Comments on: How to Fairly Hire Applicants With Criminal Records

By: Kimberly

Kimberly — Sat, 03 Mar 2012 19:24:41 +0000

My husband has been refused a job more than once based on his background check. He had an incident 13 years ago where he was charged with aggravated assault for a road rage incident but was only convicted of misdemeanor discharge of a firearm (his friend was passenger and fired a weapon into the air to scare off the other driver). My husband has gotten through a few lengthy interview processes and then got dumped after the background check. It really sucks. And the most disturbing part is that the background checks didn’t just show what he was convicted of, it showed all the charges too. That is very unfair. I live in AZ. People should only be able to see what you were convicted of in a court of law, not what you were charged with.

By: Lewis Maltby

Lewis Maltby — Wed, 12 Oct 2011 15:44:16 +0000

Terri:

This is a tricky problem for employers. If the employer refuses to hire because of an arrest for which the person was not convicted, it may be a violation of civil rights laws. But employers have been found liable for negligent hiring where the applicant had no convictions but the employer had information indicating that the applicant should be disqualified.

One good step is to look into the case. In an aggravated assault case, is the prosecutor claiming the applicant stabbed someone or took a swing at someone in a heated argument? If it’s the latter, even if the applicant is guilty it may not be a disqualification.

If the charges are serious and job related, the best thing to do may be to wait until the case is resolved before making the hiring decision.

By: Robert

Robert — Mon, 03 Oct 2011 18:09:05 +0000

In 1998 I was arrested and charged with CSC 1 degree. The case was dismissed with prejudice before trial. THe judge has sealed the case and ordered expungement of the record. But the State Police refused to erase the arrest and it is still in the FBI files because 8 years later the State passed a law which prohibits CSC charges to be expunged.
WHAT A MESS THIS HAS MADE FOR ME IN GETTING JOB INTERVIEWS. Any suggestions would be helpful. Thank You

By: Terri

Terri — Tue, 27 Sep 2011 17:18:34 +0000

What are the legal ramifications to the employer, if he fires someone after knowledge of an alleged crime? In other words, the employee was charged with a crime, but it has not been finalized.

By: marcia

marcia — Sat, 24 Sep 2011 23:27:12 +0000

My son is oresently serving time for his first crime. He is 35, a college grad with 3 children. He unfortunately hit a guy, once, who was harrassing him and his younger brother. The guy fell, and ruptured a disk in his neck and had surgery.He already had back problems. His family has been turned upside down, his children severly effected, and his future unsure. For a person with a record to be able to carry on and be employed, after the sentence is served, is vital to the healing.

By: Frank

Frank — Fri, 16 Sep 2011 10:51:19 +0000

Sounds like most comments and thoughts are around a certain worldview. I have worked with Citizens returning from prisons. The truth is after 7 years the recidivism rate drops dramatically. People make mistakes. People are capable of changing. Limiting the time to 7 years for looking at records will open up opportunity for returning Citizens no matter what the crime. True this adds 7 years to to a sentence after a Citizen returns, but it is better than locking Citizens out of society by denying them employment for life.

By: Lazone Grays

Lazone Grays — Thu, 15 Sep 2011 15:51:02 +0000

I know it’s a tough road ahead for those with prior felony convictions. Unfortunately, there is a job market where companies just don’t want to take the ‘risk’ of giving someone a second chance.

One thing I would like those in this dilemma to think about. Going into business. Few times have the question came up when bidding for a contract. Downsizing leads to more outsourcing and identifying a niche is emotionally rewarding and financially enriching when done right.

There is a need for ex-felons to start businesses, grow them to scale and reach back to hire those whom they have something in common.

Workforce center are good places to visit frequently to seek employment and when you visit one, ask to register for federally-funded workforce training under the Workforce Investment Act. Get free training with support services included. If you don’t ask; they won’t tell. In most cases they are conditioned to think everyone must have a job when many are truly cutout for self-employment.

By: Willis Pullen III

Willis Pullen III — Tue, 13 Sep 2011 23:26:23 +0000

I didn’t go to court in 2005 after being told to be there in 2004, I didn’t remember after almost a year and not getting anything in the mail. Well, I thought my car was stolen, I called the police they ran my License and realized I had a warrant, which I didn’t know about. Well, I get to court and find this out and they called it contempt of court, I was given a 5yr probation sentence was I thought was a bit harsh. I finished it in June of this year but its still on my record. Relating to Child Support case. Also Judge made it 3rd degree Felony……and did 35 days in Jail.

By: Susan Wurth

Susan Wurth — Tue, 13 Sep 2011 23:23:07 +0000

Thank you for this article. I work with young people ages 16 -21 to facilitate their education and workplace skills leading to employment. They all have criminal backgrounds. In addition to that barrier, they must meet poverty level income requirements to participate in this program.
Some have juvenile charges that may not keep them from being employed but we’re never sure what will show up on a background check that can eliminate them. Those with adult charges (many are not yet eighteen) are often turned away by employers who refuse to consider their convictions, particularly felonies. And, this will be their future.
So, we have intelligent motivated youth who continue to be rejected for employment and need to work to support themselves and possibly their children. They are completely barred from some professions. The courts, probation and parole officers tell them they must be employed. They are too young to have any distance from their crimes and no chance to gain any experience. So much for rehabilitation. I hope more employers will look at this matrix idea and try it out.

By: Brook Henderson

Brook Henderson — Tue, 13 Sep 2011 23:22:53 +0000

Thank you so much for publishing this in a public forum. My company, Freely Working, LLC, only uses ex-felons as workers. I believe with all my heart that work is healing for those who have been shut away for long periods of time. Next to sobriety and family, work is an important component of successful reentry.

Brook Henderson, CEO
Freely Working, LLC
Colorado Springs, CO