Can someone with a criminal record be hired?

Question

Well my daughters father has a criminal record. He has been without any problems for sometime now. Plus finding out he had a daughter also is keeping him on the right track. Well I guess he can't hold a job or can't find one. But I know he can.
Everytime I talk with him he always says he can't get a job because of his record. But equal opportunity employment is what everyone holds as a written standard. So I don't know why he is always telling me NO ONE is going to hire him. Although I know plenty of people must be working in the United States that have criminal records. What can I do. I tell him that this is no excuse anymore.

Answer 1

It can be a challenge to get a job with a criminal record. As an employer, you would have discretion to hire/not hire a person on the basis of a criminal record.

If you had two applicants for the same job with the same qualifications, and one had a criminal history, and the other did not, which one would you hire? I don't know what state Terry A. is writing from, but in most places a criminal past is a perfectly legitimate reason to not hire a person, although there are some restrictions in many places as to exactly what information about a person's history you can demand from them.

That said, this does not mean that you won't be able to find ANY job.... People who get out of prison DO get jobs, after all.

Many states also control access to their computerized criminal records systems in a way that after a certain number of years, past convictions disappear from the version that is given to employers.

Certainly, a person with a criminal record should be able to get SOME kind of a job. Your daughter's father's problem might be more that he still *looks* and *acts* like a criminal/bum, not necessarily that employers are checking with the state and finding past convictions.

Answer 2

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Answer 3

you ask if a person with convictions or a criminal record can be hired? Yes, of course . However, I don't believe any of the city, county, state or government jobs will be an option and depending on the nature of the convictions, there may also be other barriers or limitations, depends on the nature of crime and the employment sought.The information technology and networking that's available now certainly presents a need for creative,alternative,aggressive, deliberate actions, choices and efforts to live with the consequences of mistakes etc.
It pays to be able to provide a well thought out resume or application, if this is the system of reaching out to potential employers that one may choose and probably the hardest.
An excellent way to approach employment would be through temp agency's or better yet Day Labor agency's, there are some who seek skilled labor and some who offer general labor jobs on a daily pay basis, They are almost always very low pay and require being in the office a few hours before the job would even start, if he even got sent to a job, this gets your foot in the door as long as he is consistent in being early, and has no complaints , the jobs will get better and the employer will request for the worker to return on a regular basis. This method gives a person seeking a permanent job that's a good fit the chance to learn , who's hiring, where there are possibilities, whether or not he would like to work for someone or at something, even i the company wants him , a temp also has the advantage of not returning to a place that isn't for him.
A temp can prove their value and be considered for the position over an outside applicant because he has shown by performance he is worth hiring and usually the manager or supervisor will go to bat for the temp., A good attitude will attract the opportunities. Networking by word of mouth or referrals from another person is an option, Volunteering in a capacity that may have an interest will not only bring good luck but can help in meeting a person who can open a door , learn new skills , build a history and account for your positive involvement in the community, good attracts good, people are more likely to overlook the past when you are actively involved in your day to day life.There are many reasons why a man or woman may be starting from scratch or in a new town or just reinventing their circumstances. Using a local publication , or an Internet site like http://www.craigslist.org to post an offer of services or to pick up jobs or sign up for focus groups, research studies etc to earn cash here and there is an excellent source if you live in or near a city that is on the menu.
The government also has incentive programs for employers who hire folks with a record, and the state employment offices also have someone assigned to assisting and specifically are aware of the employers who hire those with a record and will give you relative sources for getting you hired.
Sometimes it pays to be forthright about your goal to overcome the obstacle. It's hard yes, but that's the consequences of what we choose to do in our lives., and despite the difficulties there is often growth and positive experiences that come from finding initiative and creative solutions to cope that add dimension to the character of the person doing what they have to do to find their way

Answer 4

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Answer 5

The man has no excuse for not finding a job. That is if he will accept a job for a lower wage and not a government job. If you are convicted of a felony it will be hard to get a job because most companies don't want felons working for them. They won't tell you because it is against the law so they make up other reasons not to hire you. All they have to say is we are not hiring right now but take your application. There are some jobs he could get if he just looked and didn't expect a lot of money.

Answer 6

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You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.

Answer 7

He has to start with a low paying job, and work up. He may be trying to get employment in a position that will not allow people with criminal records to be hired. There are jobs out there, for anyone who is willing to work.

Answer 8

Technically yes, but in practice no. Noone can fire you or refuse to hire you based on criminal record, sex, orientation, age, race or anything really, but unless they explicitly say, no because of x and y, you can't fight it. Most places will choose not to hire you for undisclosed reasons, which is perfectly legal, as you cannot force a company to hire someone for any reason. Firing is very different, but still useless to fight, because if you get to retain your job then your reward is you get to work with people who don't want you around day in- day out. I agree with you when you say affirmative action is bullshit. To make a company hire inferior workers to fill a quota, instead of hiring the best they can find reguardless of creed, is reverse racism, reverse sexism and reverse discrimination. Afirmative action only hurts people and turns business into charity.

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Answer 9

Of course he can have a job. Martha Stewart has a job. Seriously, he may have to work for a fairly low paid job to start. It also depends on what he did. some companies get tax credits for hiring people with criminal records. He can find a job, but it will be difficult. He has to understand it will take more work, but once he re-establishes himself, he'll be able to do fine.

Answer 10

I'm not trying to bust anyone else's answer, but you are getting some incorrect information.

First of all, he doesn't HAVE to start with a low paying job as his penance for having a criminal record. There are plenty of high paying, blue collar jobs out there... but he MAY have to start with a low paying job if he has no experience and that's just reality.

Second, employers most certainly do NOT have the "discretion" to just not hire someone based on a criminal record. There are plenty of companies that do, but that doesn't make it legal. There are still guidelines that should be followed and companies who have a blanket policy of not hiring anyone with a criminal record are putting themselves at risk. It depends on the nature of his crimes, how many, and the industry he is applying in. (i.e. If he has theft on his record, he's not going to be hired in a bank or as a cashier... if he has DUI's, he won't be hired in a driving position, etc... )

Further, there are plenty of smaller employers who simply don't check backgrounds and are willing to hire anyone as long as they are willing to work... but you guessed it, these are going to be mom & pop type businesses who need manual labor... but again, doesn't necessarily mean they will be low-paying!

Third, employers who choose not to hire someone because of a criminal record can and in most cases (depending on how they conduct their background checks) are REQUIRED to tell an applicant if they are unable to hire them because of items on the background... at which time, they are also required to include a copy of all reports run (i.e. criminal, employment verification, driving record, etc...).

(So no, it's not against the law for the employer to tell them that's the reason, in fact, it's more likely to be against the law if the employer does essentially "lie" and tell them it was for another reason)

The law under the FCRA (www.ftc.gov) is that if a company uses another company to conduct their background checks for them, then they are required to notify the applicant if they are not selected as a result of the background check.

The other thing to keep in mind is that most states (and most employers on a national level), will only look back 7 years. And in many cases - they will look for patterns of offenses, so if it has been a while since he's been in trouble, then his chances do increase for him to be able to get a job.

Also, one of the BIGGEST reasons people lose out on positions because of their criminal background is not for the crimes themselves - but for failing to disclose the crimes on the application - which is basically lying and considered falsification of the application. I see this ALL THE TIME.

Hopefully that helps. The bottom line is that it all depends on the nature and severity of the offense and yes, what company policy is (and then of course how honest he is being with you!)

I've given you a link to a document that explains the FCRA. I know how ex-spouse situations can go and it may be a situation in which it doesn't matter what YOU say... but if you can show him... who knows... the FCRA is the Fair Credit Reporting Act, but it was revised a few years to cover any agency that pulls any kind of reports on people, so don't let the name confuse you.

Good luck...