It can be difficult to find gainful employment in California if you have a criminal record. Unfortunately, most employers actively try to avoid hiring even talented people if they have a past criminal conviction. However, this should not deter you from finding a job even if you do have a criminal record. Discrimination on the basis of a criminal record is not entirely legal.
What Goes Into a Criminal Background Check?
You are probably interested in knowing what is included in a criminal background check. Pre-employment checks generally include looking within an applicant's criminal history. The company carrying out the background screening will also look into the information provided in regards to previous employment and education.
Criminal background checks typically reveal any misdemeanor and felony convictions and arrests. They also reveal history of incarceration and pending criminal cases. However, incarceration history doesn't include sealed juvenile records. Sealed juvenile convictions don't come to light in a standard pre-employment background check.
Criminal histories may have an impact on your credit score if you are applying for a job role in the finance industry. It is important to note that the disclosure of any conviction that is older than 7 years is forbidden in California.
Legal Considerations Granted to Employers
In January 2018, California introduced the “ban the box” legislation. This legislation prohibits employers from inquiring about or discussing an applicant's criminal history before making a formal offer of employment. However, the employer has the right to make a conditional offer of employment. However, you should know that employers are forbidden from denying employment to potential candidates on the basis of previous conviction.
The employer can legally consider the requirements of the job, nature of the convictions, and time passed. The employer can revoke the offer letter if the nature of the conviction impacts job requirements. In some cases, the potential employer may just consider the conviction too recent. The most damaging types of convictions in terms of applying for jobs, are convictions that entail theft or fraud as these types of crimes may speak to one's general degree honesty.
Getting a Job with a Criminal Record
Your criminal history should not stop you from getting the job of your dreams if you are wondering whether you can get a job with a criminal record. It is possible for people with records containing misdemeanors and felonies to attain respected and gainful employment.
In fact, as per a study carried out by the Society for Human Resource Management, it was found that 80% of hiring managers are of the opinion that employees with criminal backgrounds tend to bring more value to the job than those without records.
Also, there was a major licensing reform in California in 2020. People with criminal records now may find it easier to get the jobs they need than they did in the past. You can get a professional license from 37 different licensing agencies even if you have a criminal record. This makes it easy to get the job you want.
As long as you are honest and open about your history, getting a job with a criminal record may not be as difficult as you think.
Expungements, Certificates of Rehabilitation, Factual Finding of Innocence, and Destroying Arrest Records
Here at the Kann California Law Group, we specialize in Expungements, Certificates of Rehabilitation, Petitions for Factual Findings of Innocence, and Destroying and Sealing Arrest Records. Call us to see if your case is eligible for these forms of relief. It could make all the difference in your pursuit of a career.
Talk To a California Criminal Defense Attorney
The lawyers at the Kann California Law Group are here to help you understand your legal rights if you have a history of conviction and are searching for employment. Talk to us at 888-744-7730 or use our online contact form to schedule a free and confidential consultation.