Job seekers with criminal convictions—usually a timeworn cannabis or theft charge from their youth—often have excellent credentials and come highly recommended. They answer every interview question with a perfect response. Objectively, they’re the best person for the job. But when potential employers run a background check and discover a criminal past, everything else collapses. The excellent interview and the exemplary application materials are all in vain because that person made a mistake many years ago.
It’s a sad fact of employment screening processes that reformed criminals are considered high-risk employees. A criminal background check record can be helpful: it can protect employers, their staff, and customers from a potentially dishonest or even dangerous applicant.
However, they can also result in discrimination against some parties. Despite the Equal Employment Opportunity Commission (EEOC) prohibiting such discrimination, reformed criminals who’ve fought for redemption for years are still passed over regularly. It doesn’t necessarily matter what the conviction is: if they notice an offense during the pre-employment screening process, many employers will view it as a risk to avoid.
What is expungement?
Record expungement is a legal method to erase your criminal record, meaning the public and non-government employers cannot access the information during a criminal background check.
For job or apartment hunters struggling to find employment or lease approval due to an ancient criminal conviction, there comes a time to draw the line. How can someone turn over a new leaf if no one will give them the opportunity? Fortunately, in some states and under specific criteria, criminal expungement has made criminal record clearance possible for rehabilitated felons to actively erase their pasts from state and federal records.
Virtually every state in the union now has a hiring process to help former criminals clear past misdeeds so that they can move on with their lives. The question then becomes whether a former criminal is eligible for expungement under their state’s laws.
Every state has different legislation for sealed records; some areas are stricter than others. In short, to determine whether you’re eligible for criminal expungement, you must research the particular rules and regulations that apply to your state.
Eligibility for criminal expungement can be judged in several ways, including:
The Nature of the Crime: Serious offenses cannot be expunged from a criminal record, including sex crimes, crimes involving children, murder, manslaughter, or other violent offenses. Those with multiple convictions will also unlikely be considered for expungement. Minor crimes, however, especially misdemeanors, are almost always considered for expungement.
The Sentence: Judges will not grant an expungement request to job applicants unless all the provisions of the original sentence for the conviction have been fulfilled. These include jail time, parole, probation, community service, and other sentence factors.
The Timing: Most state judges will consider expungement requests individually depending on the severity of the conviction and the time that has elapsed since it occurred. Generally, older offenses are more likely to be expunged—especially if the requestor has not shown any criminal activity since. More severe crimes – if they are eligible for expungement – require longer periods of crime-free behavior.
How long does it take to have a record expunged?
After reviewing the petition, the court will hold a hearing to decide on expungement. Within roughly 180 days, the court will remove the documents and require all affected agencies to destroy them. The process can be slow, so it’s prudent to start immediately. Once this process is complete, it will be as if the record never existed.
What other support exists for keeping criminal records closed?
Clean Slate Law
As mentioned, a record ceases to exist with expungement, but there are other ways to protect your privacy in specific cases.
Since the beginning of 2024, 26 states have implemented a Clean Slate law, and is precisely what the name suggests: starting over on a clean slate or making a fresh start after completing your sentence—depending on the crime.
New York has passed the Clean Slate Act, which will be effective November 16, 2024. The act includes provisions for the automatic sealing of specific criminal history records. Most hiring managers will not have access to the records of a sealed background check report.
Second Chance Act (SCA)
This act enables criminal record sealing and supports state, local, and tribal governments and nonprofit organizations seeking to reduce recidivism and improve outcomes for people returning from state and federal prisons, as well as local jails and juvenile facilities.
Current trends
The current inclination is positively focused on helping job seekers and consumers. For example, The Fair Credit Reporting Act (FCRA) sets forth how and when potential employers or landlords can check your credit reports.
If you're unsure about the difference between the various forms of criminal record removal in your state or considering either option, please consult our Resource Center. Here, you will also discover the different types of background checks, how to deal with driving records and the most frequently asked questions.
Get instant updates on Compliance and Legislation
About Michael Klazema The author
Michael Klazema is the lead author and editor for Dallas-based backgroundchecks.com with a focus on human resource and employment screening developments
