If you have a criminal record and you’re struggling to find work in Reading, Lebanon, or Lancaster, you’re not alone. Having a criminal history can feel like carrying an invisible burden that follows you into every job interview and application. It’s frustrating to be qualified for a job yet passed over due to past mistakes, especially when you’re working hard to rebuild your life and support your family.
The reality is that having a criminal record affects far more people than most realize. Facing employment challenges due to past decisions is a common experience for many. Understanding how criminal records affect employment can help you navigate these challenges more effectively and know your rights in the job search process.
How a Criminal Record Limits Your Employment Opportunities
Having a criminal record doesn’t just limit your job options—it can affect your entire approach to job searching. Many people with criminal histories report feeling discouraged before they even start applying, knowing that background checks are standard practice for most employers.
Background Checks Are the Norm: Most organizations perform criminal background checks on job candidates. This widespread practice means that your criminal history will likely come up during the hiring process, regardless of how long ago the offense occurred or whether it’s relevant to the job you’re seeking.
Some Industries Have Stricter Policies: Certain fields have particularly strict policies when it comes to hiring individuals with criminal records. These include:
- Healthcare and medical fields
- Financial services and banking
- Education and childcare
- Government positions
- Security and law enforcement
If your career background is in one of these fields, you may need to consider transitioning to industries with more flexible hiring practices, at least initially.
The Emotional Impact of Job Searching: Beyond the practical barriers, job searching with a criminal record can take a significant emotional toll. The constant fear of rejection, the stress of deciding when and how to disclose your history, and the feeling that your past defines your future can all contribute to decreased self-confidence and motivation.
Many people find themselves applying for jobs they’re overqualified for, thinking they have a better chance. Others avoid applying altogether because they assume they’ll be rejected. This can lead to underemployment or long periods of unemployment, which only compounds the financial stress many families are already facing.
How to Protect Your Rights During the Job Search with a Criminal Record
While having a criminal record presents challenges, you do have legal protections that can help level the playing field. Understanding these rights is crucial for navigating the job search process effectively.
Fair Chance Laws Give You a Head Start: Many states, including Pennsylvania, have implemented “Fair Chance” or “Ban the Box” laws. These laws generally prohibit employers from asking about criminal history on initial job applications. The idea is to give candidates a chance to be evaluated on their qualifications before their criminal history becomes a factor.
Under these laws, employers typically cannot ask about your criminal background until later in the hiring process. Often, they can’t ask until after they’ve made a conditional job offer. This gives you the opportunity to make a positive impression based on your skills and experience before your past becomes part of the conversation.
Federal Guidelines Protect Against Unfair Treatment: The Equal Employment Opportunity Commission (EEOC) has established guidelines that employers should follow when considering criminal history in hiring decisions. These guidelines require employers to consider three key factors:
- The nature and severity of the offense— minor offense should carry less weight than a serious crime
- How much time has passed—older offenses should be given less consideration than recent ones
- Whether the offense is relevant to the job—financial crime might be relevant for a banking position but not for a construction job
While these guidelines don’t guarantee you’ll get hired, they do provide a framework that encourages employers to make individualized assessments rather than blanket exclusions.
You Have the Right to Accurate Information: If an employer decides not to hire you based on information in a background check, they’re required to provide you with a copy of the report. They must also give you information about your rights to dispute any inaccuracies. Background check companies sometimes make mistakes, and you have the right to correct any errors that might be hurting your job prospects.
What Employers See When They Run Background Checks
Understanding what employers see when they run background checks can help you prepare for conversations about your criminal history.
What Typically Shows Up: The scope of background checks varies depending on the employer and the position. Some checks only look at recent history within the state, while others search national databases going back many years. Common elements include:
- Felony and misdemeanor convictions
- Pending criminal cases
- Sex offender registry status
- Driving records (for positions involving driving)
What Usually Doesn’t Appear
- Arrests that didn’t lead to convictions
- Sealed or expunged records
- Juvenile records (in most cases)
- Cases where you completed a diversion program successfully
Factors That Determine How Thorough the Check Is: Several factors influence the depth of background screening:
Type of position: Jobs involving money, vulnerable populations, or security clearances typically require more comprehensive checks.
Company size: Larger companies often have standardized processes that include thorough background screening.
Industry regulations: Some fields are required by law to conduct specific types of background checks.
State laws: Different states have different rules about what can be included in background checks and how far back they can go.
Practical Strategies for Finding Employment
While you can’t change your past, you can control how you approach your job search and present yourself to potential employers.
Research Employers Before Applying: Before applying, try to learn about a company’s hiring policies regarding criminal records. Some employers are more open to hiring individuals with criminal histories than others. Look for companies that:
- Publicly state they provide second chances
- Have diversity and inclusion initiatives
- Are “Fair Chance” employers
- Work with reentry programs
Prepare to Discuss Your History Honestly: If asked about your criminal history, be honest but strategic in how you discuss it.
- Take responsibility for your actions without making excuses.
- Focus on what you’ve learned and how you’ve changed.
- Highlight any rehabilitation efforts, education, or community service you’ve completed.
- Redirect the conversation to your qualifications and enthusiasm for the position.
Consider Alternative Employment Paths: While you’re working toward your ideal job, consider these options that may be more accessible:
- Temporary employment agencies that work with individuals with criminal records
- Small, local businesses that may be more flexible in their hiring practices
- Trade positions where skills matter more than background checks
- Entrepreneurship or freelance work where you control the hiring decisions
Leverage Personal Connections: Personal connections can sometimes help you get past initial screening processes. Let friends, family members, and former colleagues know you’re job searching. Personal referrals carry weight with employers and can help them see you as a whole person rather than just a criminal record.
Related Article: Can Criminal Charges be Dropped Before Trial
Legal Options That Can Improve Your Employment Prospects
You don’t have to navigate this challenging process alone. There are legal options available to help you improve your employment prospects and address issues related to your criminal record.
Expungement Can Clear Your Record: Depending on the nature of your offense and how much time has passed, you may be eligible to have your record expunged or sealed. This process can remove or limit access to your criminal record, significantly improving your employment prospects.
Expungement processes vary by state and offense. Generally, it includes:
- Filing a petition with the court
- Paying applicable fees
- Attending a hearing (in some cases)
- Waiting for the court’s decision
Not everyone is eligible for expungement, and the process can be complex. Having an experienced attorney guide you through this process can significantly improve your chances of success.
Employment Support Services Are Available: Many communities have organizations specifically designed to help individuals with criminal records find employment. These services may include:
- Resume writing assistance
- Interview coaching
- Job placement programs
- Skills training and education programs
- Connections with employers who hire individuals with criminal records
Legal Help for Discrimination Issues: If you believe you’ve been discriminated against because of your criminal record, or if you need help with expungement, consulting with an attorney who understands these issues can be invaluable. An experienced lawyer can help you understand your rights, navigate the legal system, and take action to improve your situation.
Your Criminal Record Doesn’t Have to Define Your Future
Having a criminal record creates challenges, but it doesn’t have to define the rest of your life. Many people with criminal histories go on to build successful careers and stable lives for their families. Legal options like expungement, understanding your hiring rights, and addressing discrimination can make a real difference in your job prospects—but these opportunities often have time limits or specific requirements that make early action important.
At Bentley, Kopecki, Smith, P.C., we understand how important stable employment is for rebuilding your life and supporting your family. We’re here to help you explore your legal options and take concrete steps toward a better future. Contact us at (610) 685-8000 for a free half-hour initial consultation to discuss how we can help you move forward with confidence.