Fair Hiring Opportunities for Public Employment (HOPE) Amendment Act of 2025

COUNCIL OF THE DISTRICT OF COLUMBIA
OFFICE OF COUNCILMEMBER BROOKE PINTO
THE JOHN A. WILSON BUILDING
1350 PENNSYLVANIA AVENUE, N.W., SUITE 106
WASHINGTON, D.C. 20004

March 24, 2025
Nyasha Howard, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W.
Washington, DC 20004
Dear Secretary Howard,
Today, along with Councilmember Anita Bonds, I am introducing the “Fair Hiring Opportunities
for Public Employment (HOPE) Amendment Act of 2025.” This bill seeks to provide fairness and
transparency in the District’s hiring process for returning citizens.
The District has a model “ban the box” policy that prevents both District government and private
employers from asking criminal background questions on job applications. The advantage of this
policy is that it prevents employers from automatically screenin g out individuals with criminal
backgrounds and allows those individuals a greater opportunity to represent themselves to a
potential employer. However, thousands of District residents return from local or federal
corrections facilities each year and face many barriers to employment. Nationally, the
unemployment rate for formerly incarcerated people is nearly five times higher than the general
population.1 Employment is one of the strongest predictors of successful reentry, and so it is critical
that we provide opportunities for employment and career growth for returning citizens.2

The District has a number of transitional employment programs to provide job readiness and job
training for returning citizens who face barriers to employment. However, these individuals
sometimes face challenges switching from these training programs to full -time employment. To
address these barriers, this bill would ensure that individuals already employed or participating in
a District-facilitated transitional employment program, such as Project Empowerment, have an
opportunity for their recent job performance to weigh heavily in the consideration of their
application for permanent employment. In recognition of their commitment to these programs, this
bill would also provide a hiring preference for individuals who have completed a District -
facilitated transitional employment program, such as Project Empowerment.

This bill also seeks to establish more objective evaluative criteria, create more transparency, and
provide more support in the hiring process. It would clarify the process by which criminal history
reports are prepared and reviewed to ensure that only relevant information is reviewed and
establish more objective criteria for evaluating criminal histories for employment suitability
purposes. Additionally, the bill r equires that, should an applicant need assistance submitting a

1 Stephanie Ferguson, Makinzi Hoover, Isabella Lucy, The Workforce Impact of Second Chance Hiring, US
Chamber of Commerce (September, 2024), available here.
2 Criminal Justice Coordinating Council. Reentry in the District of Columbia: Supporting Returning Citizens'
Transitions into the Community, available here. https://cjcc.dc.gov/page/reentry-district-columbia-supporting-
returning-citizens-transitions-community

response to demonstrate rehabilitation, the applicant be connected with community partner
organizations that provide career -development resources to help them complete this process .
Further, when a candidate is deemed unsuitable, the bill requires the program administrator and
agency hiring coordinator to provide a formal writing to the applicant outlining the final denial,
the reason for the denial, the steps of the appeals process, and the earliest date an applicant may
re-apply. It also requires DCHR to present an annual report to the Council about returning citizen
hiring practices, hiring rates, and reasons for denials.

By providing additional support to individuals who successfully complete a transitional
employment program and by establishing more objective evaluative criteria, enhancing
transparency, and providing support in the hiring process, we can support successful reentry and
reduce recidivism.
Should you have any questions about this legislation, please contact my Committee and
Legislative Director, Linn Groft, at lgroft@dccouncil.gov.
Thank you,

Brooke Pinto
Ward 2 Councilmember
Chairwoman, Committee on the Judiciary and Public Safety
Council of the District of Columbia

_____________________________ _____________________________ 1
Councilmember Anita Bonds Councilmember Brooke Pinto 2
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A BILL 7
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
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To amend Title 6-B of the District of Columbia Municipal Regulations to establish a 16
hiring preference for graduates of qualifying transitional employment programs and to clarify the 17
process by which an applicant’s criminal history is considered when applying for employment 18
with District government. 19
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
act may be cited as the “Fair Hiring Opportunities for Public Employment (HOPE) Amendment 22
Act of 2025”. 23
Sec. 2. Title 6-B is amended as follows: 24
(a) Section 212 (6-B DCMR § 212) is amended as follows: 25
(1) Subsection 212.1 is amended by striking the phrase “or foster care youth 26
preference” and inserting the phrase “foster care youth preference, or qualifying transitional 27
employment program graduate preference” in its place. 28
(b) A new section 216 is added to read as follows: 29
“216 QUALIFYING TRANSITIONAL EMPLOYMENT PROGRAM GRADUATE 30
EMPLOYMENT PREFERENCE 31
“216.1 An individual who applies for a competitive appointment or promotion, meets the 32

qualifications of the position to which they have applied, and has graduated from Project 33
Empowerment or a similar transitional employment program through the Department of 34
Employment Services (DOES) or other District agency will qualify for a transitional 35
employment program graduate employment preference and shall be awarded a ten (10)-point 36
hiring preference. 37
“216.2 All job postings shall inform District candidates of their eligibility for any 38
applicable transitional employment program graduate hiring preference. Such job postings shall 39
also inform candidates of the programs for which completion currently grants eligibility for the 40
hiring preference. 41
“216.3 DCHR shall annually identify all programs providing hiring preference eligibility 42
and communicate the list of eligible programs to agency employers. Agency employers shall 43
include this list in all relevant job postings. 44
“216.4 Applicants who claimed transitional employment program graduate preference 45
shall furnish proof of eligibility in a manner prescribed by the personnel authority.” 46
(c) A new section 416-a is added to read as follows: 47
“416-a CRIMINAL HISTORY REPORTS AND RELEVANCE SCREENS 48
“416-a.1 (a) The program administrator shall request a criminal history report that 49
includes only convictions and pending criminal charges. If the criminal history report includes 50
extraneous information not limited to convictions and pending criminal charges, the program 51
administrator shall extract any convictions and pending criminal charges. 52
“(b) If no convictions or pending criminal charges remain, nothing in the criminal 53
history may prevent the applicant from passing the enhanced suitability screening. 54
“416-a.2 (a) Initial determinations of unsuitability should be made based on convictions 55

bearing a reasonable, direct connection to the responsibilities of the role for which the individual 56
has applied. The program administrator shall apply a Relevance Screen to the criminal history 57
report. For each conviction or pending prosecution in the criminal history report, the program 58
administrator shall use the Relevance Screen to determine whether the conviction or pending 59
prosecution is relevant to the duties and responsibilities of that employment position. If it is 60
relevant, then the conviction or pending prosecution shall remain in the report. If it is not 61
relevant, then the conviction or pending prosecution shall be removed from the report. 62
“(b) If no convictions or pending criminal charges remain, nothing in the criminal 63
history may prevent the applicant from passing the enhanced suitability screening. Any 64
remaining convictions or pending criminal charges shall constitute the Relevant Criminal History 65
Report. 66
“416-a.3 (a) The program administrator shall develop a “Relevance Screen” outlining 67
which convictions should be considered in the hiring process for a particular position. The 68
Relevance Screen is used to determine what information in the criminal history report is relevant 69
to the position for which the applicant has been conditionally approved. 70
“(b) To develop a Relevance Screen, the program administrator, in collaboration 71
with the hiring agency representative, shall: 72
“(1) Beginning with the job description for the position, identify which 73
duties and responsibilities contribute to certain risks arising from the nature of the job. The 74
program administrator shall reference the position description, including the enhanced suitability 75
screening designation category (safety, protection, or security sensitive); the brief explanation of 76
the duties and responsibilities supporting the designation; the statement explaining the enhanced 77
suitability screenings required for the position, as required by § 406.6; and Relevance Screen 78

Development Guidance issued by the agency. 79
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“(2) Apply an appropriate “look back” period within which to consider 81
prior convictions. An appropriate look back period will screen only for convictions that are 82
recent enough to indicate significant risk. 83
“(A) For felonies other than offenses in Guideline Groups 1, 2, or 84
3, a criminal history shall include any convictions for which the sentence was completed not 85
more than 8 years before the date of application for employment. 86
“(B) For misdemeanors, a criminal history shall include any 87
convictions for which the sentence was completed not more than 5 years before the date of 88
application for employment. 89
“(C) Convictions for sex offenses and child abuse or cruelty to 90
children shall not be excluded by the lookback period. 91
“416-a.4 A Relevance Screen should be used when assessing criminal histories for 92
similar positions. A Relevance Screen may be updated periodically. 93
“416-a.5 The program administrator shall endeavor to use the same relevance screen for 94
identical or similar positions.” 95
(d) Section 417 is amended as follows: 96
(1) Subsection 417.1 is amended to read as follows: 97
“417.1 The program administrator shall transmit the Relevant Criminal History 98
Report to the respective hiring agency and conduct a coordinated review with the hiring agency 99
representative. Where the applicant’s Relevant Criminal History Report contains any convictions 100
or pending criminal charges, there shall be a presumption that the applicant remains qualified for 101

the position for which a conditional offer of employment has been extended.” 102
(2) Subsection 417.2 is amended to read as follows: 103
“417.2 The program administrator, in conjunction with the agency hiring 104
representative, shall assess any information in the Relevant Criminal History Report and make an 105
initial determination whether their history would prevent the individual from adequately and 106
faithfully fulfilling the duties and responsibilities of the position for which they have received a 107
conditional offer of employment.” 108
(3) Subsection 417.3 is repealed. 109
(4) Subsection 417.4 is amended to read as follows: 110
“417.4 The program administrator, in conjunction with the hiring coordinator at the 111
respective agency, shall review the Relevant Criminal History Report to produce a written 112
evaluation of an individual’s criminal history to determine whether he or she is suitable for 113
District service. To make this determination, the program administrator shall consider any 114
relevant criminal offense in the context of the specific duties and responsibilities of the position 115
and the bearing, if any, that the relevant convictions or pending prosecutions in the Relevant 116
Criminal History Report has on those duties and responsibilities. 117
“(a) Factors to consider in making this determination shall include: 118
“(1) Whether the position offers the opportunity for the same or a similar offense 119
to occur; 120
“(2) Whether circumstances leading to the conduct for which the person was 121
convicted will recur in the position; 122
“(3) The length of time that has passed since the criminal offense(s); 123
“(4) The age of the individual at the time of the criminal offense(s); 124

“(5) The frequency and seriousness of the criminal offense(s); 125
“(6) Any mitigation information provided by the individual in response to the 126
relevant information in the criminal history report; 127
“(7) Any social or environmental conditions contribution to the offense; 128
“(8) For applicants currently employed by a District agency or participating in a 129
qualifying transitional employment program, agency or program review of the applicant’s prior 130
job performance and demonstrated professional capacity; and 131
“(9) The District’s policy favoring re-entry of ex-offenders into its work force. 132
“(b) For applicants currently serving a District agency in a position newly classified as 133
requiring enhanced suitability screening, applying to a new position within the District 134
government subject to enhanced suitability screening, reappointed to a position within the 135
District government requiring enhanced suitability screening, or applying within District 136
government after completing Project Empowerment or a similar transitional employment 137
program through the Department of Employment Services (DOES) or other District agency, 138
consideration of the agency’s assessment of the applicant’s prior job performance and 139
demonstrated professional capacity is particularly appropriate and should be afforded significant 140
weight.” 141
(e) Section 424 is amended to read as follows: 142
“424 CLARIFYING DEROGATORY INFORMATION 143
“424.1 Whenever a general and enhanced suitability screening reveals derogatory 144
information the program administrator shall: 145
“(a) Notify the individual that there will remain a presumption that the individual remains 146
qualified for the position. 147

“(a-1) Notify the individual as to the source, nature, and potential impact of the 148
derogatory information; and 149
“(b) Allow the individual no less than ten (10) business days and no more than twenty-150
one (21) calendar days to provide a response, through an in-person interview or written response 151
if not available for an interview, to the derogatory information. The personnel authority may 152
authorize a shorter time period under extraordinary circumstances. 153
“(c) Applicant shall be advised that they may submit a statement with evidence to 154
demonstrate mitigation or rehabilitation, along with any other information the applicant wishes 155
to provide to explain derogatory information found. Along with the applicant’s statement, 156
additional relevant evidence of mitigation or rehabilitation may include letters of 157
recommendation from community members and certificates of completion from programs or 158
education. 159
“424.2 (a) Applicants should be advised that they may request assistance completing a 160
response to information arising from a Relevant Criminal History Report. 161
“(b) Should an applicant request assistance pursuant to 424.2(a), the program 162
administrator shall provide the applicant with a list, including up-to-date contact information, of 163
agencies and local community partner organizations providing assistive career and professional 164
development resources for returning citizens. 165
“(c) The program administrator shall identify and maintain relationships with such 166
partner agencies and organizations, encouraging the provision of supportive resources for the 167
purposes of this subsection. 168
“424.3 When response to derogatory information is received, employers shall hold the 169
position open until review of the applicant’s response is complete.” 170

(f) New sections 425 and 426 are added to read as follows: 171
“425 REVIEW OF APPLICANT RESPONSE TO DEROGATORY INFORMATION 172
“425.1 The program administrator shall respond to an applicant’s response to derogatory 173
information no later than twenty-one (21) calendar days after receipt of written response or after 174
conduction of an in-person interview. 175
“425.2 Evidence of mitigation or rehabilitation may be established by: 176
“(a) Evidence showing that at least one year has elapsed since release from any 177
correctional institution without subsequent conviction of a crime; 178
“(b) Evidence showing compliance with terms and conditions of probation or 179
parole; or 180
“(c) Any other evidence of mitigation or rehabilitation and present fitness 181
provided, including, but not limited to, letters of reference. 182
“425.3 The program administrator and all DCHR staff conducting review of applicant 183
responses to derogatory information shall be required to complete a training in best practices 184
governing trauma-informed evaluations of returning citizen responses on an annual basis.” 185
“426 DETERMINATION OF UNSUITABILITY BASED ON ENHANCED 186
SUITABILITY SCREENING REULTS 187
“426.1 Should the program administrator deem an applicant unsuited for the position to 188
which they have applied based on information contained in the Relevant Criminal History 189
Report, the program administrator shall notify the individual in a formal writing stating: 190
“(a) The final denial or disqualification; 191
“(b) The reason(s) for the determination of unsuitability for the position; 192
“(c) Explanation of the appeals process; and 193

“(d) The earliest date at which the applicant may reapply for a position of employment 194
with the agency. 195
“426.2 DCHR shall submit, at the close of each Council period, a confidential report to 196
the Council which will review the District’s hiring practices in an effort to ensure that people 197
with criminal records are not unreasonably denied employment with the District. This report 198
shall include: 199
“(a) The number of job applicants deemed unsuitable for government employment during 200
an enhanced suitability screening and who have relevant criminal convictions or pending 201
prosecutions; 202
“(b) An anonymized summary of the rationales behind determinations of unsuitability; 203
and 204
“(c) The number of successful appeals for reconsideration of unsuitability.” 205
(g) Section 499 is amended by adding a new definition as follows: 206
“Returning Citizen –– an individual who has been incarcerated for a cumulative period of 207
six (6) months or more during the five (5) years preceding application for employment.” 208
Sec. 3. Fiscal impact statement. 209
The Council adopts the fiscal impact statement in the committee report as the fiscal 210
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 211
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 212
Sec. 4. Effective date. 213
This act shall take effect after approval by the Mayor (or in the event of veto by the 214
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 215
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 216

24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 217
Columbia Register. 218