Finding a Job After a Criminal Conviction
If you have been convicted of a crime, you may wonder if you will be able to find employment. Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this fear stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who subsequently caused harm to others while on the job. Another worry for employers relates to whether they will have to disclose their employees’ criminal convictions to others. For example, if a company is trying to raise capital, it may need to make certain disclosures to a bank. Will the company have to disclose that an employee has been convicted of a white-collar crime like embezzlement or money laundering?
The laws about which criminal records an employer may access, what an employer may ask a potential employee about his or her criminal record, and what the job applicant must reveal vary widely from state to state. If you have a criminal record and are looking for a job, an attorney knowledgeable in criminal law at Law Offices of Mark R. Pachowicz, A ProfessionalLaw Corporation in Camarillo, CA, can help ensure that you go into the job search fully informed of your rights.
Conflicting public policies
On the one hand, the public wants to reintegrate into society those people who have done their time and are now rehabilitated. A routine schedule and regular income through gainful employment significantly decreases the chances of recidivism in many cases, but a person with a criminal record may face prejudice in the hiring process. On the other hand, it is important to protect the public from prior offenders who may have propensities to commit crimes in the future. For example, convicted sex offenders should not be hired for jobs in which they will be in contact with children or vulnerable adults.
How much to reveal
Depending on the state, an applicant may not have to reveal any or only some types of potentially damaging information, such as arrests not resulting in convictions or convictions for minor matters. Some states also have procedures to judicially “erase” a criminal record through the processes of expungement or the sealing of records. A criminal defense attorney can help determine whether you may be eligible to get a conviction sealed, expunged or otherwise legally minimized.
Tips for workplace re-entry
- Be honest. Employers are interested in employees they can trust, and almost all information on job applications can easily be checked and verified. Even if it may close the door to certain positions, telling the truth is the best way to get a job that the applicant can keep over the long haul. Remember, in some states, not all convictions must be revealed nor can potential employers ask for certain information.
- Seek employment with someone you already know. 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.
- Do not expect the first job after a conviction to be your ideal job. It is more important to get started somewhere and create a new track record, since employers know that a good indicator of future job performance is past job performance. Consider temporary or entry-level positions to build your résumé.
- Understand where the employer is coming from. An employer has to balance its legal and ethical obligations to you, to its employees, and to the public.
- Investigate employment services. Most states have public agencies that administer programs to help people find employment, sometimes specifically designed for those with criminal histories. There are also private staffing companies that will work with applicants who have a criminal past.
- Refrain from alcohol and drug use. Because some employers require employee drug testing, it is best to abstain from drugs and alcohol. Of course, abstinence from these substances may already be a condition of probation or parole anyway.
- Consider the nature of your past offense. Apply for jobs where that kind of offense is less likely to be an issue of concern.
Contact a criminal defense lawyer
Completing a prison term or paying a fine can be just part of the price of a criminal conviction. The conviction can also affect post-conviction employment opportunities. That being said, some employers are willing to give those with criminal records chances in appropriate circumstances. One job — any job — can be the first step toward rebuilding a career and a life. A lawyer at Law Offices of Mark R. Pachowicz, A ProfessionalLaw Corporation in Camarillo, CA, can talk to you about various options and offer advice on planning for your future.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.