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Criminal Records In Employment: Navigating The Hiring Process

A job search is daunting for most individuals. However, those with a criminal history may feel a greater weight on their shoulders each time they submit an application.

In 2017, a study found that unemployed men between ages 30 to 38 had varying levels of involvement with the criminal justice system.

With those numbers in mind, it’s important to remember that if you have a criminal record, you are not the first to need to find a way to navigate the issue to earn a living.

Despite the concerns you may feel if you have a criminal record, it is manageable to land a job when you approach the hiring process with careful and thoughtful preparation.

In this blog post, we share some important guidance to help you deal with a mark on your record and let employers know you are trustworthy and ready to help them accomplish their organizational goals.

Understand Your Rights

Around 96% of businesses routinely perform background checks on applicants. That means that if you have an issue with the law in the past seven years, an employer will likely discover it. That said, you have rights.

Know the Law

Different areas have different laws regarding criminal records in the hiring process. Familiarize yourself with your local laws or work with a trusted criminal defense firm to ensure you understand your local and state laws. Your attorney can help you understand your rights regarding criminal records and how they can and cannot be used in the hiring process.

Some states, such as New Jersey, have “Ban the Box” legislation that prohibits employers from asking about criminal history on initial job applications.

Disclosure and Honesty

If a hiring manager asks about your criminal record, answer honestly but briefly. Prepare a clear, straightforward explanation without going into unnecessary details.

Preparing Your Application

Since a conviction stays on your record for seven years, it’s important to stay realistic but positive. Here are some steps you can take during the application stage.

Create Your Resume

Focus on your skills, experiences and achievements. Highlight any training, education or rehabilitation programs completed before, during and after your conviction to show your commitment to leaving your criminal history in the past and embracing a positive future.

Additionally, leave a note in your resume stating that you “will discuss in interview” if or when you specifically reference your criminal record.

Cover Letters and Personal Statements

Cover letters and personal statements are vital tools you can use to your advantage. Use these to tell your story in a positive light. Emphasize personal growth, responsibility and how your previous experiences — negative and positive — have prepared you for the job.

Seek Character References

Reach out to friends, family members and professionals in your community to speak out on your behalf through a sincere character reference letter.

During the Interview

Job interviews induce stress under the best possible circumstances. If you have a criminal issue in your past, the concern compounds. Consider the following tips.

Anticipate Questions About Your Past

Assume that the interviewer will ask questions about your past and prepare for them, practically and emotionally. Practice positive and confident responses that focus on your growth and readiness for the job.

Positive Framing

Frame your experiences as a lesson and an ongoing learning journey. Show how your conviction and its repercussions have equipped you with unique skills or perspectives valuable to the employer.

A criminal record by no means defines your ability to serve as a trusted and promising employee. With the right mindset, approach, preparation and support system, you can navigate the hiring process successfully and land a job with an employer wise enough to see and value your potential.

Lisbette Baltazar is an attorney with Sanchez & Baltazar Attorneys. She is a first-generation college and law school graduate who was raised in San Diego by her parents who immigrated from Mexico. While in law school, she volunteered at nonprofit organizations in the following areas of law: employment, immigration, criminal and personal injury. She is always willing to go above and beyond in helping her clients achieve justice in their legal matters.

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