LAYTON — Serving eight months in a federal prison camp for his part in a mortgage fraud scheme forever changed how Jeffery Garrett approached his job as a human resources director, he says.

Going to prison opened his eyes to the added challenges offenders face on the outside. It forced him to think about how he could extend second chances to people who have made mistakes, served their time and were ready to turn the corner in their lives.

"I have a lot more empathy for people who may have had an issue or two in their lives," said Garrett, who handles human resources for a residential treatment center for teens.

A growing number of employers no longer ask on job applications whether job seekers have criminal convictions, a trend driven by a need to fill positions with otherwise qualified applicants, said Cecilia Romero, a Salt Lake attorney who specializes in employment law and commercial litigation.

Eighteen states and more than 100 counties have adopted "ban the box" laws or ordinances, said Romero, who addressed the Utah chapter of the Society of Human Resources Management's Crossroad Conference on Wednesday at the Davis Conference Center.

Utah does not have such a law, she said.

Lupe Oliva, who works in human resources for eBay, said the e-commerce company is reviewing its hiring policies because "we want to hire the very best talent."

Hiring decisions are based on several factors. Much depends on the position the company is trying to fill. Often, in-house counsel guides human resources staff through the decision-making process, she said.

"Really, it's what kind of risk are we willing to take to hire the best talent," Oliva said. "People make mistakes all the time. You want to be able to give that person a second chance."

Laws require employers to ask about criminal convictions when screening applicants for positions in which employees work with children, vulnerable adults or confidential financial information, Romero said.

But in other positions, a person's criminal history may not be a factor.

Romero said employers need to ask themselves, "Is this something we really need to do? Are we in a business that we need to know the criminal histories of our employees? That's a judgment for individual companies."

A second chance

Ken Taylor, who served three years in state prison after he was convicted of unlawful sexual contact with a 16-year-old girl, thanked human resources officials attending the conference for giving people with criminal histories a second chance.

Taylor, a former junior high teacher, trained to become a machinist while in prison. He was able to find employment shortly after leaving prison. Recently, he got a promotion to his employer's research and development division.

In many respects, leaving prison was more difficult than going in, he said.

"You go into prison, everything is very structured. Everything is provided for you. You have your clothes. You have your food. You have your bed. Everything is really structured. You get up at this time. You go to bed at this time," Taylor said.

"Coming out of prison, there were just all kinds of fears. I had a fear of open spaces. I had a huge fear of being able to support myself and my family."

Bob Eckman is an Adult Probation and Parole agent who works with offenders who are preparing to leave jail or prison and need to find employment upon release. The Department of Corrections' Utah Defendant Offender Workforce Development Task Force teaches offenders practical skills they need to land a job.

"Most offenders have such a low self-esteem coming out, they really don't know how to talk about their criminal history in a productive way," Eckman said.

Sometimes, little gestures go a long way to landing a job, he said.

"Thank you notes are huge. They're tiebreakers to getting employment," Eckman said.

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Former offenders obviously need work to support themselves and successfully return to their communities. However, employing people with criminal histories also helps to reduce recidivism, said Salt Lake attorney Roger Tsai, who specializes in employment and immigration law.

"Unemployed ex-offenders are three times more likely to be reincarcerated. If we can find them jobs shortly after they serve their time, they are three times less likely to go back into prison," he said.

Nationwide, one-third of all Americans in the workforce have a criminal background, he said.

"When they leave prison, typically about 50 to 65 percent end up being unemployed for long durations, which is a really difficult statistic to hear," Tsai said.

Shifting attitudes

Attitudes are shifting, Romero said. Legislation was recently introduced in Congress to "ban the box" on job applications for federal contractors.

At companies like eBay, human resources departments are taking a hard look at hiring practices and policies that may unnecessarily exclude candidates with criminal histories.

"Ultimately we want people to be productive members of society. … We want to do the right thing. That's what our company was founded on," Oliva said.

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