Searching for a job can be tough, especially if you have a criminal record. Keep reading to learn how job applicants with criminal records are protected Federally and in the State of New Jersey.
A Criminal Record
Approximately one in every 3 Americans has a criminal record. A criminal record can be an arrest record, criminal charges, or a conviction. Any of these distinctions can lead to obstacles when it comes to finding a job, or obtaining higher training for an opportunity at a better job.
In New Jersey, the incarceration rate is 270 per 100,000 people (including prisons, jails, immigration detention, and juvenile detention facilities). This equates to New Jersey locking up a higher number of its people than almost any democratic country in the world! Yes, New Jersey has a higher incarceration rate than Canada, Italy, France, and the United Kingdom.
New Jersey releases approximately 110,000 men and 17,400 women from its prisons and jails each year. These people need jobs as they re-enter society, so it is important that there are safeguards in place to make sure they can find employment. In New Jersey, there are a number of protections offered when it comes to a potential employer searching your criminal record.
Impact on Employment
There is no doubt about it, a criminal record can negatively impact your chances at procuring a job in New Jersey. However, there are laws, like the New Jersey Opportunity to Compete Act, that states employers are not allowed to ask about criminal records on an employment application or during an initial interview. If they do, you can report them to the New Jersey Department of Labor.
Although the Opportunity to Compete Act gives some protection to those with a criminal record, once an initial interview is granted and completed with an applicant, the rules change. The law does not protect you from an employer asking about arrests or convictions in a second, third, fourth, etc. interview. Employers can also complete a background check after the initial interview but before offering you the job.
Exceptions do exist for employers. An employer may ask sooner about a criminal record sooner if:
- The position is in law enforcement, corrections, the judiciary, homeland security, or emergency management
- An arrest or conviction of a particular crime would make the applicant ineligible for the position by law
- A criminal background check for the position is required by law
- The employer has a program designed to hire people with a criminal past, or
- The applicant voluntarily discloses information about a criminal record
In addition, if you are convicted of a criminal offense once you begin a job and your employer requires you to report new arrests, you are not protected from disclosing that arrest, charge, or conviction. Therefore, obtaining a criminal record even after starting a job can adversely affect your employment.
Improving Your Chances
There are a few ways to better your chances of getting a job in New Jersey if you have a criminal record. These include:
Department of Labor and Workforce Development
The State of New Jersey offers assistance to those seeking employment through their One-Stop Career Centers. Trained staff are there to provide support, referrals for job opportunities, driver’s license restoration, referrals to community mental health resources, and job preparation services. Ex-offenders are able to take advantage of all of these offerings.
The staff at the One-Stop Career Centers can also provide access to Workforce Learning Link resources for ex-offenders. The Department of Labor and Workforce Development has partnered with the New Jersey Department of Corrections to bring Workforce Learning Link resources into prisons and halfway house facilities and have made slots available for those who wish to continue these courses after their release.
Expunge Your Record
A criminal background check will reveal your entire adult criminal history unless your conviction or convictions have been expunged. In 2019, New Jersey passed the Clean Slate Law that allows individuals with certain convictions over 10 years old to request that they be expunged. This law does not apply to serious offenses such as murder, rape, arson, robbery, and kidnapping.
It is a good idea to have an experienced lawyer represent you through the expungement process. The court system can be confusing, and having someone who knows what they are doing is an asset.
Having a criminal record can really alter the path of your life. If you have been accused of a crime, it is important to contact a criminal defense attorney who can help you. Avoiding a criminal record means better and easier opportunities at employment. However, an experienced attorney can also help to get your criminal record cleared if you meet the requirements to do so.
If you or someone you know has been accused of a crime or is having difficulty obtaining employment because of a criminal record, reach out to the team at the Law Offices of Robert J. DeGroot for assistance!
