A criminal record can affect a job search, but it does not automatically end it
Employers in the United States may consider criminal-history information in many hiring decisions, but the rules are more complicated than “record = no job.” Arrests and convictions are treated differently, some positions have specific legal disqualifications, many jurisdictions restrict when employers may ask about criminal history, and employers using a commercial background-check company must follow the Fair Credit Reporting Act.
Having a criminal record does not automatically mean you cannot be hired
The Equal Employment Opportunity Commission explains that employers may consider criminal records, but a blanket policy rejecting every applicant with any conviction can create legal problems, particularly when the policy disproportionately excludes protected groups and is not closely related to the work being performed.
For many jobs, the real question is not simply whether a record exists. Employers may consider whether the particular offense is relevant to the responsibilities, risks and circumstances of the job.
Nature and seriousness
What happened, what offense was involved and how serious was the conduct?
Time passed
How long has it been since the offense, conviction or completion of the sentence?
Nature of the job
What duties, access, responsibilities and risks are actually involved in the position?
These factors come from EEOC guidance concerning whether criminal-record screening is job-related and consistent with business necessity.
EEOC Criminal Record ResourcesAn arrest and a conviction are not the same thing
This distinction matters greatly in employment screening.
| Record | What it means | Employment significance |
|---|---|---|
| Arrest | A person was taken into custody or accused by law enforcement. | An arrest by itself is not proof that the person committed the offense. |
| Charge | A criminal allegation was formally filed. | The case may still end in dismissal, acquittal, diversion, conviction or another outcome. |
| Conviction | A finding or plea resulted in a criminal conviction. | Employers may consider relevant convictions subject to applicable law. |
| Dismissal | The charge was terminated without a conviction on that charge. | Do not report or describe a dismissed allegation as a conviction. |
| Expunged / sealed | Access to the record may be restricted under state law or court order. | What an applicant must disclose and what an employer may use depends on jurisdiction. |
Why the type of job matters
A criminal record that is highly relevant to one job may have little connection to another. This is why individualized, job-related analysis is important.
Financial access
A position handling substantial financial assets may raise different concerns from a job without access to money or sensitive financial systems.
Driving duties
A driving-related conviction may be more relevant to a position requiring regular operation of company vehicles than to a non-driving desk position.
Security-sensitive role
Some security, law-enforcement, aviation, healthcare or licensed positions can have statutory or regulatory restrictions that ordinary jobs do not.
What can appear in an employment background check?
Employment background reports can contain more than criminal cases. Depending on the employer, job and reporting company, the report may include:
- criminal court records
- conviction information
- pending criminal cases
- employment history
- education verification
- driving records for relevant jobs
- credit information where legally permitted
- professional licenses
- public records
- other lawful verification information
The exact scope depends on the employer’s screening package, the job, applicable law and what information can lawfully be reported.
The Fair Credit Reporting Act applies when an employer uses a background-screening company
When an employer obtains a criminal or other background report from a company in the business of compiling consumer information for employment decisions, the report is generally a consumer report under the Fair Credit Reporting Act.
The FCRA creates important procedural rights for applicants and employees.
Does an employer need permission to run a background check?
If an employer uses a third-party consumer reporting company, federal law generally requires the employer to tell the applicant or employee in writing that the report may be used for employment decisions.
The FTC says the disclosure must be presented in a stand-alone format and the employer must obtain written authorization before requesting the consumer report.
Before an employer rejects you because of a background report
If an employer is considering an adverse employment action because of information supplied by a background-reporting company, the FCRA requires a pre-adverse-action process.
Before the final decision, the employer should provide:
- a copy of the consumer report relied on
- a copy of the FCRA Summary of Rights
If the employer ultimately decides against you
When an employer takes final adverse action based on a third-party background report, the FTC explains that the employer must give additional information.
The notice generally tells you:
- that adverse action was taken because of information in the report
- the background-screening company’s name
- the screening company’s address and telephone number
- that the screening company did not make the hiring decision
- that you may dispute inaccurate or incomplete information
- that you may request another free copy of the report within the applicable FCRA period
FTC guidance currently explains that an applicant can request an additional free report from the reporting company within 60 days after the adverse-action notice.
“Ban the box” and fair-chance rules can change when employers ask about criminal history
Many states, counties and cities have fair-chance or “ban-the-box” laws. These laws do not all work the same way.
Depending on the jurisdiction, a law may:
- remove criminal-history questions from an initial application
- delay inquiries until after an interview
- delay inquiries until after a conditional offer
- require an individualized assessment
- limit which convictions may be considered
- require specific applicant notices
- restrict consideration of old records
- restrict consideration of arrests or sealed records
Federal jobs generally follow a separate Fair Chance process
For most federal positions, having a criminal record does not automatically disqualify an applicant.
The federal Fair Chance to Compete for Jobs Act generally prevents federal agencies from asking about an applicant’s criminal history before a conditional offer of employment, subject to specified exceptions.
Exceptions can include certain positions involving:
- law enforcement
- national security duties
- classified information
- positions where another law requires earlier criminal-history access
- certain political appointments
Some jobs have specific legal restrictions
A general fair-chance principle does not override a federal or state law that specifically disqualifies someone from a regulated position because of a particular conviction.
Examples can arise in fields involving:
Transportation and aviation
Certain security-sensitive transportation roles may have statutory conviction restrictions.
Healthcare and caregiving
State licensing and facility rules may restrict certain convictions for specific positions.
Financial services
Specific banking, fiduciary or financial regulations can affect eligibility for certain roles.
Law enforcement
Police, corrections and other justice positions can have stricter statutory or agency standards.
Child or vulnerable-person care
State law may impose conviction-based restrictions for positions involving vulnerable populations.
Occupational licenses
Licensing boards may apply offense-specific eligibility rules or individualized review procedures.
What to do before applying for jobs if you have a criminal record
One of the most useful things an applicant can do is learn exactly what their record says before an employer sees it.
Check your court records
Search the official court systems in jurisdictions where you had arrests or cases. Confirm the final disposition for every charge.
Request your own state criminal-history record
Many state police, bureaus of investigation or departments of public safety allow individuals to review their own criminal-history record.
Check for errors
Look for another person’s case, incorrect dates, missing dismissals, incorrect convictions or a disposition that was never updated.
Review sealing or expungement eligibility
State law may provide sealing, expungement, set-aside, certificate or other record-relief options.
Understand the job’s requirements
Read the posting carefully. Determine whether the position has a licensing, security-clearance or statutory background requirement.
Prepare a truthful, concise explanation if required
Focus on the accurate disposition, time passed, accountability, rehabilitation and why the old conduct does not prevent you from performing the current job safely and responsibly.
How to discuss a criminal record during the hiring process
If the employer is legally allowed to ask and the question applies to your record, answer truthfully—but answer the question actually asked.
Keep the facts clear
Explain what happened, the actual disposition and when the case ended without exaggerating or hiding information the application lawfully requires.
Show what changed
Employment history, education, certifications, treatment completion, community involvement and years without subsequent offenses can provide relevant context.
Do not call an arrest a conviction
If a charge was dismissed, explain the actual outcome accurately.
Do not guess about legal disclosure
Sealing, expungement and disclosure rules vary. Check the law applicable to the job location.
Expunged, sealed and dismissed records can be treated differently
States use different terminology and give different legal effects to record relief. An expunged record in one state may operate differently from a sealed, set-aside or dismissed record in another state.
Depending on state law, an applicant may be legally permitted not to disclose certain sealed or expunged information in many employment settings.
What to do when an employment background report is wrong
Criminal-background reports can contain errors. Common problems include records belonging to another person, outdated dispositions, duplicate cases or a dismissed charge being presented unclearly.
Get a copy of the report
If the employer is considering adverse action, FCRA procedures should give you access to the report used in the decision.
Identify the exact error
Record the case number, court, incorrect field, date and what the correct disposition should be.
Get official supporting records
Obtain a certified disposition, dismissal order or other official court document when possible.
Dispute with the screening company
Use the dispute procedure provided by the consumer reporting agency and provide your supporting evidence.
Correct the original government source if needed
If the court or state repository itself is wrong, use that agency’s correction procedure as well.
How to check what an employer may find before applying
There is no single public database that perfectly reproduces every employment background report. A practical self-check should cover the government sources most likely to contain your records.
You can also obtain your own FBI Identity History Summary if you want to review the fingerprint-based federal record associated with your fingerprints.
FBI Identity History SummaryEmployer checklist before using criminal-history information
Employers should separate three questions: Can we ask?, can we obtain the report?, and can we lawfully use this information for this particular job?
Check state and local fair-chance law
Determine when criminal-history questions and background checks are permitted in the hiring process.
Apply the same screening rules consistently
Do not subject applicants of one protected group to a different background-check standard.
Give the required FCRA disclosure
If using a consumer reporting agency, provide the stand-alone employment background-check disclosure.
Obtain written authorization
Get the applicant’s or employee’s permission before ordering the consumer report.
Assess job relevance
Consider the nature and gravity of the offense, time passed and the nature of the position.
Follow pre-adverse-action requirements
Before final adverse action based on the consumer report, provide the applicant a copy of the report and the Summary of Rights.
Give final adverse-action notice when applicable
Provide the required screening-company contact and dispute-right information.
Criminal-record screening still has to comply with anti-discrimination law
The EEOC enforces federal employment-discrimination laws covering race, color, religion, sex, national origin and other protected categories within its jurisdiction.
An employer may not use criminal-record checks differently because of an applicant’s race or national origin.
The EEOC also warns that a neutral-looking policy can create unlawful disparate impact if it disproportionately excludes a protected group and is not job-related and consistent with business necessity.
State and local law can provide stronger protections than federal law
Federal law is only one layer. States and cities may impose additional rules concerning:
- when an employer may ask about convictions
- when a background check may be ordered
- how far back records may be considered
- whether arrests can be considered
- sealed and expunged records
- individualized assessments
- notice before rejection
- waiting periods after pre-adverse notices
- credit-history checks
- salary and application requirements
Because these rules change, applicants and employers should check the state labor department, state civil-rights agency, attorney general, fair-employment agency and relevant city/county rules for the location where the job is performed.
When should you disclose a record on a job application?
Read the exact question and the law that applies to the job location. Do not volunteer inaccurate information, but do not make a false statement when disclosure is lawfully required.
Do not automatically list arrests
An arrest without conviction is not the same thing as a conviction unless the question and applicable law require additional information.
Check state law first
Some jurisdictions permit applicants to deny or omit certain sealed or expunged cases.
Timing may matter
Fair-chance rules may delay lawful criminal-history inquiries until later in the hiring process.
Practical job-search strategies when you have a record
Know your exact record
Do not rely on memory. Confirm what each court actually shows today.
Correct errors early
A missing dismissal or mistaken-identity record is easier to address before an offer is at risk.
Look for record relief
Investigate expungement, sealing, set-aside, certificates of rehabilitation or similar state remedies.
Target suitable jobs
Focus on jobs where an old offense has little connection to the actual work unless a statute says otherwise.
Prepare documentation
Keep court dispositions and record-relief orders available in case a background report is incomplete.
Use fair-chance resources
Federal, state and local workforce programs may offer reentry employment help and employer connections.
Common questions about criminal records and jobs
1. Can you get a job if you have a criminal record?
Yes. A criminal record does not automatically disqualify someone from most jobs. Eligibility depends on the offense, time passed, job duties, employer policy and any federal, state or local laws that specifically govern the position.
2. Can an employer reject someone just because they were arrested?
An arrest alone is not proof that the person committed a crime. EEOC guidance says employers should not exclude applicants simply because an arrest appears and should consider lawful, job-related information and applicable anti-discrimination rules.
3. Does an employer need my permission to run a criminal background check?
When an employer obtains an employment background report from a consumer reporting agency, the Fair Credit Reporting Act generally requires written disclosure and written authorization before the report is obtained.
4. Can an employer see an expunged or sealed record?
It depends on the jurisdiction, record-relief law and type of employer. Some sealed or expunged records are unavailable to ordinary private employers while certain government, licensing or criminal-justice agencies may retain access.
5. What happens if my background check is wrong?
Obtain a copy of the report, identify the inaccurate information and dispute it with the background-screening company. If the underlying court or state criminal-history record is also incorrect, use that government agency’s correction procedure too.
6. Does a felony automatically prevent federal employment?
No. OPM states that a criminal record is not an automatic bar to most federal jobs. Some positions have specific statutory restrictions, and agencies consider suitability and job relevance.
7. When can federal agencies ask about criminal history?
Under the federal Fair Chance Act, covered federal agencies generally delay criminal-history inquiries until after a conditional offer of employment. Certain law-enforcement, national-security, classified and legally exempt positions can follow different rules.
8. How far back can employment background checks go?
The answer depends on the type of information, federal law, state law and the screening purpose. Criminal convictions can be treated differently from other adverse information under the FCRA, while states may impose additional limits. Check the law where the job is located.
9. Can an employer run a background check after hiring me?
Employers may conduct background checks on existing employees in some circumstances. When a consumer reporting agency is used, FCRA disclosure and authorization requirements can still apply, and state or local law may impose additional restrictions.
10. Should I check my own criminal record before applying for jobs?
Yes, especially if you know a record exists. Reviewing official court and state criminal-history records can help you identify incorrect information, confirm dispositions and prepare accurate answers before an employer’s background check.
Official federal resources for applicants and employers
- EEOC — Arrest and Conviction Records: Resources for Job Seekers, Workers and Employers
- FTC — Background Checks: What Employers Need to Know
- FTC Consumer Advice — Employer Background Checks and Your Rights
- OPM — Criminal Records and Federal Employment
- U.S. Department of Labor — Fair Chance Act Information
- FBI — Identity History Summary Checks