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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 ultimately harm others. However, the laws vary widely from state to state 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. If you have a criminal record and seek a job, it is in your best interest to consult with an
attorney knowledgeable in criminal law and employment law so that you go into the job search fully informed of your
rights and restrictions.
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 re-offend, but a
person with a criminal record faces prejudice in the job application process. Still, hiring someone with a criminal
past can be compassionate and smart.
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 and people convicted
of serious property crimes should not have access to homes or apartments, nor should they be responsible for large
amounts of cash. An employer has a legal duty to exercise due diligence in the hiring process and that duty is breached
if it hires someone that it knows or should have known was dangerous.
Discrimination
Courts have found that a policy of automatically denying employment because of past criminal conviction can result in
discrimination against members of certain ethnic groups who have historically been treated unfairly and
disproportionately by the criminal justice system. To avoid such potential discrimination, an employer must examine
whether there is a sound business or legal reason not to hire an individual with a criminal record, taking into account
the nature of the offense, whether it is job related, when it occurred and what the person has done with his or her life
since the time of the conviction.
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 offense. A criminal-defense attorney can help determine whether you may be eligible to get a
conviction sealed, expunged or otherwise legally minimized.
Tips for Workplace Re-entry
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Be honest. Employers are interested in employees they can trust and almost all information on a job application
can be verified. Even if it may close the door to certain positions, telling the truth is the best way to get a job
that the applicant can keep over the long haul. Remember, in some states not all convictions must be revealed nor
can potential employers ask for certain information.
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Start the job search with family, friends and acquaintances who may be more likely to take chances on hiring
someone they know, despite a criminal record. |
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Do not expect the first job after a conviction to be your ideal job. It is more important to get started
somewhere and create a track record, since employers know that the best indicator of future job performance is
past job performance. Consider temporary or entry-level positions to build your resume.
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Understand where the employer is coming from. It has to balance its legal and ethical obligations to you, to
its employees and to the public. |
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Investigate employment services. Most states have public agencies that administer programs to help people find
employment, sometimes specifically designed for those with criminal histories.
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Refrain from alcohol and drug use. Some employers require employee drug testing.
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Consider the nature of your past offense. Apply for jobs where that kind of offense is less likely to be an
issue of concern. |
Conclusion
Completing a prison term or paying a fine can be just part of the price of a criminal conviction. It can also impact
post-conviction employment opportunities, but some employers are willing to give those with criminal records chances in
appropriate circumstances. One job - any job - can be the first step toward rebuilding a career and a life.
The Gilbert G. Garcia Law Firm can talk to you about various options and offer advice on planning for the future.
Benefits of Choosing The Gilbert G. Garcia Law Firm
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You will be represented by a lawyer with over 32
years of experience |
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Committed to effective criminal defense and post-conviction work |
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Personalized payments plans available and all major credit cards accepted |
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If you lose your job while your case is pending, you owe nothing more! |
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Fastest possible results |
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We serve ALL of Texas |
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We will write letters to potential employers explaining your case – At no additional charge! |
The Gilbert G. Garcia Law Firm is the Right Choice!
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32 years of Legal Experience |
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Certified by the Texas Board of Legal Specialization in Criminal Law for 20 years |
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Protect your Rights and make sure you are treated Fairly |
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Serving the citizens of Texas from the same location since 1983
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Free initial consultations and reasonable fees. Personal
payment plans available and most major credit cards accepted. Many
issues are able to be handled via e-mail, phone calls and fax and after
hours and weekend appointments are available upon request to meet the
needs of each client.
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