If you are facing conviction or have already been convicted, you might wonder how that event will impact your future career prospects. No matter how significant a conviction may be, each person will have to move forward and continue with his or her life after all is said and done.
Unfortunately, a conviction can have some significant effects on your ability to get hired for some jobs. To get all of the details on this, it is important to discuss the matter with a highly qualified lawyer who specializes in this area.
People with a record of conviction may run into a number of difficulties, some of them allowable under the law, others clearly or subtly illegal. Although the law provides for some leeway for employers in some cases, certain behaviors can cross the line into discrimination.
Employers May Use Criminal Background Checks As Part Of Their Hiring Process
Employers, particularly those hiring for positions that involve handling money or contact with the public, may use criminal background checks as part of their hiring process. Only if the nature of a conviction “bears a direct relationship” to the job at issue can it be used as a “determinative factor” in deciding whether or not to employ someone.
Time Since The Offense And Age During The Offense Must Be Considered
If a conviction took place years ago or was the result of youthful indiscretions, employers are expected to take this into account. Employers should make a good faith effort to determine, on the basis of the facts available and provided by the prospective employee, whether or not the conviction should be used as a determinative factor.
Potential Employees Have The Right To Submit Information Related To Rehabilitation
While it is typically in a prospective employee’s best interest to be forthcoming about a prior conviction, he or she also has the right to submit ancillary documentation that demonstrates rehabilitation or good conduct since the conviction. Be creative in finding items that show your commitment to the law and your community.
A conviction cannot and should not bar you from participating fully in society, including full employment. Employers who are not careful may cross the line between prudence and discrimination. If you are concerned about the way you have been treated by a potential employer after information on a conviction came to light, reach out to the Law Offices of Naiburg, Obedin and Weissman.