Checking Criminal Records

Since 9/11, Americans have become very security conscious. It is increasingly common for job seekers to find that a prospective employer checks criminal records, as part of the hiring process. Many companies are even conducting background checks on long-time employees. As a result, some people are finding that youthful indiscretions that had been previously overlooked are coming back to haunt them once their criminal records checks are completed.

A company must obtain a prospective employee’s written consent before it can run a check and get criminal record information. Read your application carefully. Often the wording for obtaining consent for a criminal record check is written into the job application, though some companies use a separate consent form. Many states have laws limiting how far back they can check for convictions, or limiting the types of convictions they take into account for business or job-related offenses. Even if your record has been expunged, these types of offenses may still come up in a criminal records search. You may want to check with a lawyer to find out how far into the past an employer can look for arrests or convictions.

A state licensing board also checks criminal records of applicants in many professions. Teachers, health care workers, child or elder-care workers and accountants are examples of the types of people who may be subject to criminal record checks. In this case, the background check will probably be limited to occupation-related offenses. Thus, a conviction for larceny may not create a problem for someone who is applying for a license for massage therapy, but one for prostitution or another sexually related offense would. A criminal record will be especially problematic if you are applying for a license to work with vulnerable persons, such as children, the sick or the elderly.

Whether it is a company checking the background of a prospective employee, or a state licensing board that checks criminal records, a past offense can create problems in obtaining work. If the offense was in the distant past, a clean criminal record in the intervening years can work in your favor. Having your record expunged can also help in gaining employment or a professional license. In either case, if you have had a brush with the law, then you should see a lawyer to find out how your past offenses will affect your being able to find employment.