How to Clarify a Criminal Record to a Potential Employer
With millions of Americans experiencing incarceration, employers are faced with growing numbers of applicants with a criminal record. Any admission of a criminal conviction is often swift grounds for disqualification. Knowing what employers can ask will help an ex-offender improve their position, depending on the approach that they take.
Things You'll Need
- Accurate criminal history
- Computer
- Personnel file
- Post-prison employment program
- Resume
Instructions
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Know Your Rights
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States vary in how they record a criminal history, so learn the relevant laws in your state. If you are found guilty of--or plead guilty to -- any aspect of a crime, you may still have a conviction on your record even if you never spent a night in jail, were put on probation, or performed community service to satisfy the court's requirements.
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Study your state's laws to find out what a potential employer can ask. As of January 2005,10 states--California, Hawaii, Illinois, Massachusetts, Michigan, New York, Ohio, Rhode Island, Utah, and Wisconsin--forbid any questions related to arrests that did not result in convictions. Five more--Hawaii, Kansas, New York, Pennsylvania, and Wisconsin--actually protect people from not being hired due to a criminal record.
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3
Obtain a copy of your "rap sheet" or criminal history before you make the job interview rounds. Check it closely for errors. A surprisingly high percentage of rap sheets contain errors, such as a list of arrests whose outcomes are not explained. This is especially true in larger jurisdictions. If you find an error, contact the relevant agency as soon as possible to correct it.
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Get a sense of employers' most frequently asked questions ahead of time. Check the careers section of your local library or consult "The Interview Questions You Should Expect" section of the Department of Labor's website (www.dol.gov). Read over the questions carefully to determine how you will answer them.
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Prepare a resume or work history outlining the most recent jobs you had before your jail or prison confinement. Be ready to explain any gaps or adverse situations such as being fired from a job. Get a copy of your personnel file, if possible, and check that for errors, too. If you disagree with something, write a statement outlining your objection and add it to the file.
Ace The Interview
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Answer all questions truthfully, especially if the employer wants to know more details of your offense. Stress that you are changed and rehabilitated. Explain your side of the story in a calm, rational manner. Lying about your past can cost you the job, as well as your eligibility for welfare and unemployment benefits.
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Be upbeat, but realistic about your prospects. Applying for a bank teller's job with property crimes on your record is probably not going to work out. Criminal records can disqualify you from courtroom- or law enforcement-related work, along with certain types of licenses, such as driving a school bus or operating a daycare center. Certain state or federal jobs may also be effectively placed off-limits.
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Get references from past coworkers if you can. Ask them what they would say if a potential employer calls them and how they would say it. This is another vital step to show that other people still trust you in spite of your criminal past.
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Seek help from a post-prison employment program or counseling group, which can advocate for you, and help bridge the difficulty that many former jail or prison inmates experience in landing a job. Ask friends and neighbors if they know of such groups or do an online search to see if one exists in your area.
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Tips & Warnings
If you think you weren't hired for a job because of your record, ask the employer if that played a role in their decision. If you don't get a job due to your credit history, the employer is required to tell you and give you the reporting agency's name and address.
Tell a potential employer about any prison work programs, drug and alcohol rehabilitation, or counseling programs that you successfully completed. A good behavioral record is important in reassuring an employer that you can work peacefully without causing problems.
Failing to disclose felony convictions on an application does not mean you are home free. Employers can still pull up this information on a credit report, which is increasingly coming into play, particularly for jobs that involve the handling of money.
Never argue with an employer that your record is wrong. Consult an attorney or legal assistance group, to determine your rights, since some offenses can be expunged, under certain conditions.
