How to Get a Job with a Criminal Record
Everything you need to know about job hunting when you have a criminal background.
Job searching is stressful enough without wondering whether criminal background checks for employment might interfere with your ability to get hired. But you’re not alone in wondering how to get a job with a criminal record.
According to the National Conference of State Legislatures, one in three Americans has a criminal record —also known as a rap sheet. That’s approximately 77 million people. You’re part of a vast community, each person with their unique story and potential.
Background checks, used by 94% of employers according to the Professional Background Screening Association, are a standard step in the hiring process. Yet, these checks don’t necessarily mean there aren’t employment opportunities for felons. Increasingly, there is a recognition of the value of second chance hiring – a concept that emphasizes your potential and skills, rather than your past mistakes.
For example, on July 1 2020, California enacted a major licensing reform to make it easier for eight million residents with criminal records to obtain professional licenses from any of the 37 licensing agencies within the Department of Consumer Affairs (DCA). Moreover, the Clean Slate Act, implemented in over 10 U.S. states, is a landmark in fostering a more inclusive job market.
We are here to provide you with valuable knowledge and actionable strategies to help you get a job with a criminal record. Your journey may have its complexities, but with the right approach, a criminal record can become just one part of your story, not the defining chapter.
Understanding Criminal Background Checks for Employment
Criminal background checks for employment serve as a tool for employers to assess the potential risks and suitability of a candidate, especially in roles requiring trust and responsibility. Interestingly, while a criminal record is among the top barriers to employment, the impact of a criminal record can vary.
Recent studies from the U.S. Chamber of Commerce indicate an increasing trend in second chance hiring, suggesting that employers are becoming more open to hiring individuals with criminal records. More studies also found that stable jobs for the formerly incarcerated reduce recidivism and benefit society.
Employers also consider the nature and frequency of offenses. In fact, 38% of employers weigh the type and regularity of the offense when evaluating your criminal history. This approach reflects a more nuanced understanding of criminal records, recognizing that not all offenses have the same implications for job suitability.
Why Employers Conduct Criminal Record Searches
Before finding out how to get a job with a criminal record, it’s important to understand that employers conduct criminal record searches for various reasons. The primary goal is to ensure workplace safety and protect the company’s interests. For instance, hiring a person with a history of financial fraud for a financerelated job could pose significant risks.
Plus, a company that doesn’t do background checks may be liable if they hire someone who goes on to commit 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 Employers Can Legally 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 information to the contrary. 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. Employers can also check your DMV record to see if have a DUI, speeding tickets, or moving violations.
What if you were arrested but not convicted?
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.
Be aware of your rights and the legal limitations on what employers can check in your state and visit government resources, such as state labor department websites or the U.S. Equal Employment Opportunity Commission to catch up on the latest updates.
Changing Employer Attitudes Toward Criminal Histories
Recent research from the Society for Human Resource Management (SHRM) reveals that 85% of HR professionals and 81% of business leaders believe workers with criminal records perform just as well or better in their jobs compared to workers without criminal records (SHRM). This positive outlook is a beacon of hope, signaling a more inclusive approach to hiring.
Moreover, a study published in The Quarterly Journal of Economics emphasizes that with costeffective policies, employers can integrate workers with past involvement in the criminal justice system without negatively impacting their interests. This study underscores a growing understanding that individuals with criminal records can be valuable, reliable employees:
39% of businesses in their sample said that they are willing to work with individuals with a criminal record at baseline.
This rises to over 50% when businesses are offered crime and safety insurance, a single performance review, or a limited background check covering just the past year.