How to Disclose a Criminal Record on a Job Application

What You Need to Know About Disclosing a Criminal Record on a Job Application

Job seekers with a criminal record often wonder whether they have to disclose that information during the application process. Here’s how to disclose a criminal record on a job application.

Finding a job can be difficult for anyone, but it can be especially challenging for individuals with criminal backgrounds. Disclosure practices for individuals who have previous arrests, convictions, or who have served jail time vary based on where the individual lives and the legal restrictions on asking about criminal records in their location.

Can Job Applications Ask About Criminal Records?

Whether or not a job seeker with a criminal history must disclose their record to a potential employer depends on where the job seeker resides. Because of the potential for discrimination, many states, cities, and localities have laws known as “Ban-the-Box” legislation. In areas that employ this legislation, employers may not ask about a criminal record during the application process.
In areas that do not employ such legislation, on many job applications, there is an option to check a box indicating whether or not an individual has a criminal record or conviction. If they check yes, they are asked to explain their circumstances.

“Ban-the-Box” Legislation

“Ban-the-Box” legislation limits what an employer can ask candidates on a job application or during the early stages of the screening process. In most cases, states that abide by this legislation may not ask about a criminal record during the application process. Some laws forbid a company from asking if the candidate was ever sentenced for a crime until a specific time in the hiring process, such as during an interview or after a conditional offer of employment.

This does not mean that employers cannot check a potential employee’s criminal history or consider its impact on potential performance when conducting a background check or later in the hiring process.
If a job seeker is concerned about criminal activity that might impact their employment eligibility, it may be helpful to become familiar with the employment laws of the state in which they are applying. While these laws do not guarantee employment, they do prohibit employers from asking questions about criminal backgrounds until after a formal offer has been extended, which helps reduce discrimination in the hiring process.

However, it is important to remember that acceptance of an offer does not guarantee employment as most offers are usually contingent upon the successful completion of a background investigation.

Application Questions in States Without Legislation

In states without legislation that prohibits questions about criminal records, most applicants must indicate whether they have been convicted of a crime in the past 10 years or whether they have been convicted of disorderly offenses in the past five years.

What to Keep in Mind When Disclosing a Criminal Record on a Job Application

1. Read the Application Carefully

Employment applications are not all the same. When answering questions that inquire about past criminal records pay attention to the information they are asking for. Some applications may only ask an applicant to disclose previous or pending convictions, while others may ask to identify any and all arrests.

Some may ask an applicant to disclose all felony and misdemeanor charges that have ever been brought against them, while others may only ask about a felony. Since not all arrests result in convictions, it is important to pay close attention to the way the question is worded to ensure an applicant is checking the right box.

2. Prepare an Explanation

It is important to be able to offer an explanation for criminal background. While an applicant with a criminal history must answer “yes” on a job application in the appropriate place when asked about a criminal record, they are also often provided a space for explanation. This is an opportunity to provide an honest explanation for any criminal activity and allows space for applicants to further explain what they have learned from their past.

3. Obtain Character References

In disclosing a criminal record, it may be beneficial to obtain written character references from people who know about the applicant’s past as well as their current character, such as former employers, family counselors, or social workers. These may be provided in addition to the explanation piece to give more background.

4. Be Honest

In some situations, discussions around a criminal history may be unavoidable. It is imperative to be honest if this is the case. Do not try to hide a criminal history. If a job application requires an applicant to disclose their criminal record, it is essential to truthfully disclose what is applicable. Use the explanation space to then shift the focus to what was learned about what occurred and how it led to personal and professional growth.

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