Criminal convictions can be harmful to finding employment

A criminal conviction can lead to a vicious and well-known cycle; one mistake leads to difficulty finding employment, which makes it hard to reintegrate into society, which makes committing another criminal offense more likely.

Often, people with a criminal past just want to move on with their lives by finding gainful employment. That can be hard to do when no one will hire you, however.

This August, New Jersey became the latest state to pass “ban the box” legislation aimed at helping convicted criminal offenders find employment. The new law bans applications that automatically weed out applicants who have criminal records. The “Opportunity to Compete Act” limits the ability of employers to ask about an applicant’s criminal record until

• The employer conducts an interview, and
• Makes a determination whether the applicant is qualified, and
• Selected the employee as the first choice to fill a position.

At that point, the employer can conduct a background check and ask about a criminal record. The employer does not have to make a formal offer before asking about criminal history, which is slightly different than other states with similar legislation.

In addition, employers cannot ask at all about expunged records and arrests that did not result in a conviction.

Certain positions are exempted from the law, such as law enforcement and homeland security. So too are jobs that legally prohibit certain offenders from holding the position.

Along with the “ban the box” legislation, Governor Chris Christie also signed into law bail reform, which allows the release from jail for offenders who are awaiting trial for non-violent offenses without posting bail. This can be especially helpful for people who would lose their jobs while in jail.

Across the nation, states are rolling back on the extreme sentences imposed on non-violent offenders that came about after the “truth in sentencing” reforms of the mid-90s. That does not mean that anyone charged with a crime can get off easy once caught in the system, however.

A criminal conviction still has lasting consequences

While “ban the box” legislation is a promising development in New Jersey and across the nation, many obstacles remain for people who find themselves in America’s criminal justice system. Despite this legislation, stigma remains for people who have a criminal offense in their background. In addition to steep fines, potential jail time and more severe punishments for subsequent offenses, a criminal conviction can lead to difficulty finding housing, employment and even obtaining loans.

People in New Jersey accused of a crime should protect their rights from the outset. With so much at stake, people in New Jersey charged with a crime should immediately contact a skilled criminal defense attorney at Chamlin, Uliano & Walsh to protect their rights in court.

Keywords: Criminal record, job applications, ban the box, New Jersey law