It is no big news that the economic meltdown has resulted in a lousy job market. What is new is the ongoing impact that tight job market has had on many workers who have been laid off or are only working part time. In applying for new employment they are encountering stricter hiring policies and tough competition. It is not uncommon on certain levels to find that you, the employment applicant is vying for a job where there are hundreds of others after the same position. I had one out of work applicant tell me with at least a smidgen of optimism that he made the cut and was among the forty initial finalists.
While there are so many warnings to job applicants that they can damage themselves with inappropriate postings on their social media sites, the stark fact remains that the major reason you can be denied employment is your criminal history. If an employer runs background checks, and most do, as part of their preemployment screening program, and they find criminal records, then there is a fair chance your application will be rejected in favor of someone who does not have a criminal history. Sometimes this isn’t fair, but it is what it is. Criminal records make employers nervous.
According to the Wall Street Journal, employment candidates are scrambling to have their criminal records sealed and expunged. When records are sealed or expunged, they should not be accessible through a background check. That being said, at Corra Group we sometimes find that there is a listing in the county criminal search where the court explains there was a record, but it is no longer there due to expungement. It’s like saying ignore the pink elephant in the living room. Given the scramble, the Wall Street Journal reported Oregon will be setting aside 33% more criminal records this year than last. In Michigan, the number is 45% records being set aside.
To be FCRA Complaint, The Fair Credit Reporting Act, employers are only supposed to consider convictions or criminal records for the past seven years. But reality does have its effect and if there are violent crimes or severe felonies, most employers will take those conditions into consideration. Employers will also question outstanding cases. Most will wonder why a criminal case is pending and hasn’t been resolved. Some will attribute lack of resolution to behavior characteristics evident in the candidate.
As for getting records expunged, it isn’t cheap, but it is often necessary. In this economic downturn when out of work people could use the extra bucks to weather the recession, they are loathe to lay out a thousand bucks or more to have their records expunged. But then to have that record haunting you and ruining your chances of employment is not a savory proposition for most employment candidates.
I have had people call me with reasonable concern that something they did as a younger person may come back to haunt them. These are middle class people; some have achieved a reasonable affluence and success in their careers. They made one mistake, cleaned up their lives and have been exemplary ever since. They have held good jobs and have had reputable track records. Still, in this economy and this job market, with the pickings slim, getting criminal records expunged or resolved can be viewed as a worthwhile investment.
