Having a criminal record can make several aspects of daily life more difficult. From personal relationships to housing or even employment, a criminal history is not an easy burden to bear. It can be hard to get a job as a convicted felon. For skilled legal counsel and advice contact a Red Bluff criminal lawyer today.
Can Being a Convicted Felon Make it Hard to Get a Job?
Perhaps it is somewhat unfair, but having a felony conviction can make it more difficult for individuals to obtain or maintain employment. When an employer runs a background check on applicants they may be dismayed by a criminal history. Although laws have been enacted to prevent discrimination for convicted individuals, people are still prejudiced even if it is subconscious.
Convicted felons may have a hard time finding or maintaining employment for the following reasons.
- They may have to serve a sentence in jail, taking time off or creating a large gap in employment
- The crime may point toward a morality issue that employers have a problem with
- The crime may have been related to the position they held/are seeking
- Some jobs require a clean criminal record to be hired
- Having a felony conviction can make it more difficult to get into college and obtain a degree
Some jobs also require certificates or special licensing. Depending on the crime that was committed the individual may no longer be eligible to obtain or hold the license.
What is the Fair Chance Act?
California state law enacted the Fair Chance Act in 2018. Sometimes referred to as the Ban the Box law, it is a law that prohibits employers with 5 or more employees from inquiring about an applicant’s criminal history prior to making them an offer for the role.
This law reduces barriers to employment for individuals with felony convictions on their record. Because of this act, employers cannot do the following.
Include on a job application any questions about conviction history
Ask about or consider your criminal history before a conditional job offer has been made
Consider information about arrests that did not lead to a conviction, convictions that were dismissed, sealed, or eradicated, or participation in diversion programs
Employers will evaluate a candidate on their past work experience, skill set, and qualifications for the job. Their opinion will not be swayed, whether knowingly or unknowingly, by any information related to a criminal history. Only after conditionally offering the role can the employer run a background check or inquire about the applicant’s criminal record.
This act has proven to result in more fair assessments of all applicants and give convicted felons a better chance at procuring employment.
It is important to note that certain jobs are exempt from this act as they may legally be required to screen applicants for criminal history. Speak to an experienced attorney for more information and skilled assistance.
