Criminal Convictions and Employment Opportunities

If you are arrested and charged with a crime, you need an experienced criminal attorney to handle your case to ensure that all aspects of your matter are considered and addressed.

Most people know that criminal convictions can result in jail and probation sentences, but many people are not aware that a criminal conviction can also lead to collateral (secondary) consequences.

If you are arrested and charged with a crime, you need an experienced criminal attorney to handle your case to ensure that all aspects of your matter are considered and addressed.

Most people know that criminal convictions can result in jail and probation sentences, but many people are not aware that a criminal conviction can also lead to collateral (secondary) consequences.

In today’s economy, it can be very difficult to find a job if you have a criminal conviction on your record.  In New York, employers are not permitted to question you regarding arrests, but they can inquire into prior criminal convictions.

While employers are not legally permitted under Title VII of the Civil Rights Act to deny an applicant a position based solely on their criminal record, they may be able to deny an applicant if there is a relationship between the conviction and the position, or if the conviction demonstrates that the applicant could pose a reasonable risk to property and others.

Factors an employer may take into consideration are the seriousness of the offense, whether the conviction affects the applicant’s potential to perform, how long ago the conviction was, and whether you’ve acquired a Certificate of Good Conduct or a Certificate of Relief From Disabilities.  However, even if you are eligible for a certificate, it only creates a presumption that you have been rehabilitated, and still does not guarantee you will be hired.

If you are denied a position and have a criminal record, you may request in writing the reason you were denied.  New York State Law requires that the employer respond to your request within 30 days.

You may also wish to look into what appears on your RAP sheet before sending it to employers.  The New York State Division of Criminal Justice Services keeps all criminal records on file.  However, sometimes mistakes may appear on these records.  For example, arrest warrants that have been vacated or a conviction that should have been dismissed or sealed may still appear.  If this is the case, you may need to make a motion to seal in court. If you have already been convicted of a crime, you might consider applying to the sentencing court for a Certificate of Good Conduct or a Certificate of Relief from Disabilities.

For these reasons, it is best to avoid a criminal record in the first place.

If you’ve been arrested, it is best to seek an experienced Criminal Defense Attorney to give you legal representation and protection.  Call the Suffolk County Criminal Defense Attorneys at McGuire and Pelaez at (631)348-1702.