Looking for a job is tough enough. But if you’ve ever been arrested, charged, or convicted of a crime, it can feel nearly impossible. You send out dozens of applications, nail the interview, and then, silence. You can’t help but wonder: Is my criminal record the reason?
You’re not alone. Millions of Americans face the same challenge every year. The good news? Having a record doesn’t automatically end your chances of landing a job. But understanding what employers really see, and what you can do about it, can make all the difference.
How Employers Run Background Checks
Most employers in the U.S. use background checks as part of their hiring process. These checks help verify your identity, work history, education, and, yes, your criminal history.
But here’s what many people don’t realize: Employers don’t all see the same information. What shows up depends on the type of check, the state you live in, and how long ago the offense occurred.
A standard background check might include:
- Past employment verification
- Education records
- Credit history (for financial roles)
- Criminal records from county, state, or federal courts
Some companies hire third-party screening services that follow the Fair Credit Reporting Act (FCRA). This is a federal law protecting your rights. That means employers must obtain your written consent before conducting a background check, and they must notify you if they plan to deny employment based on the results.
What Employers Really See
So, what exactly pops up when an employer checks your record? Here’s a breakdown:
1. Arrests and Convictions
Employers may see convictions (cases where you were found guilty or pled guilty), but arrests without convictions are often off-limits.
Many states restrict employers from considering arrests that didn’t lead to charges or were dismissed.
2. Pending Charges
If you’re currently facing charges, they may appear in a background check until the case is resolved.
3. Expunged or Sealed Records
Here’s the good news: expunged or sealed records usually don’t appear on standard background checks. If a court has officially cleared your record, it’s like it never happened in the eyes of most employers.
4. The Seven-Year Rule
Under the FCRA, many background check companies are limited to reporting non-conviction information from the past seven years. However, some states have stricter rules, while others allow reporting beyond that period for higher-paying jobs.
How a Criminal Record Can Affect Hiring Decisions
Let’s be real. Having a record can still impact your job search. Some employers are cautious about hiring someone with past offenses, especially for roles that involve money handling, security, or working with vulnerable groups.
But the keyword is can, not will.
1. Job Type Matters
An old misdemeanor for trespassing might not affect your application for a retail job, but it could matter if you’re applying for law enforcement or childcare.
2. State Laws Make a Big Difference
Many states now have “Ban the Box” laws, which prevent employers from asking about criminal history on initial job applications. These laws give you a fair shot to show your skills before your record becomes part of the discussion.
3. Employers Consider the Whole Picture
More companies are recognizing the importance of second-chance hiring. They value rehabilitation and personal growth over past mistakes.
If you’ve stayed out of trouble, completed your sentence, and can show a positive track record, many employers are willing to look beyond your history.
How to Handle a Criminal Record When Job Hunting
So, what can you actually do if your criminal record keeps holding you back? Here’s how to take control and boost your chances of landing that job.
1. Know What’s on Your Record
Start by running a background check on yourself. You can request one through your state police, the FBI Identity History Summary, or the local court. Knowing exactly what’s on your record prevents surprises during hiring.
2. Be Honest, but Strategic
If an application or interview asks about convictions, be truthful but brief. Focus on what you’ve learned, how you’ve changed, and what you’ve done since then.
For example:
“Yes, I had an issue several years ago, but I’ve completed all requirements, learned from the experience, and have maintained a clean record since.”
Honesty builds trust, and many employers appreciate transparency.
3. Highlight Your Skills and Growth
Employers want to hire capable and reliable people. Show them your work ethic, certifications, or volunteer experience. References from supervisors or community leaders can also go a long way.
4. Apply to Second-Chance Employers
A growing number of companies proudly hire people with criminal backgrounds. These include major brands such as Home Depot, Starbucks, Koch Industries, and Delta Air Lines, among others.
Search job boards like:
- 70 Million Jobs
- Honest Jobs
- Indeed, Second Chance Hiring
- Goodwill Career Centers
5. Consider Expungement
If you’re eligible, expungement or record sealing can dramatically improve your job prospects. Once expunged, your record is typically removed from public databases, meaning most employers will never see it.
You can check your state’s expungement laws or consult a lawyer to start the process. It takes time, but the payoff is worth it.
Or, make it easier with help from Clean Slate Docs. We handle the paperwork and filing for you, and our partnered attorney reviews your case to confirm you’re eligible before filing.
Check your eligibility It only takes 3 minutes.
Industries More Open to Second-Chance Hiring
Some fields are naturally more welcoming to applicants with a record, especially those that value hands-on experience and reliability over background checks. Examples include:
- Construction and skilled trades
- Hospitality and food service
- Manufacturing and warehousing
- Technology support and IT
- Entrepreneurship or freelance work
Many of these industries are also seeing labor shortages, which means employers are more open than ever to qualified, motivated workers, regardless of past mistakes.
When You’re Denied Because of a Record
Under federal law, if an employer denies you a job based on your background check, they must follow a process known as adverse action notice.
This means they must:
- Send you a copy of your background report.
- Give you a chance to explain or dispute inaccuracies.
- Provide a final written notice of their decision.
If you believe you were unfairly denied or your report was inaccurate, you can dispute the findings with the background check company or file a complaint with the Federal Trade Commission (FTC).
Frequently Asked Questions (FAQs)
- What do employers actually see on a background check?
Employers typically see convictions, pending charges, and sometimes arrests, but not expunged or sealed records.
- Can employers see expunged records?
No. Once a record is expunged or sealed, it generally won’t appear on standard background checks.
- Do all employers run background checks?
Not all. Smaller companies or certain industries may skip them, while others, like finance or healthcare, require them by law.
- Can I get hired if I have a felony?
Yes, but it depends on the job type, the nature of the offense, and how long ago it happened. Many companies now support second-chance hiring.
- How can I check my criminal record?
Request your record from your state’s criminal history repository, the FBI, or your local court to see what employers will view.
Moving Forward Without Fear
Your past doesn’t have to define your future. Take the next step today, check your record, know your rights, and explore options like expungement to open more job opportunities. The right employer is out there, and with the right preparation, you’ll be ready when opportunity knocks.
If your record is holding you back, take action, learn about expungement, keep your documents organized, and stay honest with employers. The effort you put in today could change your career path tomorrow.
You deserve to work, grow, and live without your past defining your opportunities.
Check your eligibility It only takes 3 minutes.