When Bad Things Happen to Good Job Seekers
If life went as planned, we would learn all about life without having to get into trouble. For the most part, that has probably been true in your life- except for that one incident, for those two or three years before you got treatment, for that one bad business venture where you wound up with too much debt. Unfortunately, potential employers often seem to live in something of a fantasy world, where no one ever gets arrested, no one spends time in prison and no one ever files bankruptcy. (They are firmly grounded in reality, of course, and are actually concerned with that four-letter word known as risk.) If you are looking for a new job, how do you convince an employer that the person who was arrested five or ten years ago is not the person they would hire today?
First, forewarned is forearmed. Find out the laws in your state governing what a potential employer can and cannot ask you concerning criminal records. For instance, in California, potential employers cannot ask you about arrests that did not lead to conviction, nor can they ask about misdemeanors. So unless you have a felony conviction, a California employer shouldn’t be asking too much.
But, be sure you know about exceptions to the law. For example, in California, if you are applying for a job considered to be a “secure” job (i.e., a security guard, some banking jobs and some utility jobs), a potential employer can ask about otherwise excluded information. Check with your state Department of Labor and/or Department of Corrections about the laws in your state, or consult with an attorney.
In the case of a bankruptcy, a potential employer can check federal records to see if and when you filed. Your credit record will only reflect a bankruptcy for seven or ten years, but if the position is extremely sensitive (e.g. requiring a government security clearance), the potential employer is likely to go back as far as they can. Most private-sector employers have an authorization on the application (which you must sign) authorizing them to conduct a credit check.
Second, when you fill out your application, don’t write down any more than you are required to on an application. Keep any mention of a criminal record or bankruptcy limited to only when asked, and only the most basic information. Ideally, check that ominous little “Yes” box and, when pressed for more details (e.g. conviction, year, etc.) write: “More information available at interview”. You want to be honest, but you don’t want to screen yourself out of the job before you have had a chance to show that any mistakes you made are long past.
Third, think about what industries or professions might be more willing to forgive your past indiscretions. If you were convicted on drug charges, hospitals might be loathe to hire you, but an office job with routine drug screening might be more forgiving. If it was the protest that got you in trouble, a nonprofit employer might understand (or even appreciate) your activism, while a bank would shudder at the thought of your participation in any demonstration at all. Focus on potential employers who would take the least amount of risk in giving you a chance.
Fourth, think about what you learned from your mistake and how your employer would benefit. What lessons did you learn? What skills have you picked up in the process? Rehearse what you might say in an interview if you are asked about it. “Yes, Ms. Interviewer, I was convicted of assault. In the heat of a protest, I punched someone in the face. I felt ashamed after I did it, and realized I needed to improve my communication skills and my reaction to confrontation. After that episode, I took a courses in debate, verbal confrontation and non-violent problem-solving. I now also speak to high school kids about how not to let disagreements escalate into violence. And as an employee, I excel in getting my colleagues to come to a consensus without rancor or office politics.” Note the answer has to key elements: a) Take responsibility for what you did; and b) Explain the efforts you have made to learn from it. If you don’t take responsibility, most people (potential employers included) will assume you are going to make the same mistake again. If you don’t explain the efforts you have made to learn from it, then any apology sounds weak and half-hearted.
Lastly, be sure you know whether a record can be expunged from your record. Bankruptcies usually remain on your credit record for 7 or 10 years. Criminal records, depending on what the charges were and what state you live in, may or may not be expunged. Don’t assume that, because you were under 18 when the crime was committed, it will never show up to haunt you. Again, check with your state Department of Corrections or Department of Labor.
