Criminal Charges and Its Effects on Employment
Finding a stable job can become hard when a person has a criminal record. Employers may find it difficult to hire or promote the person because of these charges. Although it is not easy to be in this situation, however, there are certain options that a person may consider. A person with a criminal history has paid the debt to the society and paid the fine, he or she has rights and protections under the law. Given the circumstances, you can get your record expunged in part or entirely.
Here are a few effects of criminal charges as well as the options a person can have while seeking a job after completing the sentence:
Federal law provides certain protections to convicted criminals according to the ability to seek and secure employment. As per employment law, usually, employers are not allowed to exclude all applicants who have criminal records. According to Title VII of the Civil Rights Act of 1964, employers are prohibited to discriminate in hiring employees. As arrest and incarceration ratio is higher for some races than others, the employer can be found guilty of racial discrimination if he or she excludes all the applicants.
The Equal Employment Opportunity Commission (EEOC):
The commission offers guidelines for the employers while hiring and disqualifying the candidates. According to it, the employers must consider the nature and seriousness of the crime, the time period that has passed since the sentence, as well as the nature of the job offered.
Similarly, the Fair Credit Reporting Act (FCRA), also has some guidelines while checking the background of a potential employee with a criminal record. They have to seek written consent of the applicant. Moreover, they have to inform the applicant if he or she has to be disqualified on the basis of the report.
Effects Vary State by State:
Given the use of criminal records and the duties of the employers, few states have laws that favor the employers more whereas some states favor the applicants. In order to know more about these rights and protections, it is advisable to consult an employment attorney. When you have a legal counsel, it will become easier for you to know about your options and will be able to plan a long term and secured employment.
Expungement of the Records:
This means the removal of the arrest or conviction from the records. Expungement is possible but the practice and procedure vary from state to state. In this case, too, an attorney will be able to help you with the process.
As per general practice in most of the states, the expungement process starts by filling an application form. In most cases, the expungement is a complicated and lengthy process and is not guaranteed. Starting the process without legal assistance will leave you with the time and effort wasted with no success.
In case there are good chances of having the records expunged, it can be with extremely hard work. So if you are considering to begin the process of finding employment or expunging your criminal record, it would be wise to consult an attorney.