The Impact of Criminal Records on Future Employment in Orlando

How Does a Criminal Record Affect Job Applicants?

Many job applications require disclosure of previous criminal convictions, and this step alone can disqualify or hinder an applicant’s employment prospects. This is especially true for professions requiring a high level of trust, like finance, healthcare, or law enforcement. It is common for employers in these fields to have a policy of refusing to hire individuals with certain criminal convictions, even if the conviction does not pertain to the duties of the job.

If an employer is willing to hire an individual with a criminal record, then the applicant’s conviction may make them less competitive with other applicants. Employers view criminal activity as a risk and cause for concern about the potential for legal liability or negative publicity.

An employer may choose to hire an individual with a criminal record under the agreement that the applicant successfully demonstrates they have taken appropriate steps for rehabilitation and minimize the risk of future criminal behavior.

What Laws Pertain to Criminal Record Use During the Hiring Process?

One of the main concerns for criminal offenders beginning the job application process is what an employer finds in a background check. Two federal laws offer some protection:

• The Fair Credit Reporting Act imposes obligations on any employer requesting criminal background checks and on the firms providing them.
• The Equal Employment Opportunity Commission guides employers on how to screen applicants whose records pose an unreasonable risk without committing discrimination.

At the state level, Florida prohibits the denial of a license, permit, or certificate in a particular profession or industry because of a prior conviction unless the conviction was a felony or first-degree misdemeanor that is directly related to the type of work that will be done.

What do Employers Consider When Hiring a Criminal Offender?

Employers must consider several factors to determine the suitability of an applicant with a criminal record for a position. Some factors include:

• The nature of the offense: Non-violent and misdemeanor offenses may be more easily overlooked than violent crimes, theft, or fraud.
• When the offense occurred: Employers may choose to dismiss an offense that occurred several years ago, especially in the absence of additional offenses.
• How the offense pertains to the job: An offense that is not directly related to the job duties and responsibilities may also be more easily overlooked.
• The level of remorse and rehabilitation: Employers may consider any steps taken to address the issue that led to the criminal activity, such as enrollment in a treatment program or a commitment to community service.
• The potential risk to the organization: Employers often consider the risk of an individual to the organization, such as the risk of theft, fraud, or workplace violence.

How Does a Criminal Record Impact Professional Licenses?

Any industry requiring a professional license for employment may revoke the license from an offender, especially if the offense is related to the field. Typically, crimes that require immediate revocation of a professional license are felonies and a crime that requires registration. Professions requiring a license include:

• Law
• Accounting
• Teaching
• Medicine
• Nursing
• Psychology
• Dentistry
• Pharmacy
• Veterinary Medicine
• Engineering
• Commercial Driving
• Architecture

Can a Criminal Offense Result in the Loss of a Driver’s License?

In the United States, where public transit is not always a feasible option, the loss of a driver’s license can mean a loss of employment without a means of transportation to and from work. Some convictions warrant the suspension or revocation of a driver’s license. In the State of Florida, a license may be suspended for failure to comply with or appear at a Traffic Summons, failure to pay fines, failure to complete a driver improvement class, or if the DMV determines a person to be physically or mentally incapable of the safe operation of a motor vehicle. Conviction of a DUI resulting in severe injury or death will cause a license suspension for up to one year.

Three or more specific criminal convictions or offenses within five years could result in a court-ordered designation as a Habitual Traffic Offender and a five-year license revocation.
Such convictions include:

• DUI
• Voluntary or involuntary manslaughter
• Felonies involving the use of a motor vehicle
• Driving with a suspended or revoked license
• Failure to stop and render aid at a crash
• Driving a commercial vehicle without proper qualifications

A person may also be considered a Habitual Traffic Offender if they have 15 moving violation convictions in a five-year period.

How Can the Effects of a Criminal Record be Mitigated for Employment?

Despite the severe consequences associated with a criminal record, some steps may be taken to help lessen the impact of a conviction to aid in employment possibilities. Those steps include the following:

• Expungement and sealing of records: Expungement involves the legal process of erasing the record of a criminal conviction while sealing the record limits access from outside parties. Certain offenses are eligible for expungement and sealing.
• Pursuing education and training: Furthering education and training will allow more opportunities for employment, with many options available specifically for criminal offenders.
• Utilizing a support network: Community organizations, friends, and family can provide valuable advice, resources, and encouragement to help maintain focus on goals and growth.

Do I Need an Attorney?

A criminal record can have long-lasting and far-reaching impacts on your professional and personal life. You must have legal representation you can count on when you are working to safeguard your future. Call Panella Law Firm today at 407-233-1822 or fill out a contact form for a free consultation.