Get a Job with a Criminal Record

In today's world, the job search is stressful enough when you don't have a criminal record. If you've been in prison or even if you've just had a minor scrape with the law, you may find that employers will be reluctant to hire you. The National Employment Law Project suggests that 65 million Americans -- 1 in 4 -- have arrest or conviction records that may haunt them when they apply for a job. You can't control what an employer does, but you can control how you conduct yourself and how you conduct your job search. Knowing your rights can help you find a job.

Steps

Applying for Jobs

  1. Know your rights. In some cases, you don't have to tell a potential employer about your history. Such cases may include:[1]
    • When an arrest is not currently pending or doesn't result in a conviction
    • You're going through a pre-trial adjudication for an offense that isn't criminal by statute
    • A minor drug offense occurred, and a certain number of years have passed since the conviction
    • You've erased your offense by obtaining a certificate of rehabilitation or a similar document
    • You were convicted by a juvenile court and you are now an adult. You may need to have your juvenile records sealed or expunged
  2. Know which offenses are on your record. The nature of your conviction matters. Certain types of convictions will disqualify you for certain types of jobs. For example, financial convictions will make it impossible for you to work in insurance or banking. You need to think about your conviction and what types of jobs that have nothing to do with your conviction. It is best if the conviction is completely unrelated to the job you are applying for.
    • Do some research before you make any determinations. Don’t just assume that your record will disqualify you from holding a certain job. Consider the relationship of your conviction to the position.
    • Eliminate jobs for which your record will automatically disqualify you. Your record may disqualify you for some positions, especially government jobs requiring security clearances, positions with financial responsibility, or jobs working with children.[2]
  3. Know what employers are allowed to consider. For most employers, it is illegal to immediately and completely disqualify anyone with a conviction or arrest record. This is because many ethnic minorities, such as African Americans and Latinos, have been over-criminalized by society and are disproportionately impacted by such a policy.[3][4]
    • Employers must also demonstrate that your conviction is “job-related” and would hamper your ability or trustworthiness to perform your job.
    • Employers should consider the amount of time that has passed since the conviction or completion of your sentence. It is more difficult for an employer to justify making a hiring decision based on a very old conviction.
    • The type of job you are applying for should also be considered. For example, if you were convicted of a violent assault, it would probably be difficult for you to find a job where you have to interact with people (e.g., sales).
  4. Talk to personal connections. If a friend or family member is either hiring or knows someone who's hiring, then ask your friend or family member to hire you or to advocate for you. You'll have a much better chance of finding work when you talk to someone who knows you or your family and is interested in you.
    • Have your advocate write a letter of recommendation to your potential employer. If your advocate and your potential employer know each other well, it is also appropriate for your advocate to call your potential employer and vouch for your character. For example, your advocate can talk about how long they have known you, and what type of person they know you to be. Your advocate can also talk to your potential employer about how you have changed since your conviction or how the conviction was the result of a mistake that you are not going to repeat.
  5. Network. In many cases, having personal connections can get you a job that you might not otherwise be considered for. Create a professional profile on LinkedIn and Twitter. Find an association in the industry you want to enter, and become a member. Attend industry meetings and get to know people.[2]
  6. Seek out positions that might afford you a chance to work "behind the scenes." You may have a good chance to get jobs in maintenance, upkeep, restocking shelves, etc. You may not be able to get positions which may have you handling other people's money or put you in social situations.[2]
    • Employers in restaurants and bars are often understanding of past criminal records.[5]
  7. Start small and work your way up. Understand that when a person sees your record, he or she may be reluctant to hire you for a position with a lot of responsibility. That same person may be more than willing to give you a chance in another usually lower-paid position. You can use this chance to demonstrate that you are a reliable and trustworthy employee.
    • Try applying with a temp agency. You will need to disclose your criminal record to the agency. However, these agencies are sometimes able to place employees at other companies without running additional background checks, which can give you the chance to prove yourself.[5]
    • Do what it takes to get your foot in the door. You may have to start at a lower-paying job for which you are overqualified. You can use this time to rebuild your resume.
    • If you were incarcerated, the gap in your employment history may pose as much of an obstacle as your conviction. You may need to build up a job history again by working smaller or entry-level jobs before trying to re-enter a career field.
  8. Be honest about your history. You may want to lie when an application asks if you have a criminal record, but you must be honest with potential employers. Many employers now conduct some sort of background check. If they find that you have been dishonest on the application, you will not be hired. If you’ve already been hired and the lie is discovered later, you can be fired for it.
    • Criminal background checks may not pick up older convictions or convictions in different states. Still, if they miss your conviction and find out about it after they hire you will most likely be terminated.
    • You have certain rights regarding background checks. Your potential employer must get your permission to run a background check. If you are not hired after the background check is run, the employer must give you a copy of the report. They must do this before they make the final hiring decision. This gives you an opportunity to correct inaccurate information. It may also give you the chance to advocate for yourself.[3]
    • Several states now have a “ban the box” policy that requires employers to remove questions about convictions or arrests from their initial job application. They may only conduct background checks after the hiring process has been started. You can see whether these laws apply in your area to by going to www.nelp.org/banthebox.
    • Lying on some applications (such as for military enlistment) is a criminal offense. It is better to be honest!
    • Explain your answer if you're asked about convictions or arrests during an interview. Job applications and interviewers will give you an opportunity to explain the circumstances behind the offense or alleged offense. You may find that the interviewer is interested in someone who made a mistake but is now motivated to get a job.[6]
  9. Read the application carefully. You must be honest about your background when filling out a job application. However, you do not need to offer more information than the application requests.[7]
    • For example, if the job application specifically asks whether you have ever been convicted of a felony, you do not need to disclose misdemeanor convictions.
    • Some applications may ask specifically about convictions related to particular offenses, such as drugs, alcohol misuse, or sexual misconduct. If a question asks about specific offenses that do not apply to you, you do not need to disclose convictions or arrests that are not related.
  10. Contact a nonprofit or agency that specializes in helping individuals with criminal records find employment. There are several organizations that are focused on helping people with criminal records find jobs. Get in touch with an organization or agency in your area.
    • The National Transitional Jobs Network provides job skills training, job placement services, and support to individuals who may have barriers to finding traditional employment.
    • America Works also assists individuals who may have difficulty finding work.[8]
  11. Try to get an offense sealed or expunged from your record. Even if you committed an offense as an adult, you can try to get an offense sealed or expunged from your record. Ask your attorney, public defender or your parole/probation officer whether you may be able to get the offense expunged (removed) from your record. If you are successful, then you can legally answer “no” to conviction questions.

Considering Other Employment Options

  1. Employ yourself. If you’re willing to work extra hard and you have marketable skills or abilities, you may be able to make your own opportunities. The advantage of employing yourself is that you do not have to submit to background checks or other hurdles.[5]
    • Consider becoming a skilled laborer, such as an electrician, plumber, or barber. Some professions require you to get a professional license. In many cases, the licensing process may require you to disclose a criminal record. However, a conviction on its own is usually not enough to disqualify you from licensure. This is especially true if your conviction was a long time ago and/or you have not had multiple convictions for the same type of crime.[9]
    • Most state licensing boards will have a list of criminal convictions that may pose a barrier to entering a specific profession. For example, a person wishing to become a cosmetologist would likely have trouble getting licensed if he or she had a conviction involving children, sexual misconduct, or personal assaults. This is because a cosmetologist often has direct contact with the public in unsupervised settings, so a history of crimes against people could pose a threat.[9]
    • Consider what you’re good at. If you have maintenance or lawn-care skills, try starting a small business that uses those skills. People who employ handymen or lawn-care specialists are more likely to judge you based on the quality of the work you can do, not your background If you were part of a work release program, you may consider staying in the industry that you worked in.
    • You’ll probably need to have another job while you’re getting your business on its feet.
  2. Consider joining the military. Some people think that the military will take just about anyone, while some think that you can’t get in at all with a criminal record. In the U.S., they’re both wrong.[10]
    • Depending on the type, number of offenses, and the length of time since your offense, you may be able to get a waiver that will allow you to enlist. Waivers are easier to get with misdemeanors and non-violent offenses. Multiple felony convictions are usually an automatic disqualification, as are convictions for distributing or selling illegal drugs.
    • You may be required to provide letters of reference that attest to your character. If you can get strong letters from responsible community members (employers, ministers, law enforcement, etc.), you have a better chance of getting a waiver.[11]
    • Before you enlist, consider the potential risks and benefits of joining the military. The military can provide job training and instill discipline. Some civilian employers may be more willing to hire you if you have military job skills. However, there are also risks, such as the possibility of deployment, injury, or death.
    • Lying to a military recruiter about your criminal history is a felony—don’t do it.[11]
    • The military has the right to investigate your entire criminal record, including offenses and records that have been sealed or expunged. When applying to the military, you cannot legally answer “no” to questions about your criminal history, even if records were sealed or expunged.
    • Some branches of the military, such as the Army and the Marine Corps, may be more willing to grant waivers to individuals with felony convictions.[12]
  3. Volunteer. Even if you can't get a paid position to start, volunteer work looks good to employers. It can even count as job training for many professions and the Department of Social Services. Find a local soup kitchen, animal shelter, or even an advocacy organization to join.
    • Working as a volunteer gives you the chance to show that you are responsible, dependable, and trustworthy. It will also give you the chance to make a good impression on people in charge of you, who can vouch for your character when you apply for jobs.

Preparing For a Job if You Have Been Incarcerated

  1. Begin thinking about options while incarcerated. Education opportunities are available in most correctional institutions.[13] Take advantage of opportunities to get your G.E.D., start or complete your college education, get vocational training or other unique skills. For example, culinary skills or sales/business development skills would help you in the food service or retail industries. Good preparation is especially important if you have been incarcerated for an extended time, if you have limited job skills and experience, or if you will not be able to return to your previous area of employment.
    • For example, If you were a bank teller and were convicted of theft, you will almost certainly not be able to work in banking.
  2. Contact a local advocacy group for people just getting out of jail or prison. These groups can help you find and apply for positions that don't require a squeaky-clean record. To find a local group, ask your probation or parole officer or look online.
    • Try searching for “Ex-Offender support” or “Re-entry resources” to find assistance in your area.
    • To find out more information about the types of services these groups offer, visit the National Institute of Corrections website (http://nicic.gov).
  3. Take advantage of education or job training programs that may be available to you after you are released. Government agencies and non-profit organizations provide many opportunities for job seekers to get more training or education.
    • For instance, the Second Chance Act, a federal law passed in 2008, funds local groups that help newly released prisoners with substance abuse issues.[14] In 2012, the Second Chance Act funded programs in Los Angeles, California, San Francisco, California, Florida and Texas.
    • Goodwill Industries runs several programs that help ex-offenders find training and employment.[15] Goodwill re-entry programs exist in many states, so contact your local Goodwill to ask about possible programs you can apply to.
    • The experience and skills you develop in these programs can make a big difference in the success of your job search. Some agencies will also help you to find a job after you complete your training program. Stop by your local library and check out adult education centers in your area to find out what they offer.

Sample Cover Letters

Doc:Cover Letter Explaining Criminal Record,Cover Letter Explaining Juvenile Record

Tips

  • If you've been discriminated against unjustly because of your conviction, consult an attorney or file a complaint with the Equal Employment Opportunity Commission.[16]
  • Your criminal defense lawyer is also a good reference and a good person to network with. Often he or she will have friends who can help you with forcing doors to open for you. They can also be helpful with job and career advice. Use them.

Warnings

  • If you have recently been released from prison, your job hunt may be particularly difficult, but you cannot afford to get discouraged. Most likely, finding a job is a condition of your parole. Additionally, studies show that people who find full-time employment in the year after release from prison are far more likely to stay out of prison than those who remain unemployed.

Related Articles

Sources and Citations

  1. ↑ http://www.laboremployment-lawblog.com/New-Protected-Classification
  2. ↑ 2.0 2.1 2.2 http://money.usnews.com/money/careers/articles/2013/11/19/how-to-find-a-job-when-you-have-a-criminal-record
  3. ↑ 3.0 3.1 http://www.nelp.org/page/-/SCLP/2014/Guide-for-Workers-Conviction-Arrest-Histories-Know-Your-Rights.pdf?nocdn=1
  4. ↑ http://eeoc.gov/laws/guidance/upload/arrest_conviction.pdf
  5. ↑ 5.0 5.1 5.2 http://www.felon-jobs.org/Jobs-For-Felons-web.pdf
  6. ↑ http://www.shrm.org/publications/hrmagazine/editorialcontent/2012/0312/pages/0312waldo.aspx
  7. ↑ http://ctlawhelp.org/criminal-record-keeping-you-from-working
  8. ↑ http://www.americaworks.com/
  9. ↑ 9.0 9.1 http://www.tdlr.texas.gov/crimconvict.htm#specific
  10. ↑ <http://www.military.com/join-armed-forces/disqualifiers-law.html
  11. ↑ 11.0 11.1 http://www.military.com/join-armed-forces/disqualifiers-law.html
  12. ↑ http://www.cnn.com/2008/US/04/21/military.waivers/
  13. ↑ http://www2.ed.gov/about/offices/list/ovae/pi/AdultEd/correctional-education.html
  14. ↑ http://csgjusticecenter.org/nrrc/projects/second-chance-act/
  15. ↑ http://www.goodwill.org/wp-content/uploads/2014/12/Road-to-Reintegration-Full.pdf
  16. ↑ http://www.eeoc.gov/employees/howtofile.cfm
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