Having even one criminal conviction on your record can make employment difficult. While there are laws that restrict potential employers from directly inquiring about your criminal history during the application process, they may conduct background checks later and refuse employment based on what they find.
Depending on the criminal charges for which you were convicted, certain jobs might be completely off-limits. For example, jobs that involve working closely with children are often off-limits to those with convictions for violent felonies or sex crimes; a fraud conviction might bar you from jobs handling money. When potential employers conduct background checks, they may be allowed to refuse employment based on your criminal record.
Contact our Philadelphia criminal defense lawyers for a free review of your case by calling Kenny, Burns & McGill at (215) 423-5500.
How Your Criminal Record May Affect Employment Opportunities in Philadelphia
A criminal record can make your life difficult by restricting employment opportunities or completely preventing you from doing certain jobs.
Certain Jobs Are Off-Limits
Depending on your criminal record, certain jobs might be totally off limits, even if you are otherwise qualified. For example, someone previously convicted of a white-collar crime, such as embezzlement, may be totally barred from working at a bank or accounting firm that handles other people’s money. Someone previously convicted of a sexual offense will be prohibited from working near children in any capacity.
Background Checks May Present Obstacles
Even if your conviction does not bar you from a particular job, a potential employer may still conduct a background check and see your conviction on your record.
Under the Fair Chance Hiring Law, a Philadelphia ordinance, potential employers are not allowed to directly ask you about past convictions during the initial application process, and they may not check your criminal record until after they have made a conditional offer of employment, after the initial application phase. However, once they see the conviction, they may deny you employment if they feel you are unfit for the job.
The Fair Chance Hiring Law only applies to convictions, not arrests. Also, state or federal laws may require background checks for certain jobs but not for all, so some employers might not bother running them. If they do, they must notify you first.
Professional Licensing Problems
Some jobs require professional licensing, and certain licenses may be revoked or denied if you have certain criminal convictions. If you want to apply for a professional license to find new work, talk to your lawyer first to determine if you are eligible in light of your criminal record. Philadelphia’s ordinance about fair hiring also applies to professional licensing.
Can I Prevent Potential Employers from Seeing My Criminal Record
While you cannot stop people from conducting legal background checks, you may be able to remove convictions from your record, so your record appears clear, improving your chances of getting a job.
Standard Expungement
A standard expungement is possible, but only under limited circumstances. Generally, you must be over 70 years old and free from arrest and prosecution for the last 10 years. Alternatively, your family may expunge your record if you have been deceased for at least 3 years. This is obviously less than ideal. Finally, a standard expungement may be possible if you were convicted of a summary offense and have been free from arrest or prosecution for at least 5 years.
Securing an expungement can be very difficult, and while our firm does not handle expungements, you may need to find a lawyer to help.
Clean Slate Expungement
Another form of expungement offered in Pennsylvania is known as a Clean Slate expungement. Under this law, misdemeanors of the second and third degree or misdemeanors punishable by no more than 2 years imprisonment may be expunged after 7 years if you stay free from arrest and prosecution.
Other qualifying offenses that are punishable by at least 1 year of incarceration, including some felonies, may be expunged if you remain free from arrest and prosecution for at least 10 years. Summary offenses may be expunged under this law after 5 years.
FAQs About How a Criminal Record Impacts Employment
Can I Get a Job with a Criminal Record in Philadelphia?
You can get a job despite having a criminal record, but you might run into some roadblocks. Remember, a potential employer may not directly ask you about your criminal record during the initial application phase. However, they can run a background check if they make a condition offer of employment.
If you have a conviction expunged, you may treat it as though it never happened. It will not arise in a background check. If a potential employer asks you if you have a conviction on your record, you may say no without explaining the expungement. This can seriously help those with criminal records find stable employment.
Can Potential Employers See My Criminal Record in a Background Check?
Yes. Potential employers may conduct background checks after a conditional offer of employment and before officially hiring a job candidate, and they may refuse to hire a candidate based on their criminal convictions if those convictions would interfere with their ability to do the job.
Will a Criminal Conviction Hinder My Job Opportunities?
Generally, yes. People with criminal convictions often report difficulty in obtaining work due to their background. However, employers are usually restricted from asking directly about your criminal record. They may run a background check only after a conditional offer of employment.
Can I Prevent Employers from Seeing My Criminal Record?
If you are worried that a potential employer will conduct a background check, you may remove past convictions from your criminal record. Once removed, employers usually cannot see any information about the past conviction, and you are not required to inform them.
Should I Tell a Potential Employer About My Criminal History?
No. A potential employer is not allowed to directly ask you about your criminal history. They may conduct a background check after a conditional offer of employment, but they cannot ask you directly about past criminal behavior.
Can Someone Refuse to Hire Me Because of My Criminal Record?
Yes. An employer can refuse to hire you based on criminal convictions they see in a background check if those convictions somehow make you an unfit candidate for that specific job. However, they may only run a background check after a conditional offer of employment.
What Happens to My Criminal Record After an Expungement?
If you have a past conviction expunged, it is treated as though it never happened. The official records of the conviction are sealed, and employers cannot see them during a background check.
Our Philadelphia Criminal Defense Attorneys Are Here to Help
Contact our Ardmore, PA criminal defense lawyers for a free review of your case by calling Kenny, Burns & McGill at (215) 423-5500.
