Is it right for job applications to ask if you've ever been convicted of a misdemeanor?

Question

I face discrimination all the time because of job applications that ask if you've ever been convicted of a crime (felony or misdemeanor). Now, when I was younger they only asked if you've ever been convicted of a felony. I can understand about certain felonies, but misdemeanors? Come on. I was convicted of writing a bad check over 10 years ago. I paid my fines and made retribution. A year ago while searching for part-time work while attending college again, I could not for the life of me get a job. I'm highly trained and skilled with computers, but nobody would hire me. I finally resorted to applying for minimum wage jobs and even got denied them. Finally, I lied on the application and said I've never been convicted of a crime. Only then did I get a job.

At this job, I asked my boss what he looks for on an app. He said, a criminal record. If they have one, then file it away.

Whatever happened to do the crime, do your time? Will I be punished for a bad check for the rest of my life?

Whoops, I committed another crime by lying on an application in order to get a job because of having committed a crime. I guess once a criminal, always a criminal...

You know, people do change. I was young and partying a lot then. I'm not anywhere near the kind of person that I used to be.

And before you go giving your self righteous answers, might I add that we have all committed crimes, not all of us have been caught.

Answer 1

Unfortunately, you are in a catch 22, it may be legal but, your right, it doesn't seem fair if the company doesn't take time to give you an interview to discuss the charges and all you can do is lie on your app. Misdemeanors are pretty much the norm nowadays. Sorry for this happening to you but, "you do a crime, you do the time" over and over again. Felonies are without a doubt much worse. There is always the American dream, be your own boss! I empathize with you.

Answer 2

Yes perspective employer's have the right to ask about a misdemeanor record. There is a possibility that after so long a period of time your misdemeanor may no longer be on your record. I would also take this opportunity to state a non self righteous comment, not all of has commited a crime. Your last statement is actually, If you can't do the time, then don't do the crime."

Answer 3

Discrimination based on a criminal history is perfectly legal. Your criminal history tells a potential employer that you have previously demonstrated an ability to lie, cheat and steal. Employers are well within their right to not want to hire people who lie, cheat and steal.

Yes, you have once again demonstrated your ability to lie by not revealing your criminal past and your employer will have every right to fire you based on that lie.

I think if you look at it from another angle, you will get a better idea of why this is right; just think, if your new potential employer had a history of hiring new employees and working them like dogs for a few weeks, then firing them without cause and refusing to pay them, wouldn't you like to know that before you went to work there? If you ask about turn-over during an interview and the employer refuses to respond, or lies, it is just as bad for you as your lies about your ciminal history is to the potential employer.

Yes, there is such a thing as learning from your mistakes, but you have to actually learn from your mistakes, own up to them, face the music, be honest about them and be ready to explain, without excuses (you were young and partied alot), why you did what you did and why you wouldn't do it again. It is apparent from your story that you are not at that point just yet.

I wish you the best of luck! As you mature you will come to realize that there is more to paying from your mistakes than simply doing the time.

Answer 4

It is perfectly legal and normal to ask if you have ever been convicted of any crime, Normally they do not ask about driving record unless you will be driving a company vechile.

And it is not illegal to "discriminte" based on criminal record.

What they are doing is setting standards of employment
And you are lucky in that they did not actually do a back ground check, most companies do. But also if they ever find out, then they will fire you for lying on the application.

Answer 5

I think it's ridiculous that you would not be offered a job because of a bad check written a decade ago! I would have done the same thing in your situation. I know I've had financial troubles in the past - who hasn't?? Sometimes you just do what you have to in order to eat. I don't agree with being punished years later for being young and broke.

Answer 6

I think the reason that they ask is b/c they want to find out what kind of person you are. Also just to let you know when you lied on your application that could have fired you when they found out you lied and also they could have found out that you had wrote a bad check if they did a background check. So it is just better to be honest.

Answer 7

in canada, the only question they can ask you is "have you been convicted for a crime for which you have not received a pardon."

not sure if you can get a pardon in your country, but you might want to look into it. then you can answer honestly by saying "I have no criminal record"

Answer 8

I think it is just fine. That gives the employer the oppurtunity to make a better choice of character.

And as for do the crime, do your time. Sorry buddy, it just doesn't work that way. Once a criminal, always a criminal.

Answer 9

i think it would be alright if they added 'in the last 5 years'. in the uk you can serve on a jury as long as you haven't committed the crime in the last 5 years and i think its a good system, i think its wrong to keep punishing someone when they've already had their punishment.

Answer 10

Unfortunately you will screw up your life if you do things like write bad checks, sometimes the time you must serve is a lifetime of people being suspicious of you and never trusting you since you messed up! You should have thought of that when you were stealing. Stigmas such as that will follow you forever!