It’s tough to find a job in the current economy. Many college graduates are actually coming out of school and having trouble finding employment. Unfortunately, those with criminal records, even old ones, have an additional impediment in their job search. It’s important for people to know how a criminal record can hinder their job search, but it’s even more essential to know methods that will lessen this effect. Only when an individual knows all of the facts related to criminal records and employment will they have the best chance of landing a job.
How Criminal Histories affect Job Searches
Every private employer in the United States has the absolute right to deny a person employment based on a previous criminal record. Unfortunately, many companies take full advantage of this right. It obviously makes sense in some respects. An organization that provides care to children would not want a convicted sex offender within their company, but not all cases are as cut and dry as this.
Other employment opportunities can be seriously affected by certain convictions. Any job that involves credit cards (i.e. waitress, call center representative, retail employee) would likely restrict a person with a financial crime conviction. The big issue, however, is the fact that employers can deny a person a job based on any criminal history. This becomes an issue when two equally qualified candidates come up for a job, but one of them has a criminal history.
Lessening the Effect of a Criminal History
Luckily, there are cases in which a person may be able to avoid the scarlet letter of ‘prior convict’ as it relates to their job search. These instances will vary greatly from state to state. Some areas, for instance, restrict employers from asking about convictions that have been expunged. There are even states that have disallowed the inquiring of a drug crime if an individual completed a drug diversion program.
Whether you talk to a criminal defense attorney in Orlando or one in San Francisco, most attorneys will tell you that the best thing that a person can do is file for their records to be expunged or sealed. This process will vary between states, but having these things done to a criminal record will essentially make the record nonexistent. Governmental employers will likely still be able to see these records, but a regular private employer will usually not be able to ask about the conviction or see it on a background check.
Unfortunately, not all criminal records can be expunged or sealed. In these cases, it is always best to be honest on an application. If an employer finds out that someone lied on their application, it will make them think that the job candidate is both a criminal and a liar. There are a few ways, however, to be truthful while still sustaining a chance at getting the job.
Know the State’s Pre-employment Screening Laws – These laws will vary from state to state, so it’s important to know what an employer can ask. There are some questions in every state that an employer is not allowed to inquire upon.
Offer a Good Explanation – Offering a good explanation of the crime is another vital step. This explanation should explain how the individual has rehabilitated and recognized the error of their ways.
Understand what must be Disclosed – As previously mentioned, there are instances when certain crimes do not have to be disclosed. It is vital that an individual know the laws pertaining to this.
Most people with criminal records have fully paid their debt to society, but unfortunately, during a job hunt, this record can continue eating away at them. Perfectly qualified individuals are oftentimes left unemployed simply because they have one small prior mistake in their lives. This just doesn’t seem right, and fortunately, the law provides a small amount of protection in these instances.
Legal researcher Shelby Warden contributes this post for those who may have made a mistake earlier in their life and are having a difficult time creating a better life. The Florida criminal defense attorneys of Katz & Phillips realize that people change with time and know how important it is to clear your record. Contact them to have an experienced criminal defense attorney in Orlando work to convince a judge to erase your criminal record so you can get on with your new life.
This is a Guest post. If you would like to submit a guest post to CareerAlley, please follow these guest post guidelines.
Good luck in your search.