Quick Answer

Yes, Five Guys does hire individuals with felony convictions on a case-by-case basis. As a major fast-casual burger chain with locations worldwide, Five Guys can offer opportunities for Second Chance applicants. Many locations are franchise-owned, so hiring decisions are often made locally, and locations can weigh criminal records differently. Employment may be conditional upon passing a background check and is subject to federal law and applicable state and local Ban the Box laws.

A criminal-record restriction may violate Title VII or applicable state or local law, depending on the circumstances. The EEOC rescinded its 2012 criminal-record guidance in October 2026, so it should not be treated as a current universal individualized-assessment requirement.

The greatest barriers are created by felonies related to theft, fraud, or embezzlement (cash handling and inventory access), violent crimes (customer and employee safety concerns), and drug distribution (food service environment). Recent offenses within the past 2-3 years face the highest scrutiny regardless of type.

Entry-level Crew Member positions (grill cook, fry cook, line runner) offer the most accessible opportunities for Second Chance applicants due to high-volume hiring needs, consistent turnover, and the decentralized hiring culture that allows individual GMs discretion in hiring decisions.

Table of Content

1. Quick Answer

2. Felon-Friendly Scorecard

3. Eligibility Checklist

4. Critical Regulatory Information

5. Company Overview

6. Hiring Policy Analysis

7. Background Check Process

8. Application Strategy

9. Tips for Applicants with Records

10. Benefits Overview

11. Frequently Asked Questions

12. Alternative Second Chance Employers

13. Conclusion

14. Disclaimer

Felon-Friendly Scorecard

Eligibility Checklist

Before applying, honestly assess whether you meet these baseline requirements:

• Criminal-record protections: The EEOC rescinded its 2012 arrest-and-conviction-record guidance in October 2026. Title VII continues to prohibit unlawful employment discrimination. Applicable state and local laws may require individualized assessment or provide other fair-chance protections; coverage depends on the employer, job and location.

  
  

• Job-Related Assessment: Must be prepared for the company to evaluate whether your felony is related to the job duties using the Green Factors (nature of crime, time elapsed, nature of job).

  
  

• Physical Requirements: Must be able to perform physically demanding work including standing for extended periods (8+ hours), working in a hot kitchen environment, lifting up to 50 lbs, and working at a fast pace.

  
  

• Drug Screen: Drug testing policies vary by location and franchise owner. Some locations do not drug test, while others may require screening for certain positions.

  
  

• Honesty is Paramount: Must be completely honest about your criminal record when asked. Lying is an automatic disqualifier and can result in termination if discovered later.

  
  

• Work Authorization: Must be legally authorized to work in the United States and able to provide required I-9 documentation.

Critical Regulatory Information

Five Guys must comply with applicable federal employment-discrimination law, FCRA requirements, and applicable state/local Ban the Box laws, which govern the fair use of criminal background checks. Understanding these protections is essential for Second Chance applicants. The EEOC rescinded its 2012 criminal-record guidance in October 2026; it is not a current universal individualized-assessment mandate. Confirm current employer practices and any separate state or local requirements for the position.

Criminal-record screening: current legal protections

The EEOC rescinded its 2012 arrest-and-conviction-record guidance in October 2026. Title VII continues to prohibit unlawful employment discrimination. Applicable state and local laws may require individualized assessment or provide other fair-chance protections; coverage depends on the employer, job and location. The following offense, time and job-related factors can be useful when preparing an explanation of a record; they are not presented here as a universal federal assessment mandate.

(1) Nature and gravity of the offense;

(2) Time elapsed since the offense and/or completion of sentence;

(3) Nature of the job sought and its relationship to the offense. Blanket policies excluding all felons are prohibited.

FCRA Requirements

If a third party conducts the background check and a job offer is denied based on the report, Five Guys must comply with the Fair Credit Reporting Act (FCRA) adverse action procedures:

(1) Provide pre-adverse action notice with a copy of the report and summary of FCRA rights;

(2) Allow reasonable time to dispute inaccuracies;

(3) Provide final adverse action notice if decision stands after review.

State-Specific Considerations

Many states and localities where Five Guys operates have Ban the Box laws that prohibit employers from asking about criminal history on initial applications. In Washington D.C. (where Five Guys is headquartered nearby), private employers cannot inquire about convictions until after a conditional job offer. Similar laws exist in California, New York, New Jersey, Illinois, and many other states. These laws delay criminal history inquiry but do not prevent background checks entirely. Five Guys must comply with applicable local ordinances at each franchise location.

Fast Food Industry-Specific Considerations

The fast food industry generally has lower barriers to entry than many other sectors. Restaurants hire throughout the year, and many chains consider applicants with criminal records. Many Five Guys locations are franchise-owned, meaning individual franchise owners and General Managers have significant discretion in hiring decisions within legal requirements. This decentralized approach can work in favor of Second Chance applicants who make a positive impression during in-person interactions.

Company Overview

Five Guys Enterprises, LLC is an American fast-casual restaurant chain specializing in hamburgers, hot dogs, and fresh-cut french fries. Founded in 1986 by Jerry and Janie Murrell in Arlington, Virginia, the company began franchising in 2003 and has since grown into one of the fastest-growing restaurant chains in America. The "Five Guys" originally referred to Jerry and his four sons, who all work in the business. The company is headquartered in Alexandria, Virginia, and employs approximately 15,000+ workers across over 1,700 locations in the United States, Canada, Europe, the Middle East, and Asia.

Five Guys is known for its fresh, never frozen beef patties, hand-cut fries cooked in peanut oil, and 15 free toppings. The company maintains a simple menu focused on quality over variety. Five Guys has earned a cult-like following and consistently ranks among the top burger chains in customer satisfaction surveys. The company remains privately held and family-owned.

Company Fast Facts

• Founded: 1986 (Arlington, Virginia)

• Headquarters: Alexandria, Virginia

• Employees: ~15,000+

• Locations: 1,700+ worldwide

• Industry: Fast-casual restaurant

• Structure: Privately held, franchise model

• Founder/CEO: Jerry Murrell

• Recognition: Fastest-growing fast food chain; TIME's World's Best Companies 2025

Hiring Policy Analysis

Five Guys' hiring process typically involves an application (online or in-person), phone screening, an in-person interview with the General Manager, and then a background check after a conditional offer. The final hiring decision is often delegated to the store manager, who must still adhere to federal and local anti-discrimination laws. The franchise structure means that hiring practices can vary somewhat between locations, though all must comply with applicable federal employment-discrimination law and applicable state laws. The EEOC rescinded its 2012 criminal-record guidance in October 2026; it is not a current universal individualized-assessment mandate. Confirm current employer practices and any separate state or local requirements for the position.

The individualized assessment will consider: job relevance (the connection between the crime and job duties), time elapsed (older offenses are viewed more favorably), and evidence of rehabilitation (post-conviction stability, positive conduct, and evidence of change are strong mitigating factors). Five Guys values reliability, speed, and teamwork, so demonstrating these qualities can help offset concerns about criminal history.

Position-Specific Barriers

Barrier levels are determined by cash handling responsibilities, inventory access, and supervisory duties.

Available Positions and Pay

Pay data compiled from Glassdoor, Indeed, PayScale, and job postings. Actual compensation varies by location, shift, and experience.

Career Path Examples

Five Guys promotes from within and offers opportunities for advancement. Many General Managers started as Crew Members.

Kitchen Track: Crew Member ($12-$17/hr) → Shift Lead ($14-$19/hr) → Assistant Manager ($16-$22/hr) → General Manager ($18-$25/hr). Advancement based on performance, reliability, and leadership skills. Typical timeline 1-3 years for management.

Management Track: General Manager → District Manager → Regional positions. Five Guys has been noted for promoting from within, with many corporate positions filled by former store-level employees.

Background Check Process

Understanding Five Guys' background check process helps you prepare for what to expect. The company conducts background checks after extending a conditional job offer, which means you'll have the opportunity to interview and demonstrate your qualifications before your criminal history is reviewed.

What They Check: Criminal history (felonies and misdemeanors) at county, state, and sometimes federal levels; identity verification through SSN trace; employment history verification may occur for management positions.

Lookback Period: How far back a check can report depends on the type of record and state law. Under the federal FCRA, arrests and other non-conviction records generally can't be reported after 7 years, but convictions have no federal time limit, and some states set their own limits. Recent and job-related offenses usually get the closest look.

Timeline: Background checks typically take 3-7 business days. The entire hiring process from application to start date generally ranges from 1-2 weeks. Some locations have been known to hire on the spot for entry-level positions.

Process Flow: Application submitted → Phone screening (sometimes) → In-person interview with GM → Conditional offer extended → Background check authorization signed → Background check conducted → Results reviewed → Final hiring decision made → Pre-adverse or adverse action notice if applicable → Start date confirmed.

Disqualifying Factors

High Risk for Disqualification: Recent violent felonies (assault, battery, weapons offenses); theft, larceny, embezzlement, or fraud (particularly for cashier/management roles); drug distribution or trafficking; recent offenses within 2-3 years regardless of type; dishonesty during the application process.

Lower Risk (Case-by-Case): Non-violent offenses older than 5-7 years; drug possession (non-distribution) with demonstrated recovery; offenses unrelated to food service, cash handling, or customer interaction; traffic offenses (for non-driving positions). All subject to individualized assessment considering rehabilitation evidence.

Your Rights as Applicant

• FCRA Protections: You must receive written notice and provide consent before a background check. If denied based on the report, you're entitled to a copy and the right to dispute inaccuracies.

  
  

• Pre-Adverse Action Notice: Before a final decision, you must receive notice with a copy of the report and a summary of your rights. You have reasonable time to respond.

  
  

• Federal and local protections: The EEOC rescinded its 2012 arrest-and-conviction-record guidance in October 2026. Title VII continues to prohibit unlawful employment discrimination. Applicable state and local laws may require individualized assessment or provide other fair-chance protections; coverage depends on the employer, job and location.

  
  

• Dispute Rights: You can dispute inaccurate information on background reports with the reporting agency. Check your own records beforehand.

Application Strategy

1. Apply In-Person When Possible: Five Guys' decentralized hiring culture means the GM has significant discretion. Applying in-person and asking to speak directly with the General Manager allows you to make a positive impression before your background is reviewed. Dress professionally and be prepared to discuss your availability and work ethic.

   
   

2. Target Entry-Level Kitchen Positions: Focus on Crew Member positions (grill cook, fry cook, line runner) which have the lowest barriers and highest volume hiring. Avoid cashier positions initially if your record includes theft-related offenses.

   
   

3. Prepare for the Interview: Be ready to discuss your ability to work in a fast-paced environment, handle high-stress situations, and work as part of a team. Emphasize reliability, flexibility with scheduling, and willingness to learn.

   
   

4. Be Completely Honest: Never lie about your criminal history. Dishonesty is an automatic disqualifier and can result in termination if discovered later. Wait until asked or until the appropriate stage to discuss your record.

   
   

5. Prepare Your Narrative: Have a brief, honest explanation ready: acknowledge the offense without making excuses, describe what you learned, and explain how you've changed. Focus on rehabilitation, personal growth, and stability. Keep it concise (30-60 seconds).

   
   

6. Document Rehabilitation: Gather evidence of positive changes since your conviction: completion of treatment programs, educational certificates, vocational training, stable housing, community involvement, and references from employers, probation officers, or community members.

   
   

7. Check Expungement Eligibility: Research whether your offense qualifies for expungement in your state. Expunged records may not appear on background checks. Contact your local Public Defender's office or legal aid for assistance.

   
   

8. Know Your Rights: If denied, remember you are entitled to the background report and the opportunity to dispute the decision under FCRA. Ask for specifics about why you were denied and respond with rehabilitation documentation during the adverse action response period.

Tips for Applicants with Records

1. Restaurants Hire Year-Round: The restaurant industry has steady hiring needs, and Five Guys locations post openings throughout the year. Don't be discouraged by individual rejections—keep applying to multiple locations.

   
   

2. Start Entry-Level, Advance Within: Many employees report advancing from Crew Member to management within 1-3 years. Prove reliability by showing up on time, working hard, and being a team player. Five Guys promotes from within.

   
   

3. Run Your Own Background Check First: Know what will appear before the employer sees it. Order your own criminal background check from a consumer reporting agency. Dispute any errors or outdated information in advance.

   
   

4. Emphasize Speed and Reliability: Five Guys values employees who can work quickly and efficiently in a fast-paced kitchen environment. Highlight any previous restaurant experience, even informal food service work.

   
   

5. Be Flexible on Shifts: Willingness to work nights, weekends, and holidays increases your chances significantly. Show that you're available when they need you most.

   
   

6. Highlight Stability: Emphasize stable housing, reliable transportation, and any consistent work history. Employers value attendance and dependability.

   
   

7. Try Multiple Locations: Because Five Guys is franchise-based, different GMs have different comfort levels with criminal records. If one location doesn't work out, try another nearby.

   
   

8. Consider the Program Stores: Some Five Guys locations participate in Second Chance hiring programs and actively recruit from reentry organizations. Ask local workforce development centers about participating locations.

Benefits Overview

Five Guys offers competitive benefits for the fast food industry, though benefits vary by position level and franchise owner.

Compensation: Entry-level positions start at $12-$17/hr depending on location and local minimum wage. Management positions range from $16-$25/hr. Some locations offer performance bonuses.

401(k) and Retirement: 401(k) plan available with employer contribution for eligible employees.

Health Benefits: Medical, dental, and vision insurance available for full-time employees and management. Availability varies by franchise.

Time Off: Paid vacation and sick time available for eligible employees. Flexible scheduling options for part-time workers.

Employee Perks: 50% discount on meals; free meals during shifts at some locations; referral bonuses; employee recognition programs; flexible scheduling.

Employee Perspectives

Pros: Free/discounted food; flexible scheduling; fun, fast-paced environment; opportunities for advancement; team-oriented culture; closed on major holidays.

Cons: Fast pace can be stressful; hot kitchen environment; physically demanding; hours can vary; benefits limited for part-time; management quality varies by location.

Frequently Asked Questions

1. Does Five Guys hire people with felonies?

   Yes, Five Guys hires people with felony convictions on a case-by-case basis. Many locations are franchise-owned, so hiring decisions are often made by individual General Managers, and how a criminal record is weighed can vary by location. The best opportunities are usually Crew Member positions, especially for applicants with older, non-violent, non-theft-related offenses. The role, the offense, time passed, and local law all matter.

   
   

2. What is the background check process at Five Guys?

   Five Guys conducts background checks after extending a conditional job offer, typically following the in-person interview. The check includes criminal history verification at county and state levels. You must provide written consent before the check. If adverse information is found, FCRA procedures apply—you'll receive a pre-adverse action notice with a copy of the report, allowing time to dispute inaccuracies before a final decision. The background check typically takes 3-7 business days.

   
   

3. How far back does the background check go at Five Guys—what is the lookback period?

   How far back a Five Guys background check can report depends on the type of record and state law. Under the federal FCRA, arrests and other non-conviction records generally can't be reported after 7 years, but convictions have no federal time limit, and some states set their own limits. Older offenses are generally viewed more favorably than recent ones, and time elapsed since a conviction is an important factor.

   
   

4. What types of convictions make hiring more difficult at Five Guys?

   The most challenging convictions for Five Guys employment include: theft, larceny, embezzlement, or fraud (due to cash handling responsibilities); violent crimes including assault and weapons offenses (customer and employee safety concerns); drug distribution or trafficking (food service environment); and any recent offenses within 2-3 years. Cashier and management positions face higher scrutiny for integrity-related offenses than kitchen positions.

   
   

5. What are the best entry-level roles at Five Guys for applicants with a record?

   The best entry-level positions for applicants with records are: Crew Member/Grill Cook ($12-$17/hr)—food preparation with no direct cash handling; Fry Cook ($12-$17/hr)—french fry preparation with limited customer contact; Line Runner ($12-$17/hr)—order assembly and cleaning. These kitchen positions can be a better fit because they generally don't involve cash register access, and restaurants hire for them throughout the year.

   
   

6. Does Five Guys drug test, and what kind of test do they use?

   Drug testing policies at Five Guys vary by location and franchise owner. Many locations do not conduct pre-employment drug testing for entry-level positions, according to employee reports. However, some locations may require drug screening, particularly for management positions. Random drug testing and post-accident testing policies also vary. If you have concerns about drug testing, address any substance issues before applying, and be prepared for the possibility of testing.

   
   

7. When during the hiring process will Five Guys ask about criminal history?

   Five Guys does not ask about criminal history on the initial job application. In states with Ban the Box laws, criminal history inquiry is delayed until after a conditional job offer. The background check occurs after the in-person interview and conditional offer. This gives you the opportunity to make a positive impression with the GM before your record is reviewed. Never volunteer criminal history information before asked, but always be honest when the question arises.

   
   

8. Can someone advance to management at Five Guys if they have a felony?

   Yes, advancement to management is possible with a felony conviction, though it involves increased scrutiny. Management positions (Shift Lead, Assistant Manager, General Manager) require higher trust due to key holder responsibilities, cash handling, and supervisory duties. Demonstrate reliability through consistent attendance (1-2 years), strong performance, and leadership skills. Older, non-relevant offenses present fewer barriers than recent or integrity-related convictions.

   
   

9. How long does the hiring and background check process take at Five Guys?

   The overall hiring process at Five Guys typically takes 1-2 weeks from application to start date. Background checks usually complete within 3-7 business days. Some locations have been known to hire on the spot for entry-level positions with minimal processing time. The interview is often brief (10-20 minutes), and decisions can be made quickly. If you have a complicated background, allow extra time for review and potential adverse action response.

   
   

10. What can applicants do to improve their chances of getting hired at Five Guys?

    Key strategies to improve hiring chances:

    (1) Apply in-person and ask to speak with the GM directly;

    (2) Target kitchen positions (grill cook, fry cook) rather than cashier roles if you have theft-related offenses;

    (3) Be completely honest—dishonesty is an automatic disqualifier;

    (4) Prepare a brief, professional narrative about rehabilitation;

    (5) Gather documentation (certificates, references, treatment completion);

    (6) Check expungement eligibility in your state;

    (7) Show flexibility on shifts and availability;

    (8) Try multiple locations if one doesn't work out;

    (9) Emphasize reliability, speed, and teamwork;

    (10) Follow up professionally after applying.

Alternative Second Chance Employers

If Five Guys doesn't work out, consider these employers known for fair chance hiring practices:

Conclusion

Five Guys offers genuine opportunities for individuals with criminal records, particularly in entry-level Crew Member positions. As one of America's fastest-growing burger chains with over 1,700 locations and approximately 15,000+ employees, the company provides a realistic pathway to stable employment. The franchise model means hiring decisions are often made at the local level, giving motivated applicants the chance to make a positive impression directly with the General Manager.

The work is fast-paced and physically demanding in a hot kitchen environment, but the compensation is competitive for the industry at $12-$17/hr for entry-level positions. Benefits include flexible scheduling, free/discounted meals, and opportunities for advancement—many General Managers started as Crew Members. The company promotes from within and values reliability and teamwork.

Key Success Factors: Apply in-person and speak directly with the GM. Target kitchen positions initially if you have integrity-related offenses. Be completely honest about your record. Prepare a brief rehabilitation narrative. Demonstrate flexibility on scheduling. Show reliability through consistent attendance.

Biggest Barriers: Theft, fraud, and violent felonies create the greatest challenges due to cash handling responsibilities and customer safety concerns. Cashier and management positions face higher scrutiny than kitchen roles. Recent offenses (within 2-3 years) are more challenging than older convictions. However, any assessment required under applicable law means your specific circumstances matter documented rehabilitation and demonstrated change can overcome many barriers.

Disclaimer

This guide provides general information and should not be considered legal advice. Hiring policies vary by position, location, franchise owner, and individual circumstances. While we strive for accuracy using publicly available sources including company websites, job postings, employee reviews (Glassdoor, Indeed), and salary databases (PayScale, ZipRecruiter), employment information and company policies may change without notice. Always verify current practices directly with Five Guys.

Inclusion in this guide does not guarantee employment. Background check laws, expungement procedures, and fair chance hiring requirements vary by state and should be confirmed with legal professionals. Consult with an employment attorney or legal aid organization for specific legal advice about your situation.

Apply Now: https://careers.fiveguys.com