How to discuss a criminal record in a job interview

 

By: Louis Catania, Division of Infectious Disease and medically reviewed by Ann K. Avery, MD, Infectious Disease Physician at MetroHealth Medical Center

Every interview is nerve-racking. That's true for everybody. But if you have a criminal record, there's an extra weight on the whole thing; one huge question sitting out there, waiting, and you don't know when it's coming.

This post is about having a plan. What to write on the application and what to say when the interviewer asks. How to explain a gap in your work history without apologizing for it, and what to do with all the rejections you're going to collect along the way, because you’re going to get a lot of them. The good news is that it only takes one “yes”.

Two things worth doing first:

  1. Know exactly what's on your background check before an employer sees it. Here's how to check.
  2. Apply to the right places. We covered that here.

You don't owe anybody a performance. You just have to be willing to talk about it. That's a skill, and it's a learnable one.

What do I put on the application?

Read the question exactly as written

"Have you been convicted of a felony?" is a different question from "Have you been arrested?" and "Have you been convicted of a felony in the last seven years?" Answer the question in front of you, not the one you're bracing for. If it asks about the last seven years—and yours is nine years old—the answer is no.

Know the difference between arrested and convicted

An arrest means the police took you in. A conviction means a court found you guilty. They are not the same, and plenty of people have one without the other. If a case was dropped, dismissed, or you were found not guilty, that is not a conviction.

Answer honestly

Companies check, and getting fired for lying on an application can happen at any point-- even after you've reorganized your whole life around that paycheck. It's the one mistake that turns a survivable problem into a permanent one.

Then stop

Don't add a paragraph nobody asked for. If the box wants a yes-or-no answer, give a yes-or-no answer. If there's a line for the offense, name the offense. If there's no space for explanation, that means they don't want one yet.

It’s understandable that you want to explain everything right away. Resist the urge. A form is the worst possible place to tell your story, because there's no one there to hear how you say it. Save it for a face-to-face conversation.

If there's a comment box and you want to use it, one line is plenty: Happy to discuss in person. That's a confident response. It says you're not hiding and you're not ashamed, and allows you to explain in person, which is the goal.

During the interview

At some point, you'll be sitting across from someone, and the question will come up. They could lead with it. It could be forty minutes in, after the conversation has been going well.

Hold onto this: if they're asking, you're still in it. They already know. Nobody wastes an interview on someone they've already ruled out.

Here is what they're actually asking

Not what happened. They're really asking one thing: is this going to be a problem for me? So, answer that. Not the details of the case, not who else was involved, not what was unfair about it. Just: that was then, here's who I am now, and this is why I won't be a problem.

Here’s how to respond

Simply explain what happened, take responsibility, and then talk about what's changed since. End with your focus back on the job.

Example: "I was convicted of [offense] in [year]. I own that. It was a bad decision, and I've dealt with the consequences. Since then, I finished my sentence, completed [job training program, GED, etc.], and I've been focused on working and staying steady. What I'd rather talk about is what I've done since, because that's a better picture of who you'd be hiring."

Then stop talking. Let the silence sit. Don’t try to fill the silence with more information.

Practice it out loud

Say your version to the mirror, to a friend, in the car. Not to memorize the words, but to steady the nerves that come across on your face and in your voice. A flinch reads as something you're still hiding. Saying it plainly while looking at them reads as someone who's handled something hard.

Leave out: blame, the long version, apologizing more than once, and bringing it up if they never ask.

Then pivot

Change the focus to what is going well for you: A job you showed up for. A program you finished. Someone who'll vouch for you.

Example: "…and honestly, since then I've been at a warehouse job at 5 a.m. for two years without missing a shift. My supervisor will tell you the same."

The gap in your work history

If you were away a while, there's a noticeable time gap in your resume. Gaps are common. People often are dealing with illness, layoffs, kids, or a sick parent, and they need to step away from their job.

On the resume: Using years rather than months (example: 2019–2022) can make an employment gap less visually prominent. Always provide more specific dates when an application requires them and never misrepresent your employment history. Then lead with what you can do, not the gaps in your past.

Fill it in where you can: A job you held inside counts. So does a GED, a certification, a trade program, treatment you completed, or volunteer work. "Facilities maintenance, 2020–2022" describes a real job you really did.

When they ask: Keep it short and don't act ashamed: "I was incarcerated from 2019 to 2022. While I was there, I got my GED and worked in the kitchen. I've been out and working since."

Don't stretch dates on an old job to cover it. Don't leave years off entirely, as it reads like you are hiding something.

And, lastly, don't apologize. A gap is a fact about your calendar, not a character reference.

Two programs that help an employer say yes

Most employers have never heard of these programs, so don't assume they know about them.

The Federal Bonding Program provides employers with free fidelity bond coverage for the first six months of employment, helping reduce concerns about hiring someone with a criminal record.

The Work Opportunity Tax Credit may provide employers with a tax credit for hiring individuals who face barriers to employment, including those with certain felony convictions.

Knowing these programs exist, and bringing them up, can help shift the conversation from “What’s the risk?” to “How can we make this work?”

One "no" isn't the end

You're going to hear no. A lot. It’s normal and happens to everyone at some point during their job search.

Think of every interview as a dress rehearsal for the next one. You’re practicing how to talk about your experience, answer difficult questions, and present yourself with confidence. Even when you don't get the job, you leave the interview better prepared for the next opportunity.

Remember this going in: a no isn't a judgment of you. Some companies have rules that can’t be changed. Some already had someone in mind. And some just won't tell you. You'll rarely find out which, so don't waste energy guessing.

What you can do is keep the search moving. Check in with a temp agency. Tell one more person you're looking. Add a certification, a class, a month of steady work; every one of those makes the next application stronger than the last.

And keep score of the right things. You pulled your record. You know what's on it. You've got an answer ready, and you can talk about it without flinching. That's more than most people ever do.

Somebody is going to hire you. Go find them.

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