How to Communicate Criminal History to Potential Employer

If you have a criminal past, you have likely encountered difficulties re-entering the workforce or obtaining a professional position. A career change or job search with a conviction can be challenging. However, many find success! They can and do enter the legal field, despite the limitations a criminal record presents.

Any part of a candidate’s background that violates accepted social standards or involves dishonesty, fraud, deceit, or violence may impact interviewing and hiring decisions. Law firms typically refrain from reviewing or selecting candidates with a misdemeanor or felony conviction for drugs, assault, theft, burglary, trespass, and any offenses involving weapons. These are considered crimes of “moral turpitude.” Moral turpitude crimes disqualify a person from obtaining a Notary Commission in many states, and notary licensing laws disallow felons. Associations and organizations (including those that are not legal) may also deny testing, membership, and affiliation for applicants with a criminal background. However, there are opportunities in the legal field that do not require a designation or organizational membership. It will be important to explore possible restrictions in licensure and certification as you move forward in your professional career and educational pursuits. If you have a crime on your record, research the laws and regulations in your state so that you fully understand any job, designation, or membership restrictions.

Most entities will consider 5 aspects before making a final decision to disqualify a candidate from hire or membership:

1. applicant’s age at time of offense
2. elapsed time since conviction
3. nature and type of offense
4. relevance of crime to position
5. evidence of positive change

Don’t be afraid to discuss your background, employment history, education, job training programs, community support, and other relevant rehabilitative efforts. You may be asked for more detailed information, so be prepared to explain your circumstances. Answer honestly when directly asked about any past transgressions. This will support your credibility and character. There may be employers who will overlook a criminal record, when legally possible, to hire the right person. A long string of convictions in the look-back period could be viewed as negative factors in the context of decision-making. On the other hand, youthful offender adjudications, first offender offenses, and offenses older than 7 years are often mitigating factors, as they do not reflect an ongoing pattern of illegal behavior.

School transcripts, certificates from job training, proof of employment or volunteer/service work, and letters of recommendation can be submitted to reinforce positive change, community engagement, and commitment to personal and professional growth. How you communicate your past makes a difference, too. Demonstrate a mature perspective, insight into your behavior and attitudes, and evidence of rehabilitation. No one wants to become entangled in the criminal justice system, but nearly everyone who does generally learns a great deal from the experience.

When communicating a conviction to an employer incorporate the following:

• Display a positive image and project confidence as a worthwhile candidate and asset.
• Communicate information that highlights your skills and match these to the abilities the employer needs.
• Offer a brief explanation of your crime, including only the necessary details.
• Take responsibility for your actions and acknowledge poor choices; do not make excuses or offer justifications.
• Discuss positive things you have done to overcome the legal issue and actions you continue to take to remain productive.
• Tell the employer what your experience has taught you – social skills, conflict resolution, communication, respect for authority, living responsibly, conformity to regulations, ability to take direction and turn it into action, goal setting, etc.
• Confirm any third-party support.