What to Know About Job Hunting When You Have a Criminal Background

When it comes to getting hired, your past might not necessarily impact your future.

What to Know About Job Hunting When You Have a Criminal Background

A criminal history shouldn't deter you from seeking employment.

Job searching is stressful enough without wondering whether criminal background checks for employment are going to interfere with your ability to get hired. But you're not alone in your struggle. According to the National Conference of State Legislatures, one in three Americans has a criminal record—also known as a rap sheet—that’s 77 million people.

While you can expect to have to confront your history en route to getting a job—at least one type of background screening is used by 94% of employers, according to the Professional Background Screening Association—having a rap sheet shouldn't discourage you from seeking gainful employment.

Attitudes are changing when it comes to who is and is not employable. For example, on July 1, 2020, California enacted a major licensing reform to make it easier for 8 million residents with criminal records to obtain professional licenses from any of 37 licensing agencies within the Department of Consumer Affairs (DCA). And according to a study by the Society for Human Resource Management and the Charles Koch Institute, more than 80% of managers and two-thirds of HR professionals feel that workers with criminal records bring just as much (or greater) value to an organization as workers without records.

This is what you should know when you’re job hunting with a criminal past.

Why Employers Do Criminal Record Searches

While a criminal record is among top barriers to employment, who can blame companies for wanting to find out if they're about to hire a convicted embezzler as their next CFO? Plus, a company that doesn't do background checks may be liable if it hires someone who commits a violent act, steals from a business partner, or sexually harasses coworkers.

In other words, employers that don’t do background checks before hiring employees are assuming a lot of risk.

What Companies Can Check

Although there’s no national database that employers can check for felony convictions, many states make residents' criminal background information available. The Public Access to Court Electronic Records (PACER) system provides online access to federal court records, which employers can use to see if you've been involved in civil or criminal court cases.

Under federal law, criminal convictions are reportable indefinitely, unless your state provides otherwise. Still, most states have laws about what's fair game when companies run criminal background checks for employment. For example, a state may allow employers to look back only five years, or to consider felonies but not misdemeanors.

What if you were arrested but not convicted? Well, the Fair Credit Reporting Act (FCRA) is the federal statute that allows employers to use arrest records from the past seven years when making hiring decisions. However, certain states have laws that preclude the statute, so depending on where your arrest occurred, an employer may or may not be able to use that against you.

Employers can also check your DMV record to see if have a DUI, speeding tickets, or moving violations.

Note that your record might not even come into consideration during the job application process. There are a growing number of states and cities that are adopting “ban-the-box” laws, which prohibit inquiries about criminal history on job applications and even prevent use of a background check until the final stages of hiring. Plus, many companies have adopted the Fair Chance Business Pledge to give ex-felons ample opportunity to get hired.

How Your Background Can Affect Your Job Hunt

Depending on what your crime was, when and where it happened, and the job that you’re applying for, there may be mitigating factors that employers will take into consideration. For instance, there's a difference between a single instance of car theft 25 years ago, and a dozen convictions for car theft.

In most cases, if your past crime is related to the position you’re seeking, it can (and likely will) be used to disqualify you from the job. For example, if you were convicted of embezzling money, the odds of you getting hired as an accountant are slim to none.

What You Can Do

Worried about what’s going to show up on your background check? Take a proactive approach by running a criminal background report on yourself prior to seeking employment. For a fee, you can order a criminal background check using a third party like Good Hire or Criminal Watchdog.

Check for errors on your report, since background check companies routinely mismatch people with similar names, report an arrest without reporting that no charges were filed, reveal sealed or expunged information, list single charges multiple times, or misclassify misdemeanors as felonies.

If you spot an error, you can dispute it with that particular company. You can also file a complaint with the FTC at FTC.gov or at 1-877-382-4357. (While the FTC can’t make corrections to your background check, it can investigate and sue the background check company if it finds evidence of wrongdoing.)

What you've done since your conviction and the rehabilitation you've completed may also come into play. Still, there’s no need to over-explain. When you're preparing for job interviews, have ready a brief explanation of what happened and what you learned from the experience. Emphasize that you are committed to making a positive contribution to society and see this job as a wonderful opportunity to do just that.

Expunge a Criminal Record

Depending on your charges and the state in which the crime took place, you may be able to get your record expunged, which means your arrests and/or convictions would be cleared, effectively removing this obstacle to employment altogether. When you expunge a criminal record, it's different than having your record sealed, which removes your charges/convictions from public view, but they could be accessed via a court order.

For a fee, expungement attorneys or services like Record Gone and Checkr may be able to clear your record. Again, your expungement eligibility depends on a variety of factors, but it is absolutely worth the time it takes to research the matter.

Get Some Help With Your Resume

Embarking on a job search isn't easy, and it can be especially intimidating if you have a background that is less than favorable. But criminal background checks for employment shouldn't stop you from pursuing a good-paying job. Step one is getting your resume into shape. Could you use some help? Get a free resume evaluation from Monster. You'll get detailed feedback in a few days, which can help you improve any weak spots and start off strong. A great job is out there waiting; let Monster help connect you.

This article is not intended as a substitute for professional legal advice. Always seek the professional advice of an attorney regarding any legal questions you may have.