How to Handle a Criminal Record When Job Searching

Having a criminal record can make finding a job tough. But, there are legal tools and strategies to help you. This article will show you how to deal with criminal background checks and more.

You can remove arrests with expungements and seal convictions with nondisclosure orders. You can also try to overturn wrongful convictions. Plus, it’s important to be honest about your criminal history when applying for jobs.

Getting legal help can also boost your chances of getting a job. This article will guide you through these steps.

Key Takeaways

Understand your rights and legal options when dealing with a criminal record during the job search process.
Learn about the information that can appear on a criminal background check and how to address it.
Explore the process of expunging arrests and sealing convictions to improve your employment prospects.
Discover strategies for overturning wrongful convictions and applying for jobs with transparency.
Identify resources and legal assistance to navigate the complexities of a criminal record in the job market.

Understanding Criminal Background Checks

What Shows Up on a Criminal Background Check?

When you apply for a job, knowing what a criminal background check might show is key. Arrests and their outcomes, like dismissals or not guilty verdicts, can be seen by employers¹. Even if a case was closed or you were cleared, the arrest record stays¹. It’s vital to look into legal ways to clear your name.

In the U.S., employers need your okay before doing criminal record checks for jobs². These reports list your name, birth date, address, social security number, convictions, charges, and other names you might use¹. Checks can be done in person, over the phone, or online during the hiring process¹.

Country	Criminal Background Check Process
United Kingdom	Criminal record checks, known as “DBS Checks,” vary based on the role’s requirements, such as more detailed checks in the healthcare sector.
Philippines	Employers often request National Bureau of Investigation (NBI) clearance to verify criminal cases tried in courts.
Singapore	Employers can access the Certificate of Clearance for official criminal background checks.
New Zealand	Criminal background checks can be conducted through the Ministry of Justice with candidate consent, and Police Vetting is available for approved agencies caring for children, older people, and vulnerable members.

Employers can look at criminal records but can’t discriminate based on race, gender, or other things². They must tell you if they use a background reporting company, and you can challenge any wrong or missing info on your report².

Many countries have online systems for criminal background checks, and companies like Veremark offer full, legal checks¹. Knowing your rights and legal options can help you manage your criminal record when job hunting²¹.

Removing Arrests from Your Record

Expungements for Dismissed Cases

If you were arrested but the case was dismissed or you were found not guilty, you might be able to get your arrest removed from your record. This process is called an expungement (or expunction)³. It’s a court order that wipes out most arrests that didn’t lead to a conviction from your record³. Afterward, you won’t have to mention the arrest during background checks, as if it never happened.

Under Penal Code section 851.91, you can seal your arrest records if you were arrested but faced no charges, had charges dismissed, or were found not guilty³. You can ask for sealing by filling out Form CR-409, which is available in several languages³. But not all arrests can be sealed, and you can learn more on Form CR-409-INFO, also in multiple languages³.

Finishing certain diversion programs or having charges dropped after them might let you seal your arrest records too³. If you were wrongly arrested, a judge might order your records sealed and destroyed³. Also, if you were found not guilty or had your conviction overturned, you can seal your arrest records under certain laws³.

There’s no single form for sealing if you were found not guilty at trial, but your lawyer might help with the process³.

In California, you can get your arrest records sealed and destroyed if you weren’t convicted⁴. Misdemeanor arrests get sealed after a year with no charges, and felony arrests after three years⁴. If your case was dismissed, it should be cleared right away⁴.

The Clean Slate Act, starting July 1, 2023, will automatically clear many arrest and conviction records after certain conditions are met⁴. You might also be able to seal your arrest record under Penal Code 851.87 if it didn’t lead to a conviction under specific rules⁴.

But, there are limits and exceptions to sealing criminal records in California. If you have a history of domestic violence, child abuse, or elder abuse, you might face hurdles in sealing your records⁴. Yet, you can still ask for sealing based on fairness⁴.

Sealing your arrest record means no one can see it for background checks by employers, landlords, or others, giving you a clean slate⁴.

California has broadened its expungement laws, clearing most felony convictions, except for sex crimes⁵. Since mid-2023, hundreds of felony expungements have been granted, and about 225,000 Californians will get automatic felony expungement soon⁵. Sealing old misdemeanors has also made millions of cases invisible to the public, helping millions of people⁵.

These legal options can help those with criminal records, but it’s wise to talk to a lawyer to see if you qualify and how to go about it³⁴⁵.

Sealing Convictions Through Nondisclosure Orders

If your first arrest led to a deferred adjudication or conviction, you might seal your record later with a nondisclosure order⁶. This process is not as strong as expungement but still helps by hiding your criminal record from public view. This includes private companies doing background checks⁶.

In Massachusetts, you must wait three years to seal a misdemeanor conviction or seven years for a felony conviction⁶. But, some crimes like certain gun offenses, crimes against the public, and some sex crimes can’t be sealed⁶.

Now, resisting arrest convictions can be sealed, which was not the case before⁶. Sealed records are not public but can be seen by law enforcement, courts, and some officials⁶. In some civil cases, like abuse or divorce cases, sealed records might be used in private hearings⁶.

Some agencies, like the Department of Early Education and Care, can still see sealed records for screening⁶. But, most employers, housing authorities, and licensing boards can’t look at sealed records unless the crime was serious and moved to a higher court⁶.

You can also seal non-conviction records, like not guilty findings or dismissals⁶. A judge can seal these if they think it’s right, needing you to show good reason for sealing⁶.

Before sealing your record, know the laws in your state and any exceptions⁷. Talking to a lawyer can help you go through the process right and get the most out of sealing your record⁷.

Eligibility	Waiting Period	Accessibility
Misdemeanor convictions Certain felonies ineligible Resisting arrest convictions now eligible	Misdemeanors: 3 years after guilty finding or completion of jail/prison time Felonies: 7 years after guilty finding or completion of jail/prison time	Not accessible to the public Accessible to law enforcement, courts, and some appointing authorities May be used in certain civil cases if deemed relevant Accessible to some agencies for screening purposes Generally inaccessible to private employers, housing, and licensing

Remember, sealing your record through nondisclosure orders has different rules in each state⁷. Always talk to a lawyer to know your rights and options well⁷.

Overturning Wrongful Convictions

If you think you were wrongly convicted, there are ways to fix it. Appeals and writs of habeas corpus let you argue your conviction was unfair⁸. Even if you pleaded guilty, you might still challenge it if your lawyer didn’t help you enough or if you were forced into a plea deal⁸.

Most appeals say the lawyer didn’t help enough⁸. This can mean not stopping bad evidence, not investigating enough, missing important motions, or ignoring misconduct⁸. To win, you must show the lawyer’s mistakes hurt your case⁸.

Proving you’re innocent can also work⁸. If there wasn’t enough evidence to convict you, you might win⁸. Saying you didn’t get a jury trial can also help⁸. If you were mentally unfit, your conviction could be thrown out⁸.

In California, you can try to clear your name with Expungement or other options⁹. The California Innocence Project helps those wrongly accused by looking into cases and fighting for justice⁹.

About half of those cleared since 1989 were African-American¹⁰. African-Americans wrongly convicted of murder stay in prison three years longer than whites¹⁰. In 2016, there were a record 166 exonerations in the U.S¹⁰. From 1989 to 2017, almost 2,000 people were cleared of crimes they didn’t commit¹⁰. Racism often plays a part in these wrong convictions¹⁰.

After being convicted, you can try to clear your name or change your sentence⁹. You might want to restore your rights or challenge your imprisonment with a Writ of Habeas Corpus⁹. You need to meet certain requirements and know the time limits for these actions⁹. Stein & Markus offers free advice and strong legal help for these cases, making sure your rights are protected⁹.

criminal record, job search, legal advice

Looking for a job with a criminal record can be tough. But, there are ways to boost your chances. Networking and building relationships in your field can make people see your skills and potential, not your past¹¹.

Being honest and upfront about your past can sometimes impress employers¹¹. Also, finding industries that are open to hiring people with criminal records can help¹¹.

Laws like the Civil Rights Act of 1964 and Philadelphia’s Ban the Box Law protect job seekers with criminal records¹¹¹². These laws stop employers from looking at your criminal history too closely before offering you a job¹¹¹².

In Philadelphia County, employers can’t take back a job offer because of a criminal record that’s over seven years old, unless there are special rules¹¹¹². If they do take back an offer, they must give you written notice and a copy of the criminal record¹¹¹².

Using these legal protections, focusing on your skills, and being proactive in your job search can help you find a job despite your criminal record¹¹¹²¹³.

Key Strategies	Benefits
Networking and building relationships Honesty and personal growth Focusing on specialized industries Leveraging legal protections	Helps employers look beyond past mistakes Demonstrates responsibility and potential Increases opportunities with accepting employers Protects against discrimination and unfair practices

By using these strategies and knowing your legal rights, you can make the job search easier, even with a criminal record¹¹¹²¹³.

Getting Legal Assistance

If you think you might be eligible for expungement, nondisclosure order, or want to clear a wrongful conviction, start by finding a skilled criminal defense attorney¹⁴. There are also resources to help people with criminal records find jobs.

When looking for a criminal defense attorney, find one who knows about expungement, nondisclosure, and wrongful conviction cases¹⁴. They can look at your case, tell you your options, and help you through the legal steps. They also protect you from unfair job discrimination.

Many criminal defense attorneys offer free first meetings to talk about your case and see if they’re right for you.
Search for attorneys who have won cases on expungement, nondisclosure, and wrongful conviction.
Try contacting local legal aid groups or pro bono clinics for legal resources and advice that might be cheap or free.

Dealing with the legal system is tough, and having a great criminal defense attorney can really change your case’s outcome¹⁴. With professional help, you can work on your criminal record and boost your job prospects.

Conclusion

When looking for a job with a criminal record, remember you have rights and ways to boost your chances¹⁵. Many places now wait to look at your criminal past until later in hiring¹⁵. Employers should look at your whole story, including your skills and work history¹⁵.

Learn about the laws on background checks¹⁶. Look into ways to clear, seal, or change your record¹⁶. The time it takes for a past crime to stop being a big deal varies¹⁵. So, keep up with the rules and keep trying in your job hunt.

With the right attitude, legal help, and support, you can beat the challenges of a criminal record and get the job you want. Remember, knowing your rights, the process, and being proactive is key. There are legal tools and strategies out there to help you. Keep researching, get legal advice if you need it, and keep applying for jobs. Focus on what you can do now, not your past.

FAQ

What information typically appears on a criminal background check?

Arrests and their outcomes, like dismissals or not guilty verdicts, can be seen on background checks. Even if a case was dismissed or you were found not guilty, the arrest itself will still be visible to employers.

How can I remove arrests from my record through expungement?

If you were arrested but the case was dismissed or you were found not guilty, you might qualify for expungement. This legal process removes most arrests without convictions from your record by court order.

How can I seal a criminal conviction through a nondisclosure order?

If your first arrest led to deferred adjudication or a conviction, you might seal your record with a nondisclosure order. This process, while not as strong as expungement, hides your criminal record from public view, including background checks by private companies.

What can I do if I believe I was wrongfully convicted?

If you think you were wrongly convicted, there are legal ways to challenge it. Appeals and writs of habeas corpus let you argue your conviction was unfair. Even if you pleaded guilty, you might overturn it if your lawyer didn’t help you enough or if you felt forced into the plea.

What tips can you provide for applying for jobs with a criminal record?

With a criminal record you can’t erase, there are ways to boost your job prospects. Networking and building professional relationships can help overlook your past. Being honest about your criminal history, taking responsibility, and showing personal growth might impress employers. Look for industries and companies that value your skills over your past mistakes.

How can I get legal assistance for my criminal record issues?

To explore expungement, nondisclosure orders, or challenge a wrongful conviction, find a criminal defense lawyer who specializes in these areas. There are also resources and programs to help with job searches and finding employment despite a criminal record.