What data has OPM collected since 2023 on conditional offers rescinded due to criminal history?

1. What OPM changed in 2023 and why the question of rescinded offers emerged

OPM issued final regulations implementing the Fair Chance Act effective October 2, 2023, which generally forbids agencies and contractors from requesting criminal history before a conditional offer, and established new complaint and appeal procedures tied to timing of criminal-history inquiries, creating the policy space in which rescinded offers related to post-offer background checks could become a monitored metric ^{[1] [2]}.

2. What OPM said it would collect or track after the rule

In implementing the rule OPM publicly committed to partnering with the Chief Diversity Officers Executive Council and the Chief Human Capital Officers Council to establish agency-specific work plans and metrics aimed at increasing employment opportunities for people with records, and multiple stakeholder recommendations explicitly asked OPM to collect counts of conditional offers, applicants with convictions, offers rescinded, conviction types, hires made, positions and demographics — indicating that OPM acknowledged the need for data on rescissions but did not, in the cited material, publish that data ^{[3] [2]}.

3. External recommendations and EEOC requests for coordinated data

The EEOC’s reports on “Second Chances” called for coordination with OPM and DCSA to gather data on suitability adjudications and characteristics of applicants adjudicated as suitable or unsuitable, directly linking EEOC research goals to the kind of data that would reveal how often conditional offers are withdrawn because of criminal history ^{[4] [5]}.

4. OPM guidance, exceptions, and why counting rescinded offers is complicated

OPM issued implementation guidance and FAQs clarifying exceptions (e.g., positions statutorily required to check, sensitive or classified jobs) and that pre‑existing approved exceptions remain valid for particular positions, which means any count of rescinded offers must account for exempted roles and agency‑granted exceptions — a complexity OPM flagged in guidance that affects how a national rescission metric could be constructed ^{[6] [7]}.

5. What the public record actually contains about rescinded-offer counts since 2023

The documentation available in these sources documents rulemaking, guidance, and expressed intent to measure outcomes, but contains no published, agency‑wide statistics enumerating how many conditional offers were rescinded for criminal-history reasons after the rule’s effective date; reporting repeatedly notes recommendations that OPM collect such measures, but the sources do not provide OPM’s compiled numbers ^{[3] [8] [2]}.

6. Competing narratives and implications for transparency

Advocacy and research groups pressed OPM to collect granular data on rescissions and convictions to evaluate the policy’s impact and equity implications, while some employers warn that delayed disclosure increases the chance of rescinded offers and urged earlier inquiry or clearer exception processes — both perspectives appear in the sources and underscore why stakeholders requested robust OPM data, yet the provided materials show OPM taking steps to create metrics rather than publishing completed counts ^{[3] [5]}.

7. Bottom line and reporting limits

Based on the cited rulemaking, press releases, guidance and stakeholder commentary, OPM implemented the Fair Chance Act rules in 2023 and has signaled plans and been urged to collect data on conditional offers and rescissions, but the records provided do not contain an OPM dataset or public report quantifying rescinded conditional offers due to criminal history since 2023; absent additional OPM releases or data tables beyond these sources, that absence is the clearest finding ^{[1] [3] [2]}.