If you have been convicted of a crime, you may wonder if you will be able to find employment. Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this concern stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who subsequently caused harm to others while on the job. Another concern for employers relates to whether they will have to disclose the criminal conviction. For example, if a company is trying to raise capital, it may need to make certain disclosures to a bank. Will the company have to disclose that an employee has a criminal conviction for embezzlement or money laundering?
The laws about which criminal records an employer must or may access, what an employer may ask a potential employee and what the job applicant must reveal vary widely from state to state.
Conflicting Public Policies
On the one hand, the public wants to reintegrate into society people with criminal histories, rehabilitated and gainfully employed. A routine schedule and regular income lessen the likelihood that a person will reoffend, but a person with a criminal record may face prejudice in the job application process. On the other hand, it is important to protect the public from contact with prior offenders who may have propensities to re-commit. For example, convicted sex offenders should not work with children or vulnerable adults.
How Much to Reveal
Depending on the state, an applicant may not have to reveal any or some types of potentially damaging information, such as arrests not resulting in convictions or convictions for minor matters. Some states have procedures to judicially "erase" a criminal record. A criminal defense attorney can help determine whether you may be eligible to get a conviction sealed, expunged or otherwise legally minimized.
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