Pathway 1

Nature-Time-Nature Individualized Assessment

 

When a criminal record appears during a background check, employers should use the Nature–Time–Nature framework to guide their decision-making. This process involves looking at (1) the nature of the offense and whether it relates to the job, (2) the time that has passed since the conviction or sentence, and (3) the nature of the job being applied for. Research shows that as time passes, the risk of reoffending often drops significantly, sometimes equaling that of people without any criminal history after just a few years.

This individualized approach allows employers to assess applicants more fairly and reduce risk responsibly. Taking into account any rehabilitation efforts or mitigating factors strengthens the accuracy of hiring decisions. If an issue were to arise in the future, documented due diligence can offer legal protection and demonstrate responsible hiring practices.

Five Key Steps to Minimize Risk in Hiring

  1. Document and Consider All Job Responsibilities
    Don’t rely on job titles alone. Assess whether the role involves any higher-risk tasks or settings.
  2. Don’t Fail to Investigate
    Consistently perform background checks and review prior employment or relevant experience before hiring.
  3. Obtain Accurate Records
    Use reliable background check providers to ensure complete and accurate information—not just self-reports.
  4. Conduct Individualized Assessments
    Weigh factors like offense severity, time passed, relevance to the job, and any signs of rehabilitation.
  5. Get Help from Community Partners
    Partner with local reentry and workforce development organizations who can help assess candidates and support successful hiring.

Negligent Hiring Liability, Need for Perspective, and Preventive Strategies

State of Connecticut Certificate of Employability

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