Keith Mack
A criminal record can often seem like a barrier to getting a job, especially since many companies perform background checks on candidates. However, many people with criminal records go on to work in law. For example, Reginald Dwayne Betts and Desmond Meade are attorneys who earned MacArthur Fellowships for their work after law school. In the US, almost all states will license people with criminal records to become attorneys, though some have extra restrictions. Only three states explicitly forbid persons with felony convictions from becoming lawyers: Texas, Kansas, and Mississippi. If you are applying to law school, you may be asked about any criminal convictions in the
| Characteristics | Values |
|---|---|
| Getting a job with a criminal record | Many employers are willing to hire people with criminal records, especially if the crime is not related to the job. |
| "Ban-the-box" laws in some states prohibit employers from asking about criminal history during the application process. | |
| People with criminal records are eligible to apply to most federal jobs, but specific statutes or laws may prohibit employment depending on the crime committed. | |
| Applying to law school with a criminal record | Almost all states will license people with criminal records to become attorneys, though some have extra restrictions. Only three states—Texas, Kansas, and Mississippi—explicitly forbid persons with felony convictions from becoming lawyers. |
| Be honest and upfront about your criminal record when applying to law school and in the character and fitness section of the bar exam. | |
| It may be possible to get your criminal record expunged, depending on the laws in your state. |
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What You'll Learn
Honesty is the best policy
Having a criminal record can often seem like a barrier to getting a job, especially since many companies perform background checks on candidates. However, honesty is the best policy when it comes to navigating the job market with a criminal record. While it may be challenging, it is not impossible to secure employment in the legal field with a criminal record.
Firstly, it is important to note that laws and policies regarding criminal records and employment vary across different states and countries. In the United States, for example, almost all states will license individuals with criminal records to become attorneys, but some have extra restrictions. Only three states explicitly forbid persons with felony convictions from becoming lawyers: Texas, Kansas, and Mississippi. Additionally, certain federal laws carry a lifelong ban on specific types of employment, such as national security positions for individuals convicted of misdemeanor domestic violence. Understanding the specific laws and restrictions in your state or country is crucial before applying for legal jobs.
Being honest and upfront about your criminal record is crucial. When applying to law school or seeking legal employment, you may encounter questions about your criminal history in the "'Character and Fitness'" section of applications. It is essential to answer these questions truthfully and provide any necessary context and reflection. Being dishonest or attempting to hide your record may lead to more significant issues than being transparent from the start. Employers and admissions committees value honesty, and explaining how your past has shaped you and how you've grown since then can work in your favour.
Additionally, consider the nature of your criminal record and how it relates to the job you're applying for. In some cases, employers may be more inclined to overlook a past crime if it does not directly relate to the position. For example, a conviction for embezzlement may be less concerning for a mobile app developer role than an accounting position.
You can also seek help from non-profit organisations that specialise in helping individuals with criminal records find employment. They can provide guidance on navigating the job market, connecting with employers willing to hire individuals with records, and ensuring you are not facing illegal discrimination due to your past.
Lastly, consider whether your record is eligible for expungement or sealing. Depending on the laws in your state or country, you may be able to have certain records expunged or sealed, which means they may not appear on background checks or be accessible to potential employers. This can improve your chances of securing employment in the legal field.
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State-specific considerations
In Wisconsin, the general fair employment act prohibits adverse action by public and private employers based on criminal records. However, adverse action can be taken if the conviction is "substantially related" to the job. Public employers cannot ask about criminal history until an applicant is "certified" for a position. If a licensing agency denies a license due to a conviction, they must provide written justification.
In some states, private employers may not ask about criminal records on initial applications, and applicants are entitled to written reasons for rejection based on convictions. Employers cannot inquire about or consider non-conviction records or expunged/sealed convictions. Licensing boards must provide pre-application determinations regarding whether a criminal background would be disqualifying.
Federal laws, such as the Fair Credit Reporting Act, and state laws may give additional legal rights to job seekers with criminal records. Some states prohibit employers from asking about criminal history until later in the hiring process. Check with your state or local Fair Employment Practice Agency to understand specific laws regarding criminal history in employment decisions.
When applying for federal jobs, it is crucial to disclose all information about your criminal record. Certain federal laws prohibit federal employment depending on the crime committed. For example, misdemeanor domestic violence convictions prohibit employment in positions involving firearms or ammunition. Federal agencies will consider character traits, potential conflicts between criminal conduct and job duties, and national security interests when deciding suitability.
Additionally, when applying for a U.S. work visa with a criminal record, it is challenging to predict the outcome without a case-by-case analysis. Some serious crimes cannot be waived, while other factors, such as the nature of the crime and rehabilitation efforts, will be considered. Immigration laws are strict, and even minor illegal activities can trigger inadmissibility. Consulting an immigration lawyer is advisable.
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Expungement options
An expungement is a dismissal of a conviction after it takes place. After an expungement, you are legally allowed to say that you have no convictions. While expungement laws vary across different states, there are some commonalities. For instance, many public and private employers cannot hold an expunged conviction against you, even if they can see it. However, these rules do not apply to employers required by law to ask about your record or employers with fewer than 5 employees.
In California, for instance, expungement laws give a fresh start to people who have done their time. California has one of the broadest laws in the nation to clear criminal records, and it recently expanded further. Under Senate Bill 731, which went into effect in mid-2023, Californians with most kinds of felony convictions, including violent crimes, can ask for their records to be cleared. Sex offenses are the primary exception. To be eligible, applicants must have fully served their sentences, including probation, and gone two years without being rearrested.
Kansas Legal Services provides legal help for those seeking to petition for expungement of criminal records. However, the demand for these services is high, and the supply does not meet the petitioner's demand. If those services are critical to record expungement, then that shortfall could be a significant barrier to successful reentry.
Even where the law allows some degree of criminal record clearing, barriers persist due to unequal access to justice, the posting of individual criminal record information on public websites, and the fact that significant amounts of publicly accessible criminal record data are inaccurate, incomplete, and inconsistently maintained.
If you are applying to law school with a criminal record, you may see a question on the application such as "Are you currently under indictment, or have you ever been convicted, placed on probation, or given a deferred adjudication or diversion program for a criminal offense?". Questions like this are part of the "Character & Fitness" section, commonly shortened to "C&F". In this section, you will answer the question truthfully and provide any context and reflection about the incident.
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Non-profit support
Non-profit organisations play a crucial role in providing support and opportunities for individuals with criminal records. Firstly, non-profits can offer employment or volunteer opportunities to individuals with criminal records, recognising that their experiences can be valuable in certain contexts. For instance, a youth development organisation may find that a mentor with a history of incarceration has a compelling message for troubled youth. Similarly, drug and alcohol treatment programs often benefit from staff who have personal experience with addiction and recovery.
Secondly, non-profits can provide support by advocating for fair hiring practices and challenging discriminatory policies. The Equal Employment Opportunity Commission (EEOC) in the US, for example, advises employers not to automatically reject applicants due to a criminal record. Instead, they recommend a two-step process involving a "targeted screen" and an "individualised assessment" of each applicant's circumstances. Non-profits can also assist individuals with criminal records in navigating the job market, offering guidance on resume-building, interview preparation, and legal rights during the application process.
Thirdly, non-profits can offer legal assistance to help individuals with criminal records understand their rights and options. This may include providing information on expungement processes, which can vary by state, and advising on disclosure requirements when starting a non-profit or registering as a charitable organisation. Some non-profits may also connect individuals with pro-bono legal services or mediation support.
Lastly, non-profits can engage in advocacy and policy work to reduce barriers to employment for individuals with criminal records. This includes supporting initiatives like "ban the box," which aims to remove the criminal history question from employment applications, and promoting fair-chance hiring practices. Non-profits can also address systemic issues, such as racial disparities in the criminal justice system, that contribute to higher rates of criminal records within specific communities.
Overall, non-profit organisations provide a range of support services, from direct employment opportunities to advocacy and legal assistance, helping to reduce the barriers faced by individuals with criminal records seeking to reintegrate into society and find meaningful work.
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Job application strategies
While it can be challenging to find a job in the legal field with a criminal record, it is not necessarily impossible. Here are some strategies to consider when applying for jobs in this field:
Know Your Rights and Local Laws:
Familiarize yourself with the laws and regulations in your state regarding criminal records and employment. Some states have "ban-the-box" laws that prohibit employers from asking about criminal history during the initial application process. Understand your rights, such as not having to disclose certain types of arrests or pending charges.
Target the Right Employers:
Look for employers who have demonstrated a willingness to hire individuals with criminal records. Some companies have explicit "fair chance" policies, while others may be more open-minded about considering applicants with diverse backgrounds. Consider applying to smaller technology businesses, as they may be more focused on your skills than your criminal record.
Be Strategic About Your Background:
If your criminal record is unrelated to the job you're applying for, employers may be more inclined to overlook it. For example, a conviction for marijuana possession may have less impact when applying for a job in law, which does not typically involve handling cash or working with vulnerable populations.
Highlight Your Progress and Rehabilitation:
Employers like to see progress and rehabilitation since your conviction. Emphasize any positive changes, personal growth, and the lessons you've learned. If you have participated in rehabilitation programs or community service, highlight these experiences and how they have contributed to your development.
Build a Strong Resume and Gather References:
Consider starting over and rebuilding your resume to showcase your skills, qualifications, and recent accomplishments. Include any education, training, or certifications you've obtained. Gather strong references from former employers, managers, teachers, or community leaders who can vouch for your character and work ethic.
Utilize Connections and Networking:
Leverage your connections and network within the legal field. If you know people working at your target organizations, they may be able to advocate for you and provide recommendations to hiring managers. Attend industry events, join relevant groups or associations, and seek out mentors who can guide and support your job search.
Remember that persistence and a positive attitude are key. By presenting yourself as a qualified, rehabilitated candidate, you can improve your chances of finding employment in the legal field, even with a criminal record.
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Frequently asked questions
It depends on the type of work you want to do and the jurisdiction in which you want to practice. In the US, almost all states will license people with criminal records to become attorneys, though some have extra restrictions. Only Texas, Kansas, and Mississippi explicitly forbid persons with felony convictions from becoming lawyers.
You may have to pass a moral character test. The underlying nature of your conviction will be important, and acts of moral turpitude can prevent you from passing. Ongoing substance abuse issues, violent crimes, and crimes indicating moral turpitude (e.g. fraud) are the real Character and Fitness (C&F) killers.
Employment laws vary by jurisdiction. In some US states, employers cannot ask about criminal history or convictions at the start of the hiring process due to Ban the Box laws. Depending on the policy, hiring managers can only ask about criminal records after they make a conditional offer of employment.
Be honest and upfront about your past. You can also contact non-profit organizations that work with people who have criminal records and are trying to secure employment. They can help you navigate the job market and find employers willing to hire people regardless of their past.
