By: Louis Catania, Division of Infectious Disease and medically reviewed by Ann K. Avery, MD, Infectious Disease Physician at MetroHealth Medical Center
A criminal record makes it harder to find work. No sense pretending otherwise. But people with records get hired every single day, and there is no reason you can't be one of them.
Some of this is in your hands. Not all of it, but more than you might think. You control who you are now, what you can do, and how to best tell your own story when the time comes.
So, let's start with the first step: Find out what's on your background check before an employer does.
Most people never look. Then they're blindsided in an interview, or they get a "no" and never find out why. And these reports get it wrong all the time. They list a charge and never say what happened. They mix you up with somebody else. They drag up old cases that should've been gone years ago.
This guide walks you through five questions to answer about your own record before you apply. Take them one at a time. You've got this.
How to get a job with a criminal record: Take it one step at a time
Quick note before we start. This is general information, not legal advice. The rules for getting hired with a record vary widely from state to state; what's true in one state isn't true in another. Take this as your starting point, then find out what's true where you live. We'll show you where to look.
1. What convictions appear?
If you're wondering how to get a job with a criminal record, start here, with your own paperwork.
A conviction is a part of your record that an employer is allowed to consider when they hire. The Equal Employment Opportunity Commission (EEOC) says employers should consider three things:
- How serious was the crime?
- How long ago did it happen?
- And is the crime connected to the work you would be doing?
A conviction can matter a lot at one job and hardly at all at another. A conviction from ten years ago that has nothing to do with the work is a short explanation. A recent one that's close to the job activities is a longer story. But you can get ready for that talk if you know it's coming.
One more thing: Some laws say people with certain convictions can't hold certain jobs. That’s the harsh reality, however flawed it may be. It's better to find this out now than after four rounds of interviews.
How do you find out?
Start at the NICCC. It lists the laws in every state that bar people with certain convictions from certain jobs. You can search by your state. It won't answer every question, and the rules change, so treat it as a first stop. If the job requires a license—like nursing, hair styling, or security work—check with the state board that issues that license. Their rules should be on their website. In many states, you can even ask them ahead of time if your record is a problem. That way, you find out before you pay for training.
You can also call a legal aid office or a reentry program near you. They know your state's rules, and the help is free. They're the same people to ask about clearing your record, so it's one phone call for both.
2. Are there arrests that didn't lead to a conviction?
An arrest is not the same as a conviction. An arrest means the police took you in. A conviction means a court found you guilty. Plenty of people get arrested and are never convicted. Charges get dropped. Cases get thrown out. Sometimes the police had the wrong person.
Even so, that arrest can still show up on a background check. That's not fair, and it surprises people. But you have more power here than you might think.
First, the law is on your side. The EEOC says an employer can't turn you down just because you were arrested. An arrest is not proof that you did anything wrong. Many states go further and say an employer can't even ask about an arrest that didn't end in a conviction.
Second, this kind of record is often the easiest to clear. If your case was dropped or dismissed, your state may allow you to have it erased. More on how to do that below.
Third, if it does come up, be ready to answer. Saying "it got dropped" can sound like you're hiding something. A short, calm explanation of what happened works better.
3. Do you have the court papers?
If a case was dropped or dismissed, or you were found not guilty, there's a court record that says that. Get a copy. It's called the disposition.
You may never need it. But if a report is wrong or leaves out what happened, that one piece of paper settles it fast. Ask the clerk at the courthouse where your case was heard. If it’s not available on the court’s online docket for free, there's usually a small fee to pick it up in person.
This is the big one. Some records can be sealed or erased. If that happens, you may not have to report it at all. The question goes away.
Every state has its own rules. Some states will clear records on their own. Some make you ask. Some cover only certain crimes, and only after enough time has passed. Dropped and dismissed cases are usually the easiest. But in many states, convictions can be cleared, too. Don't assume yours can't be wiped away.
Here's the part people miss: this takes time. Often months. So, start now, before you need it. Don't wait until a job falls through.
You don't have to figure this out alone, and you don't have to pay a lawyer. Two free places to start:
- A legal aid office near you. Search "legal aid + [your city]”.
- Your state court's website. Look for "self-help" or "clear my record."
Ask them one question: "Is anything on my record eligible to be sealed or expunged?" They'll tell you what to do next.
5. Is the background check accurate?
Background reports have mistakes in them. More than you'd think. Common ones include:
- The record belongs to someone else with a name like yours.
- A charge is listed, but not what happened. It looks like you were found guilty when you weren't.
- Something that was cleared or expunged is still showing up.
- An old, unrelated case pops up that shouldn't be there at all.
Get your own report before you apply for jobs. You can ask the employer’s background check company for a copy of your file.
You can also get any public records with pertinent information on you from cities, counties, states, or other public entities. Some important points:
- Make sure you’re on a government website; look for a “.gov” in the URL. Ensure you’re making a “public records” request, also known as a “Freedom of Information Act” or “FOIA” request —this process is always free for individuals. Don’t pay anything.
- Why is this important? There are lots of clickbait-y companies that offer background checks—usually for a fee and usually not as specific or thorough as a public records request from a government entity.
Make sure you read the background check line by line. If something is wrong, you have two moves.
Tell the company that wrote the report. Do it in writing and keep a copy. Send whatever proof you have, like a court document. They must investigate it. This is your right under federal law, specifically, the Fair Credit Reporting Act.
Tell the employer too. The EEOC says you should let an employer know if there's an error in your record. It can make a difference.
One more thing worth knowing: in some states, an employer can't ask about your record on the job application at all. They must wait until they've interviewed you, or even until they've offered you the job. The idea is that they get to know you first.
These are called "ban the box" laws, after the check box on old applications. Not every state has one, and the rules differ. If you see that question on a first application, look up whether your state allows it.
Next: Finding the right employers
The hard part is done. You pulled your report. You read it. You know what's on there, what's wrong, and what might be able to come off.
That's more than most people ever do. And it means you won't get blindsided in an interview again.
Now for the next part: figuring out where to apply.
Not every employer treats a record the same way. Some toss your application the second they see it. Others are required by law to look at you first. And some choose to hire people with records because they've seen it work.
Getting a job with a record takes more than one step. This was the first. Here's the next.