Will I get hired if I have a criminal record?

Employers’ use of criminal record information in making employment decisions is subject to applicable Federal and State laws and regulations (including the FCRA).

The US Equal Employment Opportunity Commission (EEOC) and certain state statutes require that employers evaluate a variety of factors when considering the impact of a criminal record in making their hiring decisions.

Such considerations may include:

  • How recent was the conviction?
  • What was the nature and gravity of the offense, and is it relevant to the job?
  • What are the facts or circumstances surrounding the offense or conduct?
  • How many offenses has the candidate been convicted of?
  • Is there evidence that the candidate performed the same type of work, post-conviction, with the same or a different employer, with no known incidents of criminal conduct?
  • What is the length and consistency of employment history before and after the offense or conduct?
  • Does the candidate have employment or character references and any other information regarding fitness for the particular position?
  • Has the candidate engaged in rehabilitation efforts, such as education/training?
  • Will the position involve working with sensitive populations such as children or the elderly?

You should contact your prospective employer to discuss their adjudication process as it relates to the evaluation of criminal records.