How a Criminal Record Can Impact Employment Opportunities

A criminal record can result in more than jail time and steep fines; it can also affect job prospects. With employers screening applicants and both employers and licensing boards showing bias in hiring, you may feel your career opportunities are limited. The extent to which your employment opportunities will be impacted depends on the industry you work in and the nature of the offense. If you have recently been denied a work opportunity due to a criminal record, our Gaffney criminal defense lawyers at Parker & Bain, LLC, would like to speak with you.

Background Checks

Many employers, especially mid-size to large companies, run background checks as a standard part of the hiring process. Unfortunately, a criminal record can lead to your application being rejected outright, even if you are otherwise the most qualified candidate. Violent crimes and felony offenses will be given more weight than minor offenses, with older convictions often viewed less critically than newer ones.

Employer Bias

Hiring managers may be hesitant to bring on someone with a criminal record, even if there is no company policy addressing it. This bias may apply regardless of how long ago the offense occurred or its relevance to the role.

Licensing Boards

Certain professions require state or professional licensure, such as healthcare, law, education, childcare, real estate, and more. Many licensing boards may deny, suspend, or revoke a license based on a criminal conviction. With licensing boards limiting ex-convicts’ opportunities to earn a living, a 2023 law aims to give these individuals a fresh start. Known as the Earn and Learn Act, the law prohibits state agencies from denying an occupational license based on an applicant’s criminal history. For a state agency to deny an occupational license, the offense must be related to the job duties and responsibilities.

Industry-Specific Exclusions

Certain offenses can prevent you from working in heavily regulated industries, including finance, healthcare, education, or law enforcement. For example, people convicted of violent crimes, child exploitation offenses, or offenses involving material harmful to minors are prohibited from teaching in South Carolina. A conviction can also prevent you from working in a government position, since these roles require security clearances that a criminal record can jeopardize.

Bonding and Insurance Issues

Jobs that require handling money, valuable items, or personal information may require employees to be bonded. Bonding companies may deny coverage for people with certain convictions, making some ineligible for the position.

Expungement as a Legal Protection

While many U.S. states and cities prohibit public employers from asking about criminal history on initial applications, no statewide “ban the box” law currently exists in South Carolina. However, other protections do exist, including expungement, which will clear the offense from public background checks. In South Carolina, the Solicitor’s office handles the vast majority of expungement applications. To qualify for expungement, you must have no criminal convictions for three to five years (depending on the type of offense). This includes offenses committed in other states. However, expungement is not available for felonies and is generally not available for violent offenses.

An expungement signals rehabilitation, reopening doors. Given the barriers that former convicts already face, any steps you can take to protect your civil rights can be beneficial as you reintegrate into society. If you would like to learn more about expungement and other legal protections, do not hesitate to contact our Gaffney criminal defense lawyers.

Job Difficulties? Speak with Our Gaffney Criminal Defense Lawyers at Your Earliest Convenience

If you or a loved one is attempting to reenter the workforce after a conviction, our Gaffney criminal defense attorneys are here to help. With over 20 years of combined experience, we proudly give each case the time and attention it deserves. If you would like to discuss what legal protections may apply to your situation, contact Parker & Bain, LLC. To schedule your consultation, our office can be reached online or by calling (864) 252-2650.