How Can a Criminal Offense Affect Your Work?

One of the 2 federal laws that are designed to offer protection to people who have had criminal records is the Fair Credit Reporting Act or FCRA. The FCRA is designed to ensure that the job applicants are protected in terms of making sure that the criminal background checks for employment are accurate. There are cases wherein the background checks can be erroneous, such as incorrect records of conviction, which have already been deleted. Such false records may also include incomplete details like getting the charges dropped or exoneration.

There are also instances wherein the background check can lead to mistaken identities, multiple records for the same offense or wrong classification of violation.

The FCRA protects the applicants through the following guidelines:

• Employers will have to ask for the written consent of the job applicant so they can conduct a criminal background check
• Employers must also declare to the applicants if they want to screen them because of the background check
• Lastly, employers will also have to let the applicants know if they are not accepted for the job because of the background check

Companies that conduct background checks should also make sure that the data they would gather is accurate and up-to-date. In case the job applicant contests the data collected, then the employer must dig deep and note the errors if there are any.

Civil Rights Act of 1964 Title VII

This federal protective law disallows discrimination in employment specifically in hiring and screening the job applicants. The law forbids employers to single out applicants unreasonably due to ethnicity, protected class, or race.

Data have shown that arrest rates can be significantly higher for African Americans and Latinos. This means employers are prohibited from excluding applicants from the mentioned group even if they have criminal records. Any company or employer, which violates the law, can be convicted of racial discrimination.

The EEOC or Equal Employment Opportunity Commission permits employers to screen out their job applicants who may pose safety risks. But the company must make sure that their screening process does not implicate racial discrimination.

In addition, the EEOC indicates that employers should allow job applicants with misdemeanors to disclose their case proceedings, as well as justify why they are fit for the position.

Do you need to declare your Misdemeanor?

It is advisable to divulge to the hiring manager your misdemeanor record rather than wait for the employer to conduct their background check.

While you have the right not to divulge misdemeanor records, especially the ones that were expunged or did not result in convictions, it is still better to inform the employer beforehand. In fact, the Houston Chronicle stated that being honest with the potential employer could help you land the job.

Being honest signifies that you are serious in assuming responsibility for your actions. Your honest approach will also allow you to show that you have learned and grown from the experience. On the contrary, not revealing your misdemeanor record can actually lessen your chances of being hired.