Most job seekers with criminal records wonder if the job market is negative-minded about individuals who have some sort of criminal activity. And this concern is valid. Many employers do check their potential employees for any past criminal activity as part of the background check process. While not all employers automatically reject candidates with a record, some industries, especially those involving finance, security, childcare, or healthcare, tend to be more cautious or restrictive.
What’s interesting is that some U.S. states — and cities — are more tolerant to job seekers with criminal records than others. California, Washington, Oregon, New York, and Massachusetts are some of these states. When it comes to cities, San Francisco, Los Angeles, Newark, Chicago, and Philadelphia stand out for their progressive policies.
But the question is: Can you get a job with a criminal record? Yes, it’s possible. Even though it might be tough, many employers do hire people with criminal histories. Let’s dig deeper into that.
Understanding Employment with a Criminal Record
Navigating the job market with a criminal record can be challenging, but many employers are open to hiring individuals with criminal histories, including people with criminal records. Contrary to popular belief, more than 25% of workers in the active workforce have at least one prior conviction. This significant number highlights the reality that having a criminal record doesn’t automatically disqualify someone from employment opportunities.
A common misconception is that employers are universally wary of candidates with conviction histories. However, many employers are increasingly willing to hire individuals with criminal records, particularly in sectors with high demand for workers. They often consider the relevance of a criminal record to the job in question and the type of crime committed, including any criminal convictions and conviction records, as well as a person’s criminal history. For instance, a minor offense unrelated to the job may be more easily overlooked than a serious crime directly impacting job responsibilities.
Additional barriers created by racial stigmatization and legalized discrimination also exist. These can further complicate the job search for individuals with criminal records. Despite these challenges, knowing the other factors employers consider and which sectors are more open to hiring can significantly improve your job prospects.
Preparing for Background Checks
Being prepared for a background check is a vital step in your job search. Key points to consider include:
- More than 90% of employers typically conduct background checks as part of their hiring process.
- The scope of these checks can vary significantly depending on the job’s nature and location.
- It’s important to be aware of your rights under various federal and state laws regarding background checks.
Applicants should take proactive steps to prepare for background checks, including:
- Maintaining accurate records of education and past employment
- Reviewing professional licenses and certifications
- Obtaining copies of their own records to identify inaccuracies
- Being honest in job applications regarding past issues increases the chances of being considered for a position as a job applicant, especially when a criminal background check is involved.
Job Sectors Open to Individuals with Criminal Records
Certain job sectors are more open to hiring individuals with criminal records and provide valuable entry-level and skilled employment opportunities. These industries include:
- Technology
- Construction
- Delivery
- Manufacturing
- Foodservice
- Self-employment.
These sectors seek qualified workers, often prioritizing skills and experience over criminal histories. Below, we delve into certain types of industries in more detail.
Technology
The technology sector holds promise for individuals with criminal records. Many roles in this industry focus on skills in coding and relevant experience, which can significantly enhance employment opportunities. Larger tech firms may conduct background checks, but many smaller companies prioritize skills and experience over criminal histories.
For example, mastering coding languages and gaining practical experience through projects or freelance work can make you an attractive candidate. The tech industry is dynamic and ever-evolving, offering numerous pathways for those willing to learn and adapt.
Construction
The construction industry is another sector open to hiring individuals with criminal records. Skilled positions in high demand include carpenters, electricians, plumbers, and roofers. In some regions, construction companies may even overlook criminal background checks if applicants possess the necessary skills.
Courses and obtaining certifications or licenses can significantly improve your hiring chances in the construction sector.
Delivery
Delivery services offer numerous job opportunities for individuals with criminal records. Local delivery companies and trucking enterprises often prioritize driver qualifications over criminal histories, and reliable drivers are always in demand.
This sector offers viable employment, especially if you have a clean driving record and relevant experience.
Manufacturing
Manufacturing presents a range of job opportunities for individuals with criminal records. Positions in production, packing, and operating equipment are often more open to hiring individuals with prior convictions.
The manufacturing sector often bypasses stringent background checks, which makes it accessible to those with a criminal history.
Foodservice
Foodservice jobs in restaurants, cafeterias, and small diners typically don’t require background checks. This industry also offers career advancement opportunities, from entry-level positions like line cook to higher roles such as head chef.
The foodservice sector is a great place to start for those looking to rebuild their careers.
Self-employment
Self-employment offers numerous advantages for individuals with criminal records. It eliminates background checks, offers flexible hours, and can lead to above-average salaries. Common self-employment opportunities include application development, computer repair, car maintenance, and landscaping.
Self-employment allows you to control your work hours and the type of work you do. This path offers a chance to rebuild your career on your terms, without the constraints of traditional employment barriers.
Are There Legal Protections for Job Applicants with Criminal Records?
Yes, several legal protections exist for job applicants with criminal records. The Fair Chance to Compete for Jobs Act prevents federal employers from inquiring about criminal history before making a conditional job offer. While some federal laws restrict hiring individuals with specific criminal records for certain roles, many states prevent employers from asking about criminal records until later in the hiring process.
Employers must assess whether a criminal record or arrest records are relevant to job responsibilities when hiring. Most employers must comply with the EEOC, which enforces laws that prohibit discrimination based on race and national origin regarding criminal records and arrest records. Discrimination based on these factors is prohibited.
If you believe you’ve faced unlawful discrimination, you can file a complaint with the EEOC or relevant local law enforcement agencies. Knowing these protections can help you navigate the job market more confidently.
Strategies to Improve Job Prospects
Improving job prospects involves a mix of education, training, and strategic job searching. Vocational training or education can significantly enhance job opportunities. Programs like the California Employers’ Fair Chance Hiring Toolkit inform employers of the advantages of hiring individuals with criminal histories.
Networking and community relationships can provide valuable job leads for those with criminal histories, and honesty about your criminal past during interviews can foster trust with potential employers.
Success Stories: Real-Life Examples
Larry Miller, who committed murder as a teenager, turned his life around through education and later became a successful executive at Nike. Despite significant barriers due to his criminal past, he rose to prominence as a person and president of the Jordan brand at Nike.
Tonya Jones overcame numerous job rejections linked to her misdemeanor conviction and eventually secured a position at a financial company that didn’t discriminate based on her background, which was a significant point in her journey. The law played a role in her ability to find employment, despite having been arrested, and her job performance has since improved.
These stories highlight the importance of providing second chances and demonstrate the potential for individuals with criminal records to have their records expunged and contribute positively to the workforce.
Let’s Recap
Getting a job with a criminal record is challenging, but far from impossible. While many employers remain cautious, especially in industries regulated by federal laws, others are increasingly open to giving individuals with a criminal offense a second chance.
If you’re applying for jobs, remember that the Fair Credit Reporting Act gives you rights regarding how your background check is conducted. Additionally, the federal government and several states have introduced legislation — like the Fair Chance to Compete for Jobs Act — that delays background checks until after a conditional job offer is made, reducing the risk of employment discrimination early in the process.
Understanding your rights, preparing thoroughly, and focusing on industries open to second-chance hiring can significantly improve your employment prospects. A criminal offense doesn’t define your future — your determination, skills, and honesty do.