How Can A Criminal Record Affect Your Job Application?

You’ve got a lot on your mind when applying for a job. Besides thinking about the pay and commute, you may also have to worry about whether your criminal record will affect your chances.

Knowing the rules about employee background checks is important. It will help you assess whether you need to disclose past criminal activity.

Employment laws are different in every state. For tailored answers to specific questions about your job search, contact a local employment law attorney. 

What Information Can a Potential Employer Find?

Your employer can get information about you from a variety of places. This includes what you disclose in the application and during an interview. An employer can also get information from background checks, talking to your references, and doing an online search. Access to this information can depend on your jurisdiction and state and local employment laws.

When Can Employers Do a Background Checks?

Employers usually need your written permission during the job application process to do a background check. Employers should tell you that they might use the information to make hiring decisions and employment decisions. Most employers pay an employment background check company to run their checks.

The Fair Credit Reporting Act (FCRA) puts limits on what an employer can check and how far back in time that check can go. State laws may limit how far back an employer can go to search your criminal history. Some state laws prohibit reporting arrests, indictments, and criminal convictions older than seven years.

Depending on the job, some employers will search relevant motor vehicle records. How far back an employer can look at your driving record can depend on state laws.

Depending on the nature of the crime and how long ago it happened, you might be eligible for expungement. Expungement erases a criminal conviction from public records.

What Information Is in the Public Record? 

Your criminal history will appear in public records that are accessible to anyone. County and state public records may include court records, arrest records, and conviction information.

A background check company will generally check the states and counties where you have lived in the last seven years. Background check companies may also check federal databases like the FBI criminal database and the National Sex Offender Registry. Using a background check company saves an employer time but is also expensive. How extensive an employer may look into your history can depend on the type of job. 

Can the Employer Search Your Social Media?

Employers can look at your social media profiles and your online presence. Think about what might be on your Instagram, Facebook, Twitter, and other online accounts. Generally, you can make these private so others can’t see your accounts. If there is any information on any of your social media accounts about an arrest or a conviction, you can delete it. 

Does a Criminal Record Exclude Convicted Criminals From Employment? 

Having a criminal record does not automatically disqualify you from getting all jobs. The Equal Employment Opportunity Commission (EEOC) guides employers on what they should consider when hiring employees with a criminal record. 

Some types of convictions may prohibit you from holding some jobs. For example, convicted sex offenders may not be able to work with children or vulnerable populations. A driver with multiple commercial drunk driving convictions may not be able to get a license to drive a commercial vehicle.

What Factors Does an Employer Consider With a Criminal Record?

Employers like to see progress since the criminal conviction. They may consider the amount of time since the conviction. The more time that passes, the more you can show how you have grown since the conviction.

If your past crime does not relate to your job, then your employer may overlook it. For example, a conviction for marijuana possession may be unrelated to a job as a salesperson. However, a conviction for robbery may make getting a job at a bank challenging.

Employers generally consider misdemeanors less severe than felony convictions. However, employers are likely to consider felonies involving violence, sexual misconduct, or serious theft to be relevant to any job. 

What Are ‘Ban the Box’ Laws?

Some states have ban-the-box laws and policies. In these states, employers cannot ask about criminal history or convictions at the start of the hiring process. This includes removing questions about criminal offenses in a job application. Depending on the policy, hiring managers can only ask about criminal records after they make a conditional offer of employment.

Ban the box laws give felons a fair chance at getting a job so they can return to the job market after a past with the criminal justice system.

How Can You Maximize Your Chances of Getting a Job With a Criminal Record?

Here are some ways you can minimize the negative impact of a criminal conviction in the job search process: 

• Be honest: If asked, be truthful about your past. Describe the circumstances of what happened without sounding like you are making excuses. Employers typically will appreciate honesty and growth.
• Apply for the right jobs: Look for employers open to hiring people with criminal convictions. Some employers are proud to give workers a second chance.
• Get job training: Make yourself as marketable as possible. This may include doing job training and getting professional certifications.

How Can a Lawyer Help With a Criminal Record?

Contact an employment law lawyer for additional guidance on navigating the job search process with a criminal conviction if you feel like you are receiving unfair treatment. A lawyer can look at your situation and make sure you are not being illegally discriminated against.