chance Act covers employers with five or more employees and generally bars asking about conviction history before a job offer. After the offer, the state requires its own written notice steps before you pull it, which the Civil Rights Department publishes as sample forms.

A safe default anywhere: no record question on the application. Ask after a conditional offer, then follow the steps below.

03Running a background check the legal way

If a screening company runs the check, the Fair Credit Reporting Act applies, and the FTC lays out the steps:

1. Give a written notice that you may use a report, as a stand-alone document.
2. Get his written permission.
3. Certify to the screening company that you complied and won't misuse it.
4. Before you decide against him because of the report, give him a copy and "A Summary of Your Rights Under the Fair Credit Reporting Act," and give him time to respond.
5. If you go ahead with the no, send an adverse action notice with the screening company's contact information, a statement that it didn't make the decision, and his right to dispute and get a free report within 60 days.
6. Destroy the report securely when you're done with it.

Step 4 is where shops slip. Reports get things wrong: the wrong man with the same name, a dismissed charge listed as a conviction. The pause before the final decision is where those get caught. In a state like California, the state's own written notice steps apply on top of the federal ones.

04The license board side

The state license board does its own check, separate from yours. Some boards ask about convictions on the application and decide case by case. That's his license to get and keep, not your call, but it matters to you because a journeyman with a lapsed or denied license can't do licensed work on your job.

Two practical steps:

• Look up his license on the state board before he starts, and confirm it's active and the right class. If his record came up recently, look for discipline on the board's site.
• If he's working toward a license, know that his record may slow the board's review. What boards ask and how they decide is in can you get an electrician license with a felony.

05The Federal Bonding Program

A free fidelity bond is available when you hire someone with a record, and it costs you nothing. The program, run for the Department of Labor, is explained on bonds4jobs.com:

• Cost: free to the employer. You "do not sign any papers" to get it.
• Coverage: bonds range from $5,000 to $25,000, with no deductible.
• Length: the first six months from his start date. It ends on its own. After that, if he's shown he's honest, you can buy continued coverage from the insurer, subject to underwriting.
• Who qualifies: at-risk applicants, including justice-involved people, people in recovery, people with poor credit and people dishonorably discharged. He has to be a wage earner with federal taxes taken out of his check, not self-employed.
• How: through your state's bonding coordinator, once there's a job offer and a start date.

The bond reimburses you for employee theft of money or property, including forgery and embezzlement. It doesn't cover poor workmanship, job injuries or accidents. It's most useful when a customer asks whether the service electrician going into their home is bonded.

06WOTC in 2026: don't count on it

As of October 2026, the federal hiring tax credit known as WOTC, which used to cover qualified ex-felons, isn't available for people hired in 2026. The IRS WOTC page, last updated July 20, 2026, says the credit is for people who "begin work on or before December 31, 2025." The Form 8850 page carries a March 19, 2026 notice: "Form 8850 is no longer in use."

If Congress renews it, the IRS page will say so, along with the filing rules. Watch that page. Don't build a hiring decision on a credit that isn't on the books today.

07A decision process that holds up

Here's one way to run it, built from the EEOC guidance and the FCRA steps. It keeps you fair and gives you a paper trail.

1. Application: no record question. Ask about licenses, experience and the work.
2. Interview and bench test: judge the hand on his skills first.
3. Conditional offer: in writing, saying it depends on the background check (and the drug test, if you use one).
4. Check: FCRA notice and consent, then the report.
5. Look at what's there against the three Green factors and the actual job.
6. If something worries you: tell him, show him the report, and ask him about it. Write down what he says.
7. Decide and write down why, in terms of the job. If it's a no, send the adverse action notice.
8. If it's a yes: request the bond from your state coordinator if it helps you or your customer.

What the hire looks like after day one, and whether these hands stay, is in second-chance hiring for electrical contractors. If you also test for drugs, the state rules are in drug testing electricians after legal weed.

A record is one thing to weigh. The bigger problem for most shops is getting enough licensed hands to weigh at all. If you're short-handed, apply here and we'll see if we can put 5 licensed electricians in front of you in 14 days.

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