How to Get a Job With a Criminal Record
Updated:2008/04/28
How to Get a Job With a Criminal Record
Whether you've just been released from a lengthy incarceration or
you had a minor scrape with the law when you were a kid, a criminal
record can be an added source of anxiety in an already stressful
job search. Depending on the severity of your offense(s), your
criminal record
may not affect your employment prospects at all, or it may make
finding a job nearly impossible. Still, you have reason to be
hopeful. While you may face some hurdles, you will eventually be
able to find employment, regardless of your record.
Steps
- Prepare while you are in prison. While serving time take advantage of the
many opportunities to get your G.E.D., start or complete your
college education, or get vocational training. Good preparation is
especially important if you have been away from the outside world
for an extended time, if you have limited job skills and
experience, or if you will not be able to return to your previous
area of employment (for example, if you were a bank teller and were
convicted of theft, you probably will no longer be able to work in
banking).
- Take advantage of education or job training programs that may
be available to you. Government agencies and non-profit
organizations provide a host of opportunities for all job seekers
to get more training or education. The experience and skills you
develop in these programs can make a big difference in the success
of your job search.
There are also such programs targeted specifically to people who
have recently been released from prison. These programs usually
also help you find a job during the program and after
completion.
- Eliminate jobs for which your record will automatically
disqualify you. Your record may automatically disqualify you for
some positions, especially government jobs requiring security
clearances, military jobs, positions with fiduciary responsibility
(e.g., insurance or banking), and jobs working with children. If
you avoid wasting time on jobs you cannot possibly get, you鈥檒l be
able to focus on real opportunities and you鈥檒l be less likely to
get discouraged. Most importantly, though, do your research. Don鈥檛
just assume that your record will disqualify you from a certain
job.
- Be realistic. Honestly evaluating your qualifications is
important for all job seekers. You need to find something that fits
you and your skill level, and if you consistently apply for jobs
for which you don鈥檛 have the right skills, you鈥檒l quickly become
discouraged.
- Start small and work your way up. Understand that when a person
sees your record, he or she may be reluctant to hire you for a
position with a lot of responsibility. That same person, however,
may be more than willing to give you a chance in another (usually
lower-paid) position. In addition, it鈥檚 important to understand
that the biggest obstacle may be the gap in your employment
history, not simply your conviction. If you want to return to your
previous career, it鈥檚 likely that business processes and tools may
have changed substantially since you left your last position, so
you鈥檒l probably need to take a step down to gain more training. Get
your foot in the door, especially with a company or in a field that
can lead to better opportunities in the future.
- Learn about the employment laws in your state and/or country.
In some countries (including the U.S.), employers generally cannot
automatically disqualify you based solely on an arrest or even a
conviction (if the nature of the crime is relevant to the job,
however, they may lawfully base an adverse hiring decision on
this). This is why applications that ask if you鈥檝e been arrested or
convicted of a crime usually have a disclaimer stating that a 鈥測es鈥?answer may not necessarily prevent you from being hired. Know your
rights, and consult an attorney or make an Equal Employment
Opportunity (EEO) complaint if an employer unlawfully discriminates
against you.
- Be honest about your history. It can be tempting to lie when an
application asks if you鈥檝e been arrested or convicted of a crime.
Avoid the temptation: not only is this dishonest, chances are the
lie will be discovered. Most employers now conduct some sort of
background check, and if they find that you have been dishonest on
the application you will almost certainly not be hired. If you鈥檝e
already been hired and the lie is discovered later, you can be
fired for it. In addition, lying on some applications (such as for
military enlistment) is a criminal offense.
- Know what to answer on applications. Some states and countries
now prohibit employers from asking about certain offenses, offenses
that are over a certain number of years old, or arrests that did
not result in a conviction. Your research on employment laws should
help you know what questions you have to answer. In addition, be
sure to answer only the specific question that is asked. For
example, if the application asks if you鈥檝e been convicted of a
crime, you don鈥檛 need to put down an arrest that did not result in
a conviction. If a conviction has been sealed or expunged from your
record, or if you pled guilty to an offense and completed a
pre-trial diversion program (i.e. deferred adjudication) that
resulted in no conviction, you may not need to report these either.
Be aware, however, that when enlisting in the military or certain
federal government positions, you must report all offenses, even
those that have been expunged or sealed.
- Explain your answer if asked about convictions or arrests. Job
applications and interviewers will give you an opportunity to
explain the circumstances behind the offense or alleged offense. Be
sure to take this opportunity if giving more information about the
offense may be helpful.
- Try to get an offense sealed or expunged from your record. Ask
your attorney, public defender, or parole / probation officer
whether you may be able to get the offense removed from your record
so that you can legally and ethically answer 鈥渘o鈥?to conviction
questions.
- Employ yourself. If you鈥檙e willing to
work extra hard and you have marketable skills or abilities you may
be able to make your own opportunities. You could start a yard
maintenance business or provide contract IT services to companies,
for example. You are limited only by your imagination. Think about
what you鈥檙e good at and what you like doing, and go for it. You鈥檒l
probably need to have another job while you鈥檙e getting your
business on its feet, but if your record has you stuck in dead-end
jobs, you might as well take a chance.
- Consider joining the
military. Some people think that the military will take just
about anyone, while some think that you can鈥檛 get in at all with a
criminal record. In the U.S., they鈥檙e both wrong. The military is
selective, but depending on the type and number of offenses and the
length of time since an offense, you may be able to get a waiver
that will allow you to enlist. If you don鈥檛 live in the U.S., your
country鈥檚 military may have more or less stringent policies. Before
you enlist, consider the potential dangers of joining the military,
but also consider the benefits. The military can provide job
training and instill discipline if you have trouble motivating
yourself.
Tips
- Do not get discouraged. You will find work eventually. And
remember, when hunting for a job, batting average isn't important.
All you have to do is to find one decent job. If you get that job
on the 51st try, the 50 previous rejections will not matter.
Remember, also, that the person who won鈥檛 consider anything beyond
your record probably isn't a person you'd want to work for,
anyway.
- One tactic that works surprisingly well--try to delay
disclosing your offense until as far down the interviewing process
as possible. For example, if you have a serious offense on your
record, write "ask" or "will discuss in interview" on the job
application. This way you won't get automatically screened out. The
more people have an opportunity to get to know you, the greater
your chances that they will like you and will consider hiring you
as a person rather than blocking you out based on some preconceived
notion.
- Especially if you鈥檝e been incarcerated, there is nothing more
important than a positive attitude. If you focus on your resentment
of the system and feel upset or cheated by the system, this will
serve to 鈥渒eep you down.鈥?If, however, you focus on the future and
decide that you really want to succeed in the outside world, you
will find that you have a lot of opportunity to get free or
reduced-cost education, training, and career services to help you
on your way.
- Your parole officer (P.O.) may be a great person, or he or she
may be a jerk. Remember that your P.O. can be a great resource in
your job hunt, and even if he or she isn鈥檛 as helpful as you鈥檇
like, it鈥檚 still a whole lot easier to deal with the P.O. a few
times a month than to deal with correctional officers around the
clock.
- Your Criminal Defense Lawyer is also a good reference and a
good person to network with. Often he or she will have friends who
can help you with forcing doors to open for you. They can also be
helpful with job and career advice. Use them.
- Build your resume and get good professional references. Work
hard and conscientiously in just about any position, and you can
build experience and references that will make your criminal record
less important to future employers. If you have to take an
undesirable job, try to keep it in perspective. Do well in whatever
job you take, and get education and training to help you move
on.
- One way to put yourself on target for a job worth winning is to
search for job descriptions from specific jobs you feel qualified
for, from organizations you would like to work for. Review the job
descriptions for the activities and functions of the job. Then
review your background against each activity and function
individually: Specifically assess your education, training, and
work experience related to the jobs needs as you see them. This
will offer you a good start toward reviewing your skills and work
strengths against a typical employers needs. And, you'll be
developing language worth using in your interviews.
Warnings
- Do not resort to illegal activities, no matter how dire your
circumstances are. Work hard and take whatever job is available if
you have to, but don鈥檛 risk getting sent back to prison.
- If you have recently been released from prison, your job hunt
may be particularly difficult, but you cannot afford to get
discouraged. One of the conditions of your parole will likely be
that you find a job. What鈥檚 more, studies show that people who find
full-time employment in the year after release from prison are far
more likely to stay out of prison than those who remain
unemployed.
- One of the saddest things in the world is seeing someone get
sent back to prison on a TPV (Technical Parole Violation). The fact
is that there are a lot of things that other people can do without
raising an eyebrow that will get you sent back. It's not fair, but
it's reality. So, don't cut corners. Don't even get close to
violating your terms of parole or probation. You can get back to
living like a normal human being when you get off paper.
- Unfortunately, some unscrupulous employers try to take
advantage of people with a criminal record (particularly those on
parole or probation). They know that you are likely to need a job
more than most people, and that you may need to fulfill legal
requirements. If an employer unfairly threatens to fire you or
report you to your parole officer in order to get you to work for
less money or to perform sexual favors, for example, you should
report the behavior to your case supervisor.
- Lying to a military recruiter about your criminal history is a
felony鈥攄on鈥檛 do it.