We’ve all made mistakes in life, but sometimes our past mistakes can haunt us for years to come. One such challenge can be finding employment after being convicted of a misdemeanor. It can be disheartening, and the emotional turmoil can be overwhelming. But it’s important to remember that there is hope. Here, we’ll explore the ins and outs of getting hired with a misdemeanor on your record.
Understanding Misdemeanors
Definition of a Misdemeanor
A misdemeanor is a criminal offense considered less severe than a felony, punishable by fines or imprisonment for a year or less. Misdemeanors encompass a wide range of offenses, such as petty theft, simple assault, or DUI.
Types of Misdemeanors
Misdemeanors can be classified into different categories, depending on the severity and jurisdiction. The three most common categories are Class A (or Class 1), Class B (or Class 2), and Class C (or Class 3). Each class has varying levels of penalties and impact on one’s criminal record.
Impact on Employment Opportunities
Having a misdemeanor on your record can create hurdles when seeking employment. Some employers may be hesitant to hire someone with a criminal record, while others may have specific policies against it. However, it’s essential to know that you do have rights and opportunities to overcome these obstacles.
Legal Protections for Job Applicants
Equal Employment Opportunity Commission (EEOC)
The EEOC enforces laws prohibiting discrimination based on race, color, religion, sex, national origin, age, or disability. It also provides guidelines for employers regarding the use of criminal records in hiring decisions. Employers must consider the nature and gravity of the offense, the time that has passed, and the nature of the job in question.
Fair Credit Reporting Act (FCRA)
The FCRA governs how employers use background checks and criminal records during the hiring process. Employers must obtain written consent from job applicants before conducting a background check, and they must follow specific procedures if they decide not to hire someone based on the information in the report.
Disclosing Your Misdemeanor
When to Disclose
If a job application asks about your criminal history, you should disclose your misdemeanor. Honesty is crucial, as failing to disclose can lead to disqualification or dismissal if discovered later.
How to Disclose
When disclosing your misdemeanor, keep it brief and factual. Explain the circumstances surrounding the incident, emphasizing any lessons learned or personal growth you’ve experienced since then. Be prepared to discuss how you have taken responsibility for your actions and the steps you’ve taken to prevent similar mistakes in the future.
Resume and Cover Letter Tips
Emphasize Skills and Experience
Your resume and cover letter should showcase your skills, qualifications, and relevant experiences. Highlight your achievements and focus on what you bring to the table. Don’t let your misdemeanor define you—instead, let your professional attributes take center stage.
Demonstrate Personal Growth
In your cover letter, you can briefly mention your misdemeanor to demonstrate personal growth. Explain how the experience has made you a better person, both personally and professionally. This can show potential employers that you’ve turned a negative situation into a positive learning experience.
Preparing for the Interview
Research the Company
Before the interview, research the company and the role you’re applying for. Understand the company culture, values, and mission, as well as the specific job requirements. This knowledge will help you tailor your responses to show why you’re a good fit.
Practice Your Responses
Prepare and practice your answers to common interview questions, including those related to your misdemeanor. This will help you feel more confident and ensure you can effectively communicate your strengths and qualifications.
Dress Professionally
First impressions are critical. Dress professionally for your interview to demonstrate your respect for the opportunity and the company.
Addressing Your Misdemeanor During the Interview
Be Honest and Direct
If the interviewer asks about your misdemeanor, be honest and direct in your response. Avoid making excuses or shifting blame, and instead, focus on the lessons you’ve learned and how you’ve grown as a result.
Show Remorse and Growth
Express genuine remorse for your past actions, and describe the personal growth you’ve experienced since then. Highlight any steps you’ve taken to make amends or improve yourself, such as attending counseling, participating in community service, or furthering your education.
Redirect the Conversation to Your Strengths
After addressing your misdemeanor, redirect the conversation back to your strengths and qualifications. Emphasize your skills, experience, and suitability for the role, demonstrating that you’re an ideal candidate despite your past mistakes.
Securing Recommendations and References
Professional References
Reach out to previous employers, colleagues, or teachers who can vouch for your skills, work ethic, and character. These individuals can help counterbalance any concerns a potential employer may have about your misdemeanor.
Character References
In addition to professional references, consider securing character references from respected community members, such as religious leaders or community organizers. These individuals can speak to your personal growth and positive attributes, further demonstrating your potential value as an employee.
Expungement and Record Sealing
What is Expungement?
Expungement is a legal process that removes or seals a criminal record from public view, making it inaccessible to potential employers during a background check. Expungement eligibility and procedures vary by jurisdiction.
How to Pursue Expungement
Consult an attorney or research your jurisdiction’s expungement process to determine if you’re eligible. If you qualify, follow the necessary steps to pursue expungement, which may include filing a petition, attending a hearing, or completing a waiting period.
Getting hired with a misdemeanor may seem daunting, but with persistence, honesty, and a focus on personal growth, you can overcome this obstacle. By understanding your rights, effectively disclosing your misdemeanor, and showcasing your qualifications, you can prove to potential employers that you’re a valuable asset to their team.
FAQs on Getting Hired with a Misdemeanor
- Can I be denied a job because of a misdemeanor? While having a misdemeanor on your record may
make it more challenging to secure employment, it doesn’t mean that you’ll be automatically denied a job. Many employers consider the nature of the offense, the time that has passed, and the job’s requirements before making a decision. Demonstrating personal growth and strong qualifications can help sway their decision in your favor.
- How do I find employers who are willing to hire someone with a misdemeanor? Research companies with policies promoting second chances, such as “ban the box” initiatives or those with a reputation for being understanding and compassionate. Networking through community organizations or support groups can also lead to opportunities with employers who are open to hiring individuals with a criminal record.
- Should I disclose my misdemeanor if the job application doesn’t ask about it? If the job application does not specifically ask about your criminal history, you are not obligated to disclose your misdemeanor. However, if the topic arises during the interview process, it’s best to be honest and address it directly.
- What should I do if I feel I’ve been unfairly discriminated against due to my misdemeanor? If you believe you’ve been discriminated against based on your criminal record, consult an attorney or contact the EEOC for guidance. They can help you determine if your rights have been violated and advise on the appropriate steps to take.
- How long will a misdemeanor stay on my record? The length of time a misdemeanor remains on your record depends on the jurisdiction and the specific offense. In some cases, misdemeanors can be expunged or sealed after a set period, making them inaccessible during a background check. Research your jurisdiction’s policies and consult with an attorney to determine your options for expungement or record sealing.
