When applying for a new job, being asked for your criminal history by an employer can be scary or uncertain. Understanding your rights and the laws regarding background checks when applying for a job is essential to handling your hiring process best. In this blog, we explain what you need to know about handling your criminal history when looking for a job.
The Laws That Protect You
The “Ban-the-Box” Law
Many states have adopted this law prohibiting employers from asking about criminal history in the early stages of a job application. These laws protect candidates from discrimination and give them a fair chance to be evaluated for their qualifications before their criminal history is considered. According to the National Labor Law Project (NELP), these regulations vary depending on your state, so it is essential to know the specific rules in California.
Fair Credit Reporting Act:
This states that employers must obtain written consent before conducting a background check. If an employer decides not to hire you based on your record, they must provide you with a copy of the report and a summary of your rights. The Federal Trade Commission (FTC) oversees these regulations to ensure employers comply with laws like this throughout the hiring process.
How can an employer use your criminal record?
Employers are generally allowed to consider criminal records only to the extent that they are relevant to the position you applied for. For example, a conviction for financial fraud may be relevant if you apply for a bank position. The Equal Employment Opportunity Commission (EEOC) regulates how employers must use criminal records in hiring decisions to prevent discrimination against candidates.
Options for Expungement of Your Criminal Records
In some cases, certain criminal records may be able to be sealed or expunged, meaning they will not be accessible to employers who wish to access your criminal records. Expungement laws vary by state, and consulting with an attorney can help you determine if you qualify for one.
Remember that if you are asked about your criminal record, it is critical to be honest and explain your case’s context. Explain the circumstances surrounding the conviction, how you have changed since then, and how you continue to work to improve. Many employers are willing to consider your history, especially if the offense is minor or occurred long ago.
Providing criminal records for a new job can be a delicate matter. However, knowing how to protect yourself will help you navigate this process more confidently.
Remember that if you need legal guidance about your employment and criminal record rights when applying for a job, our attorneys at Lara & Luna APC are here to support you every step of the way.