A Price to Pay
Getting arrested or convicted of a crime can be an earth-shattering event. It changes everything you ever knew about life and yourself. It changes your worldview, your family, and your future. Beyond the arrest or conviction, there lies a deep threshold of uncertainty, one we can all understand: Will I ever be able to get a good job? How can I clear up my criminal history? As most know, going to court is not cheap or easy. Beyond the attorney fees, penalties, and other legal ramifications, there is also a societal price to pay.
Background Checks in Job Applications
It is not uncommon for workers with arrests or convictions to feel isolated. The truth is that most employers have application/background screenings for new hires. Screening questions make it harder for potential employees with criminal records to earn one-on-one interviews. Though it varies from state to state, the seriousness of the offense has to be specifically stated on most applications. This helps employers correctly review the offense and how it could potentially affect their company.
With a little strategy and perseverance, it is not impossible for a worker with a criminal record to get a good job.
The First Step
The first step to getting a job with a criminal record or arrest is to look into getting your record sealed and expunged. Most states allow you to pay for legal service to help you seal and expunge your record. Workers who have sealed criminal records have more opportunities for employment because their record is no longer available to the public domain. Workers with expunged records do not have to answer job application questions related to their prior criminal offense or arrest. Where’s the catch? Eligibility. Most states and jurisdictions have different rules delineating which criminal records qualify for expungement. Florida is no different. They’re several types of expungement on the FDLE website that outline different qualifications and standards. (https://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx).
In order to seal a criminal record in the state of Florida, you must not have been convicted of a crime or adjudicated of guilt. Serious offenses, such as a homicide and sexual felonies cannot be sealed. This process usually takes two to six months depending on your state. Expungement is a much more difficult process, that is available under stricter guidelines. Expungement is only granted when criminal charges are dismissed, or a criminal record has been sealed for ten years. As in the case of sealing a criminal record, serious crimes involving violent and sexual felonies do not qualify for expungement.
Why it matters?
It is important to allow workers with checkered pasts to rehabilitate into society. Not only does working reduce the rate of recidivism among individuals with a record, but it also serves as a fresh start for people who want a new beginning. It is a part of the human experience to seek redemption. We’ve all made mistakes in our lives, often to our own detriment. Many times, we can pick up our lives and heal from the wounds of our past.
If you are an employee with questions, Fernee Kelly Law is ready to assist with a substantive legal consultation. If you are an employer concerned about practices related to hiring employees with criminal backgrounds, Fernee Kelly Law is ready to lend its knowledge and experience crafting practical policies to keep you compliant and making the best decision for your business.
-JRS for the Firm