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Is Your Criminal Record Keeping You From Working?

Is Your Criminal Record Keeping You From Working?

November 2018

Getting a job is hard, and it can be even harder if you have a criminal record. Many employers will do a background check before they hire you.

To know your rights and help you find and keep a job, you need to know what is on your criminal record. In some cases, you can truthfully answer "no" to a question about your criminal record.

This booklet talks about your criminal record and

  • what an employer can and can’t find out;
  • tips on how to answer questions about your record;
  • how to get something taken off your record;
  • and more.

Conseguir un trabajo es difícil, y puede ser más difícil aún si tiene antecedentes penales. Muchos empleadores hacen una verificación de antecedentes antes de contratarlo.

Para conocer sus derechos y ayudarlo a conseguir y mantener un trabajo, tiene que saber el contenido de sus antecedentes penales. En algunos casos, puede contestar honestamente que “no” a una pregunta sobre sus antecedentes penales.

Este folleto le da información sobre los antecedentes penales y

  • lo que un empleador puede y no puede averiguar,
  • consejos sobre cómo contestar preguntas sobre sus antecedentes,
  • cómo borrar información de sus antecedentes,
  • y más.

Can employers ask me about my criminal record?

Employers cannot ask you about your criminal record on the initial job application.

But employers can ask you for written permission to do a background check.

What can an employer find out from my criminal record?

From your criminal record, employers CAN find out about

  • arrests from the last 7 years, and
  • any convictions (no matter when they happened).

They CANNOT find out about

  • arrests from more than 7 years ago; and
  • records that have been erased, expunged, or pardoned.

Do all employers run a criminal background check?

No, but many do. Most private employers have a choice, but it depends on the job. You will have a criminal background check for these jobs:

  • nurse and nurse’s aide;
  • child daycare center or group daycare;
  • licensed home child care provider;
  • lottery, casino, horse or dog racing, and off-track betting jobs; and
  • public school jobs.

How do I answer questions about my record?

Tell the truth. If you lie when you apply for a job, you might be fired because you lied. At the job interview, you could explain why your record would not stop you from being a good employee. You might say what you learned from your mistake or that it happened many years ago.

Tips:

  • Learn the questions that are usually asked and get your answers ready. You can get a list of interview questions on the Connecticut Department of Labor website.
  • Tell the truth. If you lie about certain information, you might be fired for lying and you might not be able to get unemployment or state welfare. For some jobs, lying about a criminal record is a criminal offense.
  • Think about how you will explain your criminal record and the times when you didn’t have a job.
  • Write down your job history. Include the company names and addresses, your job duties, the dates you worked, and why you left.
  • Get references. Try to find someone from one of your jobs who you trust and who will say good things about you. Ask what they would say about you if an employer calls and asks about you. Also ask if you may use him or her as a reference.

Who at work will know about my criminal record?

Only the people who interview and make hiring decisions can see information about your record. After you are hired, your criminal record information should not be used against you or seen by other employees.

Can I fix a mistake or get information taken off my record?

You might be able to get a Connecticut state charge or conviction removed from your record if

  • your record should have been erased,
  • you can prove there is a mistake on your record, or
  • you get a pardon (also called an expungement).

Erased records

Erased means that the record will not show up on your criminal record or background check. You can tell employers that you do not have a criminal record. An employer cannot find out about any erased charges, arrests, or convictions.

What records can be erased?

Only some types of records can be erased, including those where

  • you were found not guilty,
  • your case was dismissed or thrown out,
  • your case was nolled at least 13 months ago,
  • your case was put on hold at least 13 months ago and you finished an accelerated rehabilitation program, or
  • you were a youthful offender and you were not convicted of a felony before you turned 21.

Records are usually erased automatically, but sometimes that does not happen. If your record was not erased, you should contact the court.

Correcting a mistake

It might be easier to correct a mistake than to try to explain to an employer that your record is wrong. Here is how to correct a mistake:

The state police must give you a written answer within 60 days. You have the right to appeal the decision.

Pardons

There are two types of pardons:

  • An expungement erases your entire Connecticut state criminal record. To apply, you must wait 3 years (for a misdemeanor) or 5 years (for a felony) from the disposition date.
  • A provisional pardon or Certificate of Employability (COE) does not erase your criminal record, but having one might make it easier for you to get a job. A provisional pardon or COE makes it illegal for an employer to refuse to hire you just because of your record.

How do I ask for a pardon?

You will need to fill out an application, which you can get from:
Board of Pardons and Paroles
55 West Main Street
Waterbury, CT 06702
203-805-6605
www.ct.gov/bopp

Are there certain jobs I won't be able to get because of my record?

Yes. Your criminal record can keep you from getting certain jobs or licenses. The laws are very complicated. Employers are supposed to try to hire people who can do the job – even those who have a criminal record – but they don’t have to.

Licenses

You need a license for some jobs. Your criminal record may keep you from getting certain licenses. A youthful offender record will not stop you from getting a license. If you are turned down for a license, you have the right to appeal.

What if I'm not hired because of my record?

If you believe you were not hired (or you were fired) because of your criminal record, ask if your record was the reason. If you are Black or Hispanic, you might have a discrimination case. You can file a complaint with:

  • The CT Commission on Human Rights & Opportunities (1-800-477-5737) www.ct.gov/chro
  • The U.S. Equal Employment Opportunity Commission (1-800-669-4000) www.eeoc.gov

You must file your complaint with the CHRO within 180 days and with the EEOC within 300 days. You can file without a lawyer.

Get Help From Legal Aid

Age 60+: Get help from legal aid.
Under age 60: Find legal help or apply online.
Not from Connecticut? Find help in another state.

Get help from 2-1-1

Dial 2-1-1 or go to 211ct.org for help with services in your community.

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