Understanding Your Rights
Having a criminal record can significantly impact your ability to secure employment. However, it's essential to understand that you have legal rights that protect you from discrimination. The Fair Chance Act, for example, prohibits employers from inquiring about your criminal history until after a conditional job offer has been made.
Additionally, the Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. If you believe you've been discriminated against due to your criminal record, you may be able to file a complaint with the EEOC.
Background Checks and Employment
Background checks are a common practice in the hiring process. Employers use these checks to verify the information you provide on your job application and to assess your suitability for the position. However, employers must comply with the Fair Credit Reporting Act (FCRA) when conducting background checks, which includes obtaining your consent and providing you with a copy of the report.
If an employer discovers a criminal record during a background check, they must consider the nature of the crime, the time elapsed since the crime, and the relevance of the crime to the job. Employers must also provide you with an opportunity to explain or dispute the information in the report.
Expungement and Sealing Records
If you have a criminal record, you may be eligible to have your records expunged or sealed. Expungement involves the complete removal of your records from public access, while sealing records restricts access to your records. The process and eligibility requirements for expungement and sealing records vary by state, so it's essential to consult with an attorney to determine your options.
Having your records expunged or sealed can significantly improve your chances of securing employment. However, it's crucial to note that not all employers are required to disregard expunged or sealed records, and some may still have access to your records through other means.
Discrimination and Retaliation
If you believe you've been discriminated against due to your criminal record, you may be able to file a complaint with the EEOC or your state's fair employment agency. It's essential to keep detailed records of any incidents, including dates, times, and the parties involved.
Additionally, if you've experienced retaliation for exercising your rights or reporting discrimination, you may be able to file a separate complaint. Retaliation can take many forms, including termination, demotion, or harassment, and is prohibited under federal and state laws.
Protecting Your Career
If you have a criminal record, it's essential to take proactive steps to protect your career. This includes being honest about your record on job applications, while also being prepared to explain the circumstances surrounding your conviction.
Additionally, consider working with a career counselor or attorney to develop a strategy for disclosing your record to potential employers. By being prepared and knowledgeable about your rights, you can increase your chances of securing employment and advancing in your career.
Frequently Asked Questions
Can an employer ask about my criminal record on a job application?
No, under the Fair Chance Act, employers are prohibited from inquiring about your criminal history until after a conditional job offer has been made.
How long does a criminal record stay on my background check?
The length of time a criminal record stays on your background check varies by state and the type of crime. However, most background checks only report convictions from the past 7-10 years.
Can I have my criminal record expunged or sealed?
Yes, if you meet the eligibility requirements, you may be able to have your records expunged or sealed. Consult with an attorney to determine your options.
What if an employer discovers my criminal record during a background check?
If an employer discovers your criminal record, they must consider the nature of the crime, the time elapsed since the crime, and the relevance of the crime to the job. They must also provide you with an opportunity to explain or dispute the information.
Can I file a complaint if I've been discriminated against due to my criminal record?
Yes, if you believe you've been discriminated against due to your criminal record, you may be able to file a complaint with the EEOC or your state's fair employment agency.
How can I protect my career if I have a criminal record?
To protect your career, be honest about your record on job applications, be prepared to explain the circumstances surrounding your conviction, and consider working with a career counselor or attorney to develop a strategy for disclosing your record to potential employers.