Since the signing of the First Step Act, employers have started to recognize the benefits of a larger pool of employees eager to reacclimate themselves into the workforce. The Act provides nonviolent federal prisoners with retroactive “good credit time” and incentives for participating in pre-release programs. Employers who wish to tap into this expanding workforce potential should consider the following important factors: 1. Whether background check procedures are in compliance with the Fair Credit Reporting Act (FCRA); 2. Whether federal and/or state law mandates background checks for certain industries and 3. Whether company policy is narrowly tailored.