Criminal Records, Background Checks and Getting a Job: Your Rights and Options

A criminal record can create barriers to employment, but laws protect job applicants in important ways. Knowing your rights, correcting errors and presenting your history effectively can improve your chances.

How background checks work

Employers often use consumer reporting agencies to run background checks, which may include criminal records, credit history and employment verification. Federal law requires employers to get your written consent, to give you a copy of the report and a summary of your rights before taking adverse action and to provide notice after the final decision. Errors in reports are common.

Laws that limit use of criminal records

• Ban-the-box laws in many states and cities delay questions about criminal history until later in the hiring process.
• Some states limit consideration of old or minor convictions, arrests that did not lead to conviction or sealed records.
• Employers must not apply policies in a way that discriminates, and blanket bans can raise civil rights concerns.
• Some jobs require background checks by law, such as those involving children or financial institutions.
• Laws vary by jurisdiction.

Checking and correcting your record

1. Obtain your criminal record from state repositories and court records.
2. Order your consumer report from background check companies.
3. Look for errors such as wrong person, dismissed charges shown as convictions or outdated information.
4. Dispute errors in writing with the reporting company and the court.
5. Get certified copies of dispositions.
6. Consider expungement or sealing if eligible.

Talking about your record in interviews

When asked, be honest, brief and focused on what you have done since. Explain the circumstances without making excuses, state what you learned and show evidence of stability, such as steady work, education or training. Be ready to provide references and certificates. Practice a short, calm explanation.

Fair chance employers and resources

Some employers and programs specifically hire people with records. Reentry organizations, workforce centers and legal aid offices can help with job searches, training, record clearing and rights education. Bonding programs may help employers feel more comfortable hiring people with records.

Occupational licensing

Many licensed professions consider criminal history, but some states restrict denials to convictions related to the job. If you are denied a license, you may be able to appeal or request a waiver. Ask the licensing board about its policy and what evidence of rehabilitation helps.

Housing and other effects

Records can affect housing, education and loans. Landlords may use background checks, subject to fair housing rules. Record clearing can reduce these barriers. See our guides to expungement and record sealing and tenant screening.

Real-life scenarios

1. An applicant finds that a dismissed charge appears as a conviction on a background report and disputes it before being rejected.
2. A job seeker uses a fair chance employer and discusses completed training and steady work.
3. An applicant for a license submits evidence of rehabilitation and is approved.

Common mistakes to avoid

• Not checking your record before applying.
• Lying on an application.
• Not disputing errors.
• Ignoring record-clearing options.
• Failing to learn your state's fair chance rules.
• Not preparing a clear explanation.

Questions to ask a professional

• What does my record show?
• Am I eligible for sealing or expungement?
• What do state laws say about employer use of records?
• Which employers are fair chance friendly?
• How do I dispute errors?

A practical action plan

1. Get your criminal record and background report.
2. Dispute errors in writing.
3. Explore record clearing options.
4. Prepare a short explanation and documents.
5. Target fair chance employers and reentry programs.

Terms you may hear

• Consumer reporting agency: a company that prepares background reports.
• Adverse action: a decision such as not hiring based on a report.
• Ban the box: a law delaying criminal history questions.
• Expungement: removal or sealing of a record.
• Disposition: the outcome of a criminal case.

Presenting yourself professionally

Prepare a resume that highlights skills and recent experience. Gather references and certificates. Practice a brief explanation of your record that emphasizes responsibility and growth. Dress and communicate professionally. Consistency and reliability can outweigh past mistakes for many employers.

Rights if you are rejected

If an employer rejects you based on a background report, you should receive a notice with a copy of the report and a description of your rights, and time to dispute errors. If you believe you were treated unfairly, contact a legal aid office, your state labor agency or the EEOC. Keep records of all communications.

Long-term strategies

Consider training, education or certifications that open new opportunities. Explore record sealing and expungement. Build a work history that shows stability. Reentry programs can provide support, mentorship and employer connections.

Frequently asked questions