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How To Handle a Criminal History When Applying for a Job
by Ellen Mulqueen
If you have a criminal record, how should you handle it when applying for a job?
The fact is, increasing numbers of employers are performing background
checks on job applicants and setting policies regarding hiring candidates
with criminal records. Federal and state laws bar certain employers from
hiring people with felony convictions. Criminal records are readily
available. Because of this, some people with criminal histories find it
difficult to get jobs.
In spite of this, it is important to be truthful when asked about criminal
history; if the potential employer performs a background check and finds
you’ve lied, you can be fired on the spot. It’s better to discuss your
record with the employer, explaining it in a positive way.
Know Your Rights
- Limit your responses to employment inquiries to the scope of
the inquiry. For instance, if an application asks you to list all
convictions or all offenses, you should list both criminal (felony
and misdemeanor) and non-criminal (violations) convictions, but
should not list any arrest that is not followed by a conviction.
If you are asked about crimes, convictions of crimes or criminal
offenses, only misdemeanors and felonies need to be included. In
response to questions about criminal background on a written job
application, write "Will discuss at interview." Rehearse your
explanation before the interview.
- Employers cannot require disclosure or obtain information about your
drug treatment or drug use history. However, when a criminal record
is associated with drug use, it may be a good idea to explain to the
potential employer that you have been in treatment to show that you
have been rehabilitated and are in recovery. This way, you have the
opportunity to describe your rehabilitation process at the same time
that you must disclose information on your criminal history.
- You may be able to clean up your rap sheet. All too often,
arrests that should be sealed (arrests not leading to convictions,
youthful offender adjudications or convictions for non-criminal
offenses) remain open (unsealed) on your record, and are available
for potential employers to see. In addition, errors, duplications,
and unnecessary information in criminal records should be corrected
before conducting a job search. Ex-offenders should contact the
state criminal justice department’s record review unit for a copy of
a state rap sheet and the Federal Bureau of Investigation for a federal
rap sheet.
- As an ex-offender you can restore your rights to engage in
certain types of employment by obtaining a Certificate of Relief from
Disabilities or a Certificate of Good Conduct. The Certificate of Relief
from Disabilities is for people convicted of misdemeanors and/or for only
one felony, while the Certificate of Good Conduct is for people convicted
of more than one felony. Without these certificates, an ex-offender is
not eligible for employment in a civil service job classified as a "public
office" job, and may not be licensed as a real estate broker, pharmacist,
or notary public. A Certificate of Relief from Disabilities can be
applied for immediately after a conviction, while a Certificate of Good
Conduct is granted after three to five years after completing a sentence.
- The Work Opportunity Tax Credit, funded by the U.S. Department of Labor and
administered by state employment security agencies, encourages private
employers to hire from seven targeted groups, including ex-felons.
Answering Questions
The Fortune Society is a New York City-based program that provides
comprehensive services to ex-offenders, including counseling, education,
employment, substance abuse treatment, and alternatives to incarceration.
This Society recommends the following:
- Start with the year of the conviction: It is important to show the
employer you have nothing to hide. Although you may feel the need to
soften the blow with words like "I made a little mistake," this only
creates doubt in the employer’s mind and suggests that you’re trying
to minimize the significance of being incarcerated.
- Tell the employer what you were convicted of: Telling the employer
your conviction in a matter-of-fact way will help the employer see
that what you have done (or not done) has already been taken care of
by a court of law. Do not use jargon; for example, if asked about
the nature of the conviction, do not simply say, "sale." Say, "sale
of a controlled substance." Otherwise, the employer will not
necessarily know what this means and will likely begin asking
unnecessary and uncomfortable questions. Remember: you have
already been tried and convicted, and there is no reason to be on
trial again.
- Tell the employer how much time you did and what you did while you
were in jail: This is your turn to re-educate the employer about
incarceration. You can describe how you have changed and grown since
your conviction. Emphasize your accomplishments and what you have
learned.
- Describe your current situation, your current goals and your reason
for being at the interview: This may be done in a number of ways
depending on what you are comfortable with. Some people can very
easily say, "I am currently on parole and I can give you the number
of my Parole Officer to verify what I have said." Others make a
sales pitch and describe recent accomplishments. Whatever you
decide, make sure you are comfortable with what you are going to say
and have practiced in advance.
- An example of what you might say: "In 1996 I was convicted of sale
of a controlled substance. I was sentenced to five years, but got out
in three on good behavior. I realized I had made a mistake right
away, and took advantage of all the help and education I could get
while I was incarcerated. I participated in a treatment program, and
I’m proud to say I now have my GED and am working on an Associate’s
Degree. I also learned how to work with people, even when the work is
hard. I really want to work. I know I don’t need to do the things I
used to do. I’m here interviewing with you because I have changed my
life and because I really want to work here."
Our appreciation to Corporation for Supportive Housing and their publication, "Keeping the Door Open."
About the Author: Ellen Mulqueen
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