How to conduct a job search with a criminal record

Original Article

04/27/2012

By Debra Auerbach

Seventy-three percent of human resources professionals said their company, or an agency hired by their company, conducted criminal background checks for all job candidates, according to a 2010 survey by the Society for Human Resource Management. That you may undergo a background check upon applying for a job isn’t noteworthy, but for job seekers with a criminal record it can feel like an inevitable uphill battle.

“While persons with a criminal record cannot be discriminated against, they may be prohibited from working in some industries such as health care and financial services,” says Bruce Hurwitz, president and CEO of Hurwitz Strategic Staffing. “Except in rare cases, employers will want to do a background check on the candidate.”

Yet not all hope is lost. Because you know a background check is likely coming, you can take steps to prove to hiring managers that you are an upstanding member of society. Ultimately, employers want to know you have the skills necessary to succeed in the civilian workforce. Here are some ways to do so:

Look into getting your criminal record expunged

Depending on the type of crime committed, it may be possible to get your criminal record expunged, or sealed. While this doesn’t mean your record is erased, it does limit who can access it. Consult a legal professional about your options or visit your state government’s website for more information. The website eHow.com provides additional information on how this can be done.

Know everything about your conviction

Donna Ballman, a Florida-based employment attorney and author of “Stand Up For Yourself Without Getting Fired,” says it’s important to know exactly what you’ve been convicted of and whether the record was expunged. “Lots of people have no idea [about] the actual charges that they were convicted of,” Ballman says. “It makes a difference. If you don’t care enough about your criminal record to explain the details, employers may assume you think committing crimes is OK.”

Explore volunteer opportunities

“If people want to shake the stigma of a questionable past, they need to find at least two civic organizations to volunteer at so they have solid references behind their applications,” says David Perry, co-author of “Guerrilla Marketing for Job Hunters 3.0.” “Six to 18 months of volunteer work — and I do mean sincere volunteer work — will go a long way in getting a usable reference.”

Consider the type of company to which you’re applying

Depending on the type, size or management style of a company, it may or may not conduct a criminal background check or be more lenient in accepting applicants with a criminal past. “Most applications ask whether you have been arrested or convicted of a crime,” says Mary Greenwood, attorney, human resources director and author of “How to Interview Like a Pro.” “Some will say felony so that conviction of a misdemeanor might be allowed.”

John Millikin, clinical professor of management at Arizona State University’s W.P. Carey School of Business, adds, “For a convicted felon, it may be better to look for something in small business, where you may have an opportunity to explain what happened directly to the owner.”

Participate in a re-entry program

Programs are available to help job seekers with a criminal record re-enter society and secure employment. One such initiative is the Prison Entrepreneurship Program, a Houston-based nonprofit whose mission is to “stimulate positive life transformation for executives and inmates, uniting them through entrepreneurial passion, education and mentoring.” According to Jeremy Gregg, the organization’s chief development officer, their “entrepreneurship boot camp” connects convicted felons with top executives, MBA students and politicians, and provides education, training and support. This is just one example; search the Web for local organizations that offer similar services.

Be honest

Perhaps the best piece of advice? Be honest. It’s true for all job seekers, whether you’re talking about work history, references or past salaries. It’s especially true for job seekers with a record. “If you fail to disclose a criminal record when asked, and you aren’t allowed to say it didn’t happen — as with an expunction — then the employer can fire you for failing to disclose it, even if you’ve worked there for years with no problems,” Ballman says.

Adds Millikin: “A job seeker with a felony record who has ‘paid his or her debt’ should be transparent about it without having to wear it on his or her sleeve. You should mention it after real interest has been expressed in you but before you get an offer. You should always answer questions about it truthfully, and never act as if you are hiding something, as it is worse to have it exposed in a background check.”

KS - Change takes offenders’ work addresses off registry

Original Article

05/26/2012

By Tim Potter

Residents who check the state’s public offender registry — which lists people convicted of sex crimes, violent crimes and serious drug offenses — will see a change beginning July 1.

Addresses of offenders’ employers will no longer be listed, as a result of employers’ concerns and a compromise approved during the latest state legislative session.

For example, say a mother wants to know if a certain offender lives in her neighborhood or works near where her children play. She will still be able to see his home address on the state’s offender registry, although his work address will no longer be listed because of the new law. The work address is still considered public information, and she can request it.

She can get the work address two ways: by going to her sheriff’s office and asking for the address, or by signing up for an electronic message system that will send an e-mail to her saying that an offender has taken up residence or employment in her neighborhood.

That’s the plan according to Kyle Smith, deputy director of the Kansas Bureau of Investigation, which keeps the offender registry. Details of the electronic alert system are still being worked out, and it might not be available until fall, Smith said. The KBI will provide information about it on its website.

The offender registry has been listing offender work addresses since 1997. Now, someone can search the registry by an address to see if offenders are employed at the address, Smith said. Once employer addresses are removed from the registry, it’s not clear whether people will be able to request the information by address from a sheriff’s office, Smith said, adding that it will likely vary from county to county.

State Rep. Pat Colloton, R-Leawood, said she was hearing concerns from employers and the Kansas Department of Corrections that listing workplace addresses could scare away customers and make it less likely for people to hire offenders and keep them on. Having a job is considered crucial to an offender’s chance of not committing new crimes.
- Well since most businesses do background checks, some businesses will still deny them jobs, but this is a good start.

Colloton said federal officials approved of the address change, and other states have taken similar steps.

“It’s a very serious matter, and we want to be careful,” she said. “Public safety is always our No. 1 concern. But we do believe that these offenders are much less likely to commit new crimes if they have a job."

To the employers, having their address on the offender registry was bad publicity.

State Rep. Ann Mah, D-Topeka, heard from a constituent whose hotel address was listed as a site where an offender works. His concern was that potential customers might see the address and not stay there, Mah said. The employee who was the offender was a good worker and is “a good guy now,” Mah said.

Because the change allows the public to request the work address yet keeps it off the registry, “We think we’ve got a good compromise to protect the public,” Mah said.

Wichita police Deputy Chief Tom Stolz said, “I can understand business concerns with this type of matter,” and said the change appears to be good policy. “We want offenders to be able to go back to work” after serving their time in prison, he said. And if the change makes it easier to hire offenders, “I don’t disagree with the legislation,” he said.

The change will not affect the information that law enforcement has access to and will not hamper investigations, Stolz said.

For the Department of Corrections programs that help people reintegrate after leaving prison, “having that job and keeping that job is vital,” agency spokesman Jan Lunsford said.

The Department of Corrections advocates public awareness but not discrimination in dealing with offenders (Really?  The registry and residency laws are discrimination!), Lunsford said. At the same time, he said, the agency is sensitive to what kind of job a particular offender is suited for. If the offender, for example, was hired for a maintenance job at a hotel or motel, the agency wouldn’t approve of the person having a pass key. “We work hard to match them up properly,” Lunsford said.

FL - Hired and Fired

The following was sent to use via the contact form and posted with the users permission.

By D (03/15/2012):
I was just released from probation this past Dec. I spent a year in jail and 4 years probation (with the ankle monitor). I solicited an under age girl (a cop). At least that's what they said. I was initially contacted by the cop. I was lead into believing the person was under age and wanted to talk about sex, so that's what I did.

In my previous life I was a computer programmer. Since my conviction I was not permitted to even touch a computer. Even though the Florida workforce uses computers to search for work. So for the past 51/2 years I have been unemployed. I am 64 years old. Once I was off probation I was once again allowed to pursue my profession. I went on a job interview three weeks ago. I filled out the standard employment application. I filled in where the "Have you ever been convicted...." was located. The company, which has only 20 people, was in the exact same field that my last job trained me in. Financial Banking software. I was hired at a good salary. Yesterday was my first day. I was told that I would have to fill out the appropriate paper work. Of course the W-2 form, the non compete form, etc. However, the first form I had to fill out was the one where I gave permission to check my background. I spoke with the manager and told him that I thought he had already checked my background. He told me he did not. At that point I had to explain my situation. I told him about my arrest for Solicitation. I did not mention it was with a cop pretending to be an under age girl. After explaining my situation, I asked him what I should do. He said that since my crime had nothing to do with violence or stealing, he didn't think it would cause a problem with my job. He said I should proceed with my training, and he would talk to the owner of the company what he thought. Well, by 5:45PM my day was over. I asked if he spoke with the owner but he said the owner hadn't run the background check as of yet, so I should come in today to continue training. Before I got home last night, I received a call from the manager. He said the owner ran the check and couldn't employee me.

My wife says to forget looking any more because of the pain and disappointment. I don't know whether I should stop looking or not. My feeling is that no matter where I look for work, the company will find out. What they will do with that information is anyone's guess but if a small company of 20 won't hire me, what chances do you think I have?

Any ideas are welcome....

Thank you for this forum.

PA - Can a sex-offender ever have a fresh start?

Original Article

05/15/2012

By Ronnie Polaneczky

Twenty-Seven years ago, [name withheld] did a horrible thing. He was strung out on crack, so he’s sketchy on the details. But he admits he had sex with a female acquaintance whose apartment he broke into, with a friend, to steal a TV.

[name withheld] maintains that the sex he had with the acquaintance, who was at home, was consensual. The victim and the court disagreed, and he went to jail in 1985 for rape. He was released from prison in 2001 eager for a fresh start.

But a fresh start, he has learned, is often impossible once potential employers learn that you’ve been imprisoned for a sex crime.

“They say, ‘You can’t work here; you’re a rapist,’ ” says [name withheld], 52, who was recently offered good custodial jobs by two employers — including the Philadelphia International Airport — that then canceled the offers once his long-ago conviction came to light. “No one takes the time to know you. They see you on the Internet [sex-offender registry] and they slam the door.”

I won’t lie. When [name withheld] asked me to tell his story, I flinched. What employer in his right mind, I wondered, would knowingly hire a convicted rapist? If something terrible happened, the employer would be held liable for a negligent hiring. And I can’t imagine many employees would happily work alongside [name withheld] once they learned of his past.

Then again, the rape was in 1985, [name withheld] did his time, and he hasn’t had a single infraction since leaving prison 12 years ago. So he has more than paid his debt to society.

He has also married a good woman whose five grown children and grandchildren have provided him a level of stability and support he says he has never known.

What more does he need to convince an employer that he’s worth a chance?

“Honestly, there’s no easy answer,” says William Hart, director of the city’s Re-Integration Services for Ex-offenders (RISE). The program helps newly released inmates who are most likely to re-offend (overwhelmingly, young men) find community and social supports to prevent them from re-terrorizing the public.

But RISE doesn’t work with either sex offenders or arsonists because the program hasn’t the professional staff to deal with clinical issues specific to those offenders. Still, Hart believes that [name withheld]’s conviction, as time goes on, will play less and less a role in his employment.

Megan Dade, director of the Pennsylvania Sexual Offenders Assessment Board, is not so sure.

“The problem is that many people still believe that ‘once a sex offender, always a sex offender,’ even though new research shows that for many people that is just not the case,” says Dade, whose board evaluates sex offenders for the courts.

Her organization is working to refine the state’s classification of sex offenders to distinguish those likely to re-offend from those who probably won’t. But she knows that, no matter the classification, sex offenders face huge employment hurdles.

“It’s not easy for any former inmate to find work, especially in this economy,” she says. “For a sex offender, it’s doubly hard.”

Ironically, [name withheld] hasn’t had much trouble finding employment since 2001. But keeping it has been an issue.

For example, his neighborhood church, whose leaders knew of his past, hired him as a custodian after his release from prison, and he held the job for nearly five years. A new pastor, though, terminated [name withheld] after finding his name on a sex-offender registry.

He then got hired as a custodian at the Marriott, but had to leave once his record became known there. Still, good reviews from his boss landed him work with CleanTech, a company that provides custodial services to the Philadelphia Museum of Art and 30th Street Station.

“He was reliable and dependable,” says Marian Stroup, [name withheld]’s former boss at the museum.

When [name withheld]’s record became known to some employees, who balked, CleanTech moved him to a supervisory position at 30th Street, where he was known as a strict and meticulous boss.

After a run-in with a higher-up, he says he was wrongfully terminated from CleanTech, accepted a settlement and has been looking for work ever since. In every case in which he’s gotten close to being hired, he says, his long-ago conviction became a deal-breaker for employers.

“People see you on the Internet, they think you’re a child molester,” he says. “I never touched a child. I had one incident, with a woman who was older than me. I wish I could take it back. I can’t. I did my time. How long do I have to pay for a mistake I did so long ago?”