Finding a Job After a Criminal Conviction

If you have been convicted of a crime, finding employment may be a very real concern.  Background checks are increasingly easy to do, and employers are more concerned than ever before about knowing whether a potential employee has a criminal record.  This concern has validity when the employer can be sued for negligently hiring people with criminal histories that cause harm to others while in their employ.  Employers are also concerned about releasing the employee records for getting a loan or some other reason.

Because laws about what information an employer may access vary from state to state, you should consult an attorney who understands criminal law and employment law in your state.  With this knowledge, you should be fully informed of your rights while on the search for a new job.

Conflicting Public Policies

The idea of rehabilitation in the prison system goes along with the idea that the public wants to let people with criminal histories back into society, having a set schedule and earning an income, and thereby reducing the likelihood of committing crimes again.  Unfortunately, there is also the responsibility of protecting the public from known dangerous people, prior offenders that are more likely to re-commit their crimes.  The most obvious example being convicted sex offenders not being allowed to work near children or vulnerable adults.

How Much to Reveal

The laws for what must be revealed in applying for a job varies throughout the states.  Some states do not require an applicant to reveal arrests not resulting in convictions, or convictions for minor matters only.  Some states have procedures in place to get criminal records judicially erased.  A criminal defense attorney will be knowledgeable about your state laws and whether your conviction can be sealed, expunged, or some other way legally minimized.

Tips for Workplace Re-entry

  • Be honest. Trust is important between employer and employee, and almost all information on a job application can be checked and verified. Certain positions may be out of reach but, telling the truth is the best way to get a job that the applicant can keep over the long haul. Consulting with a criminal defense attorney prior to applying for jobs will let you know what must be revealed or what information is not required based on state laws.
  • Start the job search with family, friends and acquaintances that may be more likely to take a chance on hiring someone they know, despite a criminal record.
  • It is important to get started somewhere rather than hold out for an ideal job.  Employers will see past performance as an indicator of future performance, so do your best to create a good track record.  Temporary or entry-level positions can help build your résumé.
  • Remember that the employer must balance legal and ethical obligations to you, current employees, and to the public.
  • Employment services can be helpful, especially if your state has a public agency designed to help those with criminal histories gain employment.
  • Many jobs require employee drug testing, so refrain from alcohol and drug use.
  • Be sure to apply for jobs where the nature of your past offense will less likely be an issue in your ability to work there.

Conclusion

Paying a fine or completing a prison term is only part of the price of a criminal conviction.  Employment opportunities can be difficult to come by with a criminal record, but some employers are willing to allow second chances to those with criminal records.  Any job can be the first step toward rebuilding your career and life.  Your criminal defense attorney can help you in planning for your future.