How Criminal Charges Affect Employment

Facing criminal charges can feel overwhelming, especially considering how it might affect your job prospects. Whether you’re applying for a new position or worried about your current employment, understanding the impact of criminal charges is essential. Let’s break down what you need to know.

Note: Make sure to also check out our How a Criminal Record Can Impact Your Future post while you’re here.

Understanding Criminal Charges and Their Impact on Employment

Criminal charges can cast a long shadow over your professional life. Even if the charges don’t lead to a conviction, their presence on your record can change how employers view you. This section will explore criminal charges and how they can affect your employment status.

Explanation of Criminal Charges

Criminal charges are formal accusations by a government authority alleging that someone has committed a crime. These charges can range from minor infractions to serious felonies, and their severity often dictates how they impact your job prospects.

• Types of Charges: Misdemeanors, felonies, infractions.
• Severity Levels: Minor infractions may carry lesser impacts, while felonies can have severe employment consequences.
• Stages of Charges: Being charged, awaiting trial, conviction, or acquittal — each stage can impact employment differently.

Immediate Effects on Job Prospects

When criminal charges appear, they can affect how potential employers perceive you. Here’s a look at some immediate impacts:

• Negative Perception: Employers may see charges as a sign of unreliability or a potential risk.
• Missed Opportunities: Some employers may only accept your application outright with further consideration.
• License and Certification Issues: Some professions, like healthcare or finance, may restrict licensure for individuals with specific charges.

How Criminal Charges Affect Job Applications

Job hunting is stressful enough, but having criminal charges can add an extra layer of complexity. This section will explore how charges play a role in the job application process, from disclosure requirements to background checks.

Disclosure Requirements

One of the first hurdles is determining when and how to disclose your criminal history.

• Laws on Disclosing Criminal History:
• In some states, you must disclose criminal charges, while others have laws protecting applicants from revealing specific details too early.
• Employer Rights to Inquire About Criminal Records:
• Employers often have the right to ask about your criminal history, but the extent of this right can vary. Some may only be able to inquire about convictions, not charges.

Background Checks

Background checks are a standard step in the hiring process. Employers use them to verify your identity, qualifications, and criminal history.

• Common Types of Background Checks:
  • Criminal history checks: Reveal past charges and convictions.
  • Credit checks: Sometimes used to gauge financial responsibility.
  • Employment history checks: Confirm past job details.
• How Charges Show Up in Background Checks:
• Depending on the state and type of charge, charges can show up even if they did not lead to a conviction. Some charges might fall off after a certain period, but others remain permanently.

Application Rejections

Criminal charges can be a significant factor in why applications are rejected. Understanding these reasons can help you better prepare.

• Common Reasons for Rejection:
  • Charges seen as a risk to company reputation.
  • Concerns about trustworthiness, especially in roles handling sensitive information or money.
  • Company policies that automatically disqualify candidates with specific charges.
• Employers’ Perception of Criminal Charges:
  • Charges related to theft or fraud are often viewed as red flags.
  • Violent charges can raise safety concerns.
  • Drug-related charges might affect positions requiring sobriety.

This approach helps job seekers understand the implications and guides them on navigating applications in a way that puts their best foot forward.

Criminal Charges and Current Employment

Criminal charges don’t just affect job seekers; they can also impact those already employed. New criminal charges can create uncertainty even if you’ve been with a company for years. Let’s explore how charges can affect your current job and what you can expect.

Employer Policies on Criminal Conduct

Every company has its own policies regarding employee behavior, especially criminal conduct. Knowing where your employer stands is essential.

• Company Policies on Criminal Charges:
• Many employers have guidelines for handling criminal charges against employees. Some may have a zero-tolerance policy, while others may consider the nature and timing of the charges.
• Employment Contracts and Clauses About Criminal Behavior:
• Your employment contract may include specific clauses regarding criminal activity. These clauses often allow the employer to take disciplinary action, including termination, if you’re charged with a crime.
• Mandatory Reporting Requirements:
• Some jobs, especially those in regulated industries like finance or healthcare, require employees to report criminal charges immediately. Failure to do so can result in termination.

Consequences of New Charges While Employed

Facing new charges while employed can lead to a range of consequences, depending on your employer’s policies and the severity of the charges.

• Suspension or Termination Risks:
• Employers may significantly suspend you while reviewing the charges if they directly impact your role. Sometimes, termination may be immediate, especially if the charges conflict with company values or policies.
• Impact on Professional Reputation:
• Criminal charges can damage your reputation within the workplace. Colleagues may view you differently, and your career growth could stall.
• Licensing and Certification Issues:
• Criminal charges can trigger a review of your eligibility to hold a professional license for roles that require a professional license. This can lead to suspension or loss of licensure, impacting your ability to continue working in your field.

Types of Criminal Charges and Their Specific Employment Impacts

Not all criminal charges are viewed the same way by employers. The type of charge can significantly affect your employment prospects. Here’s a closer look at how different charges can impact your job search or current role.

Misdemeanors vs. Felonies

Understanding the difference between misdemeanors and felonies is critical to assessing the impact on employment.

• Misdemeanors:
• Misdemeanors are less severe offenses like petty theft, disorderly conduct, or minor drug possession. While these charges are less severe, they can still raise concerns, especially if they are recent or directly related to the job.
• Felonies:
• Felonies are serious crimes like assault, robbery, or fraud. These charges are often viewed as major red flags. Felony charges can severely limit job opportunities, especially in industries requiring high trust or public interaction.
• Employment Implications:
  • Misdemeanors: These may still allow for employment opportunities but can affect roles with strict conduct standards.
  • Felonies Often lead to disqualification from many roles, particularly those in sensitive fields like education or finance.

Drug-Related Offenses

Drug-related charges can be particularly problematic for job seekers and employees, especially in industries with strict drug policies.

• How Drug Charges Affect Job Prospects:
• Drug charges, even for minor offenses, can make employers question your reliability. Jobs that require drug testing or involve handling sensitive information may be off-limits.
• Industries Sensitive to Drug Offenses:
  • Healthcare: Medical facilities have zero-tolerance policies.
  • Transportation: Driving or operating heavy machinery jobs often disqualify candidates with drug charges.
  • Public Safety: Law enforcement and security roles typically have stringent drug policies.

Theft, Fraud, and Financial Crimes

Charges related to theft, fraud, or other financial crimes are especially damaging when applying for jobs that require trust and economic responsibility.

• Impact on Trust-Based Roles:
• Employers are often unwilling to hire someone with a history of financial crimes for roles involving cash handling, bookkeeping, or access to sensitive financial data.
• Challenges in Finance or Accounting:
• These fields are particularly cautious, often conducting deep background checks that flag any relevant criminal charges.

Violent Offenses

Violent offenses carry significant weight in hiring decisions, often leading to outright rejection for roles that involve customer interaction or security.

• Impact on Public-Facing Roles:
• Violent charges raise safety concerns for positions that involve working with the public, such as retail, hospitality, or healthcare.
• Jobs Requiring Security Clearance:
• Roles that require background checks for security clearances, such as government positions or sensitive corporate roles, are likely to be out of reach for individuals with violent charges.

Industries Most Affected by Criminal Charges

Not all industries treat criminal charges the same way. Some are stricter due to the nature of the work, regulations, or public safety concerns. Let’s explore which industries are most impacted by criminal charges and why.

Healthcare

Healthcare jobs often involve working with vulnerable populations, handling sensitive information, and maintaining trust. As a result, this industry has some of the strictest rules regarding criminal charges.

• Licensing Issues and Restrictions:
• Many healthcare roles, from nurses to medical assistants, require state licenses. A criminal charge can lead to license denial, suspension, or revocation.
• Patient Safety Concerns:
• Charges, especially those involving violence or drugs, can raise red flags. Employers prioritize patient safety and often won’t risk hiring someone with a questionable background.
• Background Checks for Healthcare Workers:
• Healthcare employers typically run extensive background checks, sometimes including fingerprinting and drug testing. Charges that might be overlooked elsewhere are scrutinized heavily in this field.

Education

Working in education means being around children or young adults, which comes with high standards of conduct. Schools and educational institutions prioritize safety, making securing employment challenging for individuals with criminal records.

• Background Checks and Working with Minors:
• Schools are required by law to perform background checks on all staff. Charges involving violence, drug use, or crimes against minors can disqualify you immediately.
• Licensing and Certification Issues:
• Teachers and other educational staff often need certifications or state licenses. Criminal charges can result in denial or revocation, making it impossible to work in the field.
• Trust and Safety Concerns:
• Even minor charges can raise concerns in educational settings. The priority is always on maintaining a safe environment for students.

Finance and Banking

The finance industry handles sensitive financial data and large sums of money, prioritizing trust. This sector often imposes strict regulations on employees, particularly those in roles related to accounting, banking, or investment.

• Regulatory and Fiduciary Responsibilities:
• Financial institutions are heavily regulated, and employees must often pass stringent background checks. Charges related to fraud, theft, or financial misconduct are usually deal-breakers.
• Impact on Hiring for Financial Roles:
• Roles like accountants, auditors, and investment advisors face intense scrutiny. Even misdemeanors can jeopardize job prospects.
• Risk of Losing Certifications:
• Certifications such as CPA or CFA can be at risk if criminal charges arise, affecting current employment and future career opportunities.

Government Jobs

Government positions, especially those with security clearances or public-facing roles, are highly selective regarding criminal history. The stakes are high, and even minor charges can be a barrier.

• Security Clearances and Disqualification:
• Jobs that require access to sensitive information or classified material often involve extensive background checks. Charges involving dishonesty, violence, or drugs can disqualify candidates.
• Public Trust and Accountability:
• Government employees are held to high standards because they serve the public. Charges that question integrity or reliability can end career opportunities in this sector.
• Employment Restrictions Based on Charges:
• Some government roles have legal restrictions on hiring individuals with specific charges, particularly in law enforcement or regulatory bodies.

Legal Protections and Rights for Job Seekers with Criminal Records

Knowing your rights is essential if you have a criminal record. Laws and policies are designed to help people with criminal records find work. Here’s what you need to know about legal protections that could help you.

Ban-the-Box Laws

“Ban-the-Box” laws aim to give applicants with criminal records a fair chance by removing the criminal history question from initial job applications. These laws delay background checks until later in the hiring process.

• Overview of Ban-the-Box Legislation:
• These laws prevent employers from asking about criminal records on job applications. The goal is to ensure candidates are judged first on their skills and qualifications.
• States and Cities with Ban-the-Box Laws:
• Many states and cities across the U.S. have adopted Ban-the-Box policies. Some apply to public employers only, while others extend to private companies.
• Impact on Job Seekers:
• These laws don’t erase your criminal history but give you a better chance to make a good first impression before your background comes into play.

Fair Chance Hiring Policies

Fair Chance Hiring goes beyond Ban-the-Box, promoting the consideration of candidates with criminal records based on their merits.

• Explanation of Fair Chance Hiring Initiatives:
• These policies encourage employers to evaluate job applicants as individuals, considering factors like the nature of the offense, how much time has passed, and evidence of rehabilitation.
• Employer Obligations Under These Policies:
• Employers are encouraged and sometimes required, to consider criminal history only after making a conditional job offer. This ensures that the decision-making process is fairer.
• Benefits for Job Seekers:
• Fair Chance Hiring can lead to more interviews and job offers. Employers who follow these policies may be more open to giving you a second chance.

How to Improve Employment Prospects After Criminal Charges

It’s not easy, but you can improve your job prospects even with a criminal record. Here are some steps to boost your chances of finding meaningful employment.

Sealing or Expunging Records

Sealing or expunging your criminal records can significantly improve employment opportunities by removing or limiting access to your charges.

• Eligibility for Expungement or Sealing of Records:
• Eligibility varies by state and depends on the nature of your charges. Non-violent and minor offenses are more likely to qualify.
• How to Start the Process:
• Seek legal advice to understand your options. The process usually involves filing a petition, which can take some time, but the benefits are often worth it.
• Benefits of Sealing Records:
• Once sealed, your charges won’t appear on most background checks, opening up more job opportunities.

Getting Professional Help

Sometimes, navigating employment with a criminal record requires professional assistance. Feel free to seek help from those who specialize in this area.

• Role of Legal Counsel in Navigating Employment Issues:
• An attorney can help you understand your rights, assist with record sealing, and provide advice tailored to your situation.
• Importance of Employment-Focused Legal Advice:
• Legal professionals can guide you through potential employment barriers and advocate if issues arise.

Honesty and Rehabilitation Efforts

Being honest about your past and showing genuine efforts toward rehabilitation can significantly affect how employers view you.

• Importance of Honesty on Applications:
• If asked, always be truthful about your criminal history. Misrepresentation can lead to automatic disqualification or termination if discovered later.
• Showcasing Rehabilitation and Personal Growth:
• Highlight positive changes since your charges, like completing rehabilitation programs, earning certifications, or engaging in community service. These efforts can demonstrate your commitment to moving forward.