The impact of a criminal record on employment is significant, as employers often conduct criminal record searches as part of the hiring process, whether it’s a criminal record search in Miami-Dade County or Broward County. Any criminal history can raise concerns, but sometimes you have options. A criminal defense attorney may be able to help you expunge or seal your records.
How a Criminal Record Affects Employment
- Background Checks: Many employers run criminal record checks to investigate individuals for criminal history. Depending on the severity of the crime, even a minor offense can lead to a denial of the job. A felony, in particular, is more likely to disqualify someone from positions that require a high level of trust or responsibility. This is true whether it’s a criminal record search in Florida or beyond.
- Disqualification from Certain Jobs: Some industries such as healthcare, education, law enforcement, and finance, have strict rules that prevent individuals with certain types of criminal records from holding positions in those areas. Employers may be concerned about liability, workplace safety, or regulatory compliance, leading them to avoid hiring individuals with a criminal record.
- Loss of Professional Licenses: For people in areas requiring professional licenses, such as doctors, nurses, or lawyers, a criminal record can result in the suspension or revocation of licenses, effectively ending careers.
- Difficulty Getting Back to Work: Even for jobs that don’t have strict legal restrictions, many employers are hesitant to hire individuals whose criminal record shows on a criminal record check due to concerns about reliability, integrity, or perceived risk. As a result, people with a criminal record may find it difficult to reenter the workforce, facing longer job searches and fewer opportunities.
Legal Rights for Individuals with a Criminal Record
Despite the challenges, persons with a criminal record have legal protections when seeking employment. Here are some key legal rights:
- “Ban the Box” Laws: These laws prevent employers from asking about criminal records on job applications. Instead, employers must wait until later in the hiring process, such as after a first interview or when a job offer is extended, to inquire about an applicant’s criminal record.Over 35 states in the U.S. have adopted “ban the box” laws, giving applicants a fairer chance to showcase their qualifications before being judged on their criminal record.
- Equal Employment Opportunity Protections: The Equal Employment Opportunity Commission (EEOC) provides guidance that prohibits employers from using criminal records in a way that discriminates against certain racial or ethnic groups. Employers must demonstrate that any exclusion based on criminal history is job-related and consistent with business necessity. This means that blanket bans on hiring individuals with any criminal record can be challenged if they disproportionately impact certain groups.
- Expungement and Sealing of Records: In some states, individuals with certain types of convictionsmay be eligible to have their criminal records sealed or expunged, which means they would not appear in most criminal record searches, including online criminal record searches. This can give individuals a second chance by allowing them to apply for jobs without disclosing their criminal history.
- Fair Credit Reporting Act (FCRA): Under the FCRA, if an employer decides not to hire someone based on their criminal record search, they are required to notify the individual and provide a copy of the report. This gives applicants the opportunity to dispute any inaccuracies or outdated information.
How a Criminal Defense Lawyer Can Help
If you’ve been accused of a crime, a criminal defense attorney plays an important role in protecting your future, including your employment prospects. Here’s how:
- Negotiating Lesser Charges: If dismissal isn’t possible, your lawyer may reduce a felony to a misdemeanor or arrange alternative sentencing, which can have less impact on employment.
- Expungement and Sealing Records: Your attorney can help youexpunge or seal your criminal record, keeping it out of criminal record searches, especially when employers conduct online criminal record checks.
- Advising on Your Rights: A lawyer can guide you through “ban the box” laws and help you understand your rights during the hiring process.
- Post-Conviction Relief: Even after a conviction, a lawyer can pursue appeals or modifications to reduce its impact on your employment.
Contact A Criminal Defense Attorney
Being accused or convicted of a crime can feel like a major setback, but it doesn’t have to define your future. With the right legal representation, you can protect your rights, minimize the impact on your employment prospects, and explore options for clearing your criminal record. Whether you’re dealing with a criminal record in Florida, Miami-Dade County, or Broward County, getting the right help is crucial.Learn more about how Attorney Russell Spatz can help you by clicking this link.
Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.