How a Criminal Record Affects Employment

An estimated 15% of Connecticut residents have a criminal conviction, and 6% have been convicted of a felony. Studies show that employers are 60% more likely to call back candidates who do not have a felony conviction than those who do. The financial impact does not end there. A U.S. Chamber of Commerce Workforce Analysis reveals that individuals who served time in prison earn almost 52% less than individuals without a felony conviction, and that even misdemeanor convictions result in a 16% wage reduction.

Employers have a range of tools to screen applicants, including criminal background checks. In today’s competitive job market, a criminal conviction can mean the difference between getting a job offer versus not even being invited for an interview.

Key Takeaways

• Despite legal protections for individuals with criminal convictions, employers may still learn about them through criminal background checks or, in certain situations, through a job application.
• Employers consider a variety of factors when deciding whether to hire an applicant with a criminal record, including the nature of the position, the nature of the offense, how long ago it occurred, and the risk the conviction may pose to the organization.
• Connecticut’s “ban the box” initiative and Clean Slate Law protect individuals with a criminal conviction during the job application process and treat violations as a form of discrimination. Nonetheless, some individuals may consider criminal record expungement to seal their criminal record.

How Employers Learn About Criminal Convictions

Potential employers may learn about an applicant’s criminal record by conducting a background check or, in certain situations, as part of the application process. A criminal record can affect employment at the following stages:

Background Checks

Criminal background checks have become standard for many employers. Applicants with a criminal conviction may be less likely to receive a job offer, or the offer may be contingent on successfully passing the background check.

Employers in certain industries, such as finance and healthcare, may have a legal obligation to conduct a background check. Similarly, employers in law enforcement and positions of public trust, like government agencies, may not hire applicants with a criminal record.

Job Applications

Some employers can require job applicants to disclose any criminal convictions on their job application. Depending on the employer and the nature of the position, certain convictions may automatically disqualify a job applicant. This is particularly true in jobs that require a high level of trust, such as positions in finance, healthcare, or law enforcement. For employers who are willing to consider applicants with a criminal conviction, an applicant's criminal record may make them a less appealing candidate.

What Employers Consider When Deciding to Hire Someone with a Criminal Conviction

When deciding whether to hire an applicant with a criminal record, employers may consider factors such as:

• The nature of the offense. Employers may be more willing to hire someone with a conviction for certain types of offenses, such as a non-violent crime or a minor offense. They are more likely to have a negative view of violent crimes and crimes related to theft or fraud.
• How long ago the offense occurred. Employers are more likely to overlook an offense that occurred years ago, particularly if the offender has not been involved in any additional criminal activity.
• The relevance of the offense to the job duties. An employer is more likely to hire someone with a criminal offense that is unrelated to the job duties. For example, someone with a drug conviction may be considered for a job in marketing, but not for working in a pharmacy or hospital.
• The employee’s steps after the conviction. Employers are more likely to take a favorable view of individuals who took steps to address the underlying issues that led to the conviction, such as participating in a treatment program.
• Risk to the organization. Employers will likely consider the risk an individual with a criminal conviction may pose to the organization, such as the potential for violence, theft, or fraud.

Legal Protections for Job Applicants with a Criminal Conviction

Connecticut’s “ban the box” law, “An Act Concerning Fair Chance Employment,” went into effect on January 1, 2017. It stops many public and private employers from asking about an applicant’s criminal history on a job application. Nevertheless, a criminal record can affect employment as employers can still run background checks or ask about an applicant’s criminal history later in the hiring process, such as during an interview. Employers can still ask about criminal convictions if required by state or federal law or if the position requires a fidelity bond or equivalent.

Connecticut’s Clean Slate Law

Connecticut’s Clean Slate Law erases certain misdemeanor and felony convictions, including Class D and Class E felonies, as well as many misdemeanor convictions:

• Eligible misdemeanor convictions are automatically erased 7 years from the date of the most recent conviction.
• Eligible Class D and Class E felonies are automatically erased 10 years from the date of the most recent conviction.

Individuals whose criminal records have been erased are treated as if the conviction never happened and can lawfully answer that they do not have a criminal record.

How The Lebedevitch Law Firm, LLC, Can Help

A criminal conviction does not have to be a permanent barrier to employment success. Individuals with convictions that do not qualify for automatic erasure or who do not want to wait can apply for expungement. The Lebedevitch Law Firm, LLC defends individuals who have been charged with crimes and works with people with criminal records to help them overcome criminal convictions.

Based in Fairfield, Connecticut, we represent clients in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut. Contact The Lebedevitch Law Firm today to schedule an appointment to discuss how your criminal record can affect employment and how we can assist you.