How to Get a Job with a Criminal Record

Everything you need to know about job hunting when you have a criminal background.

By Martina Mascali, Monster Contributor

Job searching is stressful enough without wondering whether criminal background checks for employment might interfere with your ability to get hired. But you're not alone in wondering how to get a job with a criminal record.

According to the National Conference of State Legislatures, one in three Americans has a criminal record —also known as a rap sheet. That’s approximately 77 million people. You're part of a vast community, each person with their unique story and potential.

Background checks, used by 94% of employers according to the Professional Background Screening Association, are a standard step in the hiring process. Yet, these checks don't necessarily mean there aren’t employment opportunities for felons. Increasingly, there is a recognition of the value of second chance hiring – a concept that emphasizes your potential and skills, rather than your past mistakes.

For example, on July 1 2020, California enacted a major licensing reform to make it easier for eight million residents with criminal records to obtain professional licenses from any of the 37 licensing agencies within the Department of Consumer Affairs (DCA). Moreover, the Clean Slate Act, implemented in over 10 U.S. states, is a landmark in fostering a more inclusive job market.

We are here to provide you with valuable knowledge and actionable strategies to help you get a job with a criminal record. Your journey may have its complexities, but with the right approach, a criminal record can become just one part of your story, not the defining chapter.

Understanding Criminal Background Checks for Employment

Criminal background checks for employment serve as a tool for employers to assess the potential risks and suitability of a candidate, especially in roles requiring trust and responsibility. Interestingly, while a criminal record is among the top barriers to employment, the impact of a criminal record can vary.

Recent studies from the U.S. Chamber of Commerce indicate an increasing trend in second chance hiring, suggesting that employers are becoming more open to hiring individuals with criminal records. More studies also found that stable jobs for the formerly incarcerated reduce recidivism and benefit society.

Employers also consider the nature and frequency of offenses. In fact, 38% of employers weigh the type and regularity of the offense when evaluating your criminal history. This approach reflects a more nuanced understanding of criminal records, recognizing that not all offenses have the same implications for job suitability.

Why Employers Conduct Criminal Record Searches

Before finding out how to get a job with a criminal record, it’s important to understand that employers conduct criminal record searches for various reasons. The primary goal is to ensure workplace safety and protect the company's interests. For instance, hiring a person with a history of financial fraud for a finance-related job could pose significant risks.

Plus, a company that doesn't do background checks may be liable if they hire someone who goes on to commit a violent act, steals from a business partner, or sexually harasses coworkers. In other words, employers that don’t do background checks before hiring employees are assuming a lot of risk.

What Employers Can Legally Check

Although there’s no national database that employers can check for felony convictions, many states make residents' criminal background information available. The Public Access to Court Electronic Records (PACER) system provides online access to federal court records, which employers can use to see if you've been involved in civil or criminal court cases.

Under federal law, criminal convictions are reportable indefinitely, unless your state provides information to the contrary. Still, most states have laws about what's fair game when companies run criminal background checks for employment. For example, a state may allow employers to look back only five years, or to consider felonies but not misdemeanors. Employers can also check your DMV record to see if have a DUI, speeding tickets, or moving violations.

What if you were arrested but not convicted?

The Fair Credit Reporting Act (FCRA) is the federal statute that allows employers to use arrest records from the past seven years when making hiring decisions. However, certain states have laws that preclude the statute, so depending on where your arrest occurred, an employer may or may not be able to use that against you.

Be aware of your rights and the legal limitations on what employers can check in your state and visit government resources, such as state labor department websites or the U.S. Equal Employment Opportunity Commission to catch up on the latest updates.

Changing Employer Attitudes Toward Criminal Histories

Recent research from the Society for Human Resource Management (SHRM) reveals that 85% of HR professionals and 81% of business leaders believe workers with criminal records perform just as well or better in their jobs compared to workers without criminal records (SHRM). This positive outlook is a beacon of hope, signaling a more inclusive approach to hiring.

Moreover, a study published in The Quarterly Journal of Economics emphasizes that with cost-effective policies, employers can integrate workers with past involvement in the criminal justice system without negatively impacting their interests. This study underscores a growing understanding that individuals with criminal records can be valuable, reliable employees:

  • 39% of businesses in their sample said that they are willing to work with individuals with a criminal record at baseline.
  • This rises to over 50% when businesses are offered crime and safety insurance, a single performance review, or a limited background check covering just the past year.

The Clean Slate Act: Opening New Doors

A key player in providing employment opportunities for felons is the Clean Slate Act. This groundbreaking legislation automates the sealing of certain criminal records, effectively removing them from public access. This act broadens employment opportunities, particularly for first-time offenders of low-level offenses.

Since 2018, the Clean Slate Act has allowed individuals to move beyond their past mistakes and fully participate in the workforce in several states, including:

  • Pennsylvania (2018)
  • Utah (2019)
  • New Jersey (2019)
  • Michigan (2020)
  • Connecticut (2020)
  • Delaware (2021)
  • Virginia (2021)
  • Oklahoma (2022)
  • Colorado (2022)
  • California (2022)
  • Minnesota (2023)
  • New York (2023)

The impact of the Clean Slate Act is profound and represents more than just an answer to how to get a job with a criminal record. Removing barriers to employment not only benefits individuals with criminal records but also addresses wider social and economic challenges.

Stable employment reduces recidivism rates, meaning fewer individuals are likely to re-offend and return to the criminal justice system. This reduction in recidivism has profound social implications, including:

  • enhancing community safety
  • decreasing the burden on the criminal justice system
  • fostering a sense of community integration and cohesion

People who successfully reenter the workforce after incarceration often become positive role models in their communities, breaking cycles of crime and poverty that can span generations. So, when individuals like you who have criminal records gain employment, it's not just a personal victory. It's a societal triumph.

Economically, the impact is equally significant. Joining the workforce means you’ll contribute to taxes and increasing consumer spending, boosting the economy. Additionally, reducing recidivism also translates to decreased costs in law enforcement, legal proceedings, and incarceration, saving taxpayer dollars and allowing these funds to be redirected to other critical areas like education and public health.

The Clean Slate Act's role extends far beyond creating more job opportunities for felons. It contributes to safer, more cohesive communities, and fuels a more dynamic, inclusive economy. Employers are adapting to this change, re-examining their hiring policies to align with the act and ensuring compliance while tapping into a broader talent pool – of which you are a part.

Second Chance Hiring

Second chance hiring is not just a concept, it's a movement that's gaining momentum across the U.S. This initiative, led by the Second Chance Business Coalition (SCBC), is all about giving you a fair shot at employment, recognizing your potential and the value you can bring to the workforce as someone with a criminal record.

Here are some of the SCBS members and major U.S. employers committed to expanding second chance hiring and advancement practices for people with criminal records:

How to Get a Job with a Criminal Record: Proactive Steps

Job hunting with a criminal record might seem like a daunting task, but with the right strategy and mindset, you can navigate this journey successfully. Let’s explore some key proactive steps that are essential in learning how to get a job with a criminal record.

1. Conduct Your Own Criminal Background Checks for Employment

Worried about what’s going to show up on your background check? Run a criminal background report on yourself before seeking employment. For a fee, you can order a criminal background check using a third party like Good Hire or Criminal Watchdog.

Here are three good reasons why you should conduct your own background check:

  • Awareness of your record. Understanding exactly what is in your criminal record is essential. It helps you anticipate and prepare for questions or concerns that employers might have.
  • Identifying inaccuracies. Sometimes, criminal records contain errors. Identifying and rectifying these inaccuracies can significantly improve your chances of getting hired.
  • Building confidence. Knowing the details of your record builds confidence. You can enter job interviews prepared to discuss your past openly and honestly, focusing on how you’ve grown since then.

Check for errors on your report, such as:

  • Misclassification of crimes. Ensure that the offenses are correctly classified. Sometimes, misdemeanors are mistakenly recorded as felonies.
  • Outdated information. Check if the record includes offenses that should no longer be reported due to their age or changes in law.
  • Identity errors. Ensure that all the offenses listed are actually yours and not someone else’s with a similar name or demographic details.
  • Incomplete information. Sometimes records might show arrests without displaying the final disposition. Ensure that your record accurately reflects the outcomes of any arrests or charges.

If you spot an error, you can dispute it with that particular company. You can also file a complaint with the FTC. While the FTC can’t make corrections to your background check, it can investigate and potentially sue the background check company if it finds evidence of wrongdoing.

2. Explore Expungement Options

Depending on your charges and the state in which the crime took place, you may be able to get your record expunged, which means your arrests and/or convictions would be cleared, effectively removing this obstacle to employment altogether. When you expunge a criminal record, it's different than having your record sealed, which removes your charges/convictions from public view, but still leave them accessible via a court order.

For a fee, expungement attorneys or services like Record Gone and Checkr may be able to clear your record. Many individuals use this as a solution when looking into how to get a job with a criminal record. Again, your expungement eligibility depends on a variety of factors, but it is absolutely worth the time it takes to research the matter.

3. Explain Your Conviction

What you've done since your conviction and the rehabilitation you've completed may also come into play. Still, there’s no need to over-explain. When you're preparing for job interviews, have ready a brief explanation of what happened and what you learned from the experience. Emphasize your commitment to making a positive contribution to society and how you see this job as a wonderful opportunity to do just that.

4. Build a Strong and Honest Resume

By focusing on your skills, achievements, and the positive steps you've taken since your conviction, you can create a strong resume that opens doors to new opportunities.

  • Use a compelling summary to open your resume, focusing on your future goals and the value you bring.
  • Highlight any relevant experience, education, or qualifications you gained, even during incarceration.
  • Be prepared to discuss any gaps in your resume during interviews. Have clear, concise responses ready, focusing on the positive aspects of your journey.
  • Use a clear format and include keywords and phrases from the job description to optimize and tailor your resume to the job you’re applying for.
  • For more tips, read about how to write a resume with a criminal record.

Get Professional Help With Your Resume

This guide on how to get a job with a criminal record offers all you need to know to embark on your job search. Don’t let the idea of criminal background checks for employment stop you from pursuing a good-paying job. But first, get your resume into shape with help from a free resume evaluation from our experts here at Monster. You'll get detailed feedback to help you improve any weak spots and start off strong.

This article is not intended as a substitute for professional legal advice. Always seek the professional advice of an attorney regarding any legal questions you may have.