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If your criminal record doesn’t qualify for expungement or sealing, don't despair. You can take several
steps to make it more likely that you’ll be hired.
By Shae Irving (//www.criminaldefenselawyer.com/law-authors/shae-irving.html), J.D.
If your criminal record doesn’t qualify for expungement or sealing, don't despair. You can take several
steps to make it more likely that you’ll be hired.
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Employers and landlords are increasingly asking about applicants’ criminal histories. Screening often
involves a background check, or at least a Google search. Assume that your record will become
known, and prepare now to handle it.
Don’t lie. While an employer may be willing to hire a former offender who can show they’re the
right candidate for a job, that employer will almost certainly refuse to give the job to liar.
Be prepared to explain. Answer questions about your criminal history honestly, without going into
detail. Focus on the amount of time that has passed and the progress you have made. It’s also
wise to prepare a brief written statement that explains your history. Writing out a simple
paragraph can prepare you to talk to a potential employer about your experience. You may also
be able to include your written statement when filling out a job application. If you are working
with a job assistance program, discussed below, you can get help with these kinds of
preparations -- including practicing by answering mock interview questions.
Many federal, state, and local agencies are geared specifically toward helping former offenders get
jobs. Some of these agencies offer job-training programs; they also have established relationships with
employers who are willing to hire qualified graduates. Take advantage of the resources that are
available to you.
Seek a Pardon
It’s very rare, but some people who have records that don’t qualify for expungement are able to obtain
a pardon for the offense. If you are pardoned, your criminal record may not be completely erased, but
it will be updated to reflect that the crime was officially forgiven. For more information, see If I am
pardoned for an offense, is that the same as having my record expunged?
(https://www.criminaldefenselawyer.com/pardoned-offense-same-having-record-expunged.htm)
As an ex-offender, you have legal rights when seeking a job or housing. While some states generally
allow employers and landlords to use past convictions as a reason to turn you away, other states are
not so lenient. Your state may prohibit consideration of older convictions, or of those that are not
reasonably related to the job you are seeking.
Careful employers will use your conviction information to deny you a job only if the particulars of the
offense make you unsuited to the job you’re seeking. For example, if you were recently convicted of
theft and you’re applying for a job as a bank teller, the bank would most likely be justified in turning
you down. In a housing context, a recent burglary conviction would similarly support a landlord’s
decision to turn an applicant away. In a nutshell, the employer or landlord should be able to show that
a valid business necessity supports the decision to deny the job or housing.
In 2012, the federal Equal Employment Opportunity Commission (“EEOC”) issued guidelines that, while
they don’t have the force of law, counsel employers to stick to the test explained just above when they
encounter applicants with criminal histories. Employers are urged to avoid blanket policies that exclude
applicants with any criminal record, and instead to determine which offenses are relevant to the jobs
being filled (and consider rejecting only those applicants who have committed those crimes). They're
advised to give mere arrest records little weight. You can read the guidance on the EEOC website,
Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil
Rights Act of 1964 (http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm#VIII).
In addition, many states have rules about what employers may legally ask you. For example, California
employers (with a few exceptions) can’t ask you about an arrest record. On the other hand, they can
ask you about previous convictions, if the questions are business related and aren’t otherwise
discriminatory.
For more information about the legal rights and limits that may apply to your job or housing search,
connect with an ex-offender job-assistance program near you or contact a qualified employment law
attorney who knows the laws in your state.
Yes, you read that right. Federal law gives employers powerful incentives to hire people with criminal
histories. Examples of benefits that a business might receive if they hire you include:
tax credits for hiring ex-offenders
reimbursement for some types of job training, and
grants for providing services to former prisoners.
For inspiration, take a look at Ranker’s impressive list of companies that hire felons and former convicts
(http://www.ranker.com/list/list-of-companies-that-hire-felons/business-and-company-info).
Finally, don’t be easily discouraged. Many employers who regularly hire ex-offenders say that they are
often ideal employees -- loyal, productive, and grateful. Companies like these may want to give you a
second chance.
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