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The Impact of a Criminal Record on Employment in New Jersey
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Getting a job with a criminal record in New Jersey can be tough.
There are laws that restrict what employers can ask about your past, but even so, many companies are reluctant to hire people who’ve been in trouble with the law. This article explains the key things you need to know if you’re trying to get a job in New Jersey with a record.
What Employers Can and Can’t Ask
New Jersey has a law called the Opportunity to Compete Act that limits how and when employers can ask about your criminal history. The law applies to all businesses with 15 or more employees. Here’s what it says:
- Employers can’t put in their job ads that people with records “need not apply.” They have to consider everyone.
- They can’t ask about your criminal record on the initial job application form – they have to wait until later in the hiring process.
- They can only ask about and consider convictions that are directly related to the job.
- There’s also something called the “seven year rule” – convictions more than 7 years old shouldn’t generally be considered.
So in theory, the law gives you a chance to get your foot in the door and explain your background before being judged. Of course, that doesn’t always happen in practice.
Getting Your Record Expunged
One of the best things you can do to improve your chances is get certain convictions expunged from your record if possible. An expungement legally deletes eligible offenses so they don’t show up on background checks.
Types of convictions that may be expunged in NJ include:
- Most disorderly persons offenses
- Petty disorderly persons offenses
- Municipal ordinance violations
If you qualify, going through the expungement process can really help with getting hired. Employers won’t see those old charges.
Be Prepared to Explain Yourself
Even if you get your record cleared, there still may be some convictions left that you’ll have to talk about. The key is being prepared to explain yourself honestly and take responsibility.
When asked about your record in an interview, don’t make excuses or blame others. Calmly explain the facts of what happened and emphasize how you’ve changed. Talk about any counseling, education or training you’ve completed. And discuss the skills you have that make you a good fit for the job.
Coming across sincerely and positively can go a long way toward overcoming concerns about your background.
Certain Jobs Are Off Limits
While the Opportunity to Compete Act helps in many cases, it doesn’t apply to all jobs. There are certain careers where employers can automatically disqualify you just for having a criminal conviction:
- Jobs working with kids, the elderly and disabled
- Law enforcement
- Government jobs
- Jobs that require security clearances
- Many healthcare jobs
- School bus drivers
- Casino employees
- Financial and banking jobs
So if you have convictions for serious crimes like assault, sex offenses, fraud or theft, forget about these types of work. Focus your search instead on jobs in construction, food service, manual labor, factory work, landscaping, sanitation or other roles open to people with records.
Getting an Occupational License
For some skilled trades like electrician, plumber and HVAC technician you need to get a special license from the state before you can work. And the license application will ask about your criminal history.
Licensing boards have broad authority to deny a license over pretty much any kind of conviction they think is relevant. But you can submit evidence of rehabilitation and they must consider it.
Having solid work references, completing counseling programs, staying clean if drugs were involved, and showing why you’re no longer a risk are all important. It still may be a challenge depending on your record, but it’s possible with the right evidence.
Federal Bonding Program
Another good resource is the Federal Bonding Program which provides insurance to employers who hire ex-offenders and other high-risk applicants. The insurance protects them in case you steal property or money on the job.
This free bonding service removes a big reason companies avoid hiring people with records – the fear of liability. If you tell employers about bonding, it can make them more comfortable bringing you on board.
Don’t Give Up – Keep Trying
As frustrating as it can be, looking for work with a record requires dedication and persistence. You’ll probably have to apply to a lot more jobs than someone with a clean background before getting hired.
But there are employers out there willing to give people second chances if you have the right skills and attitude. Have people review your resume, practice interviews and keep networking and applying. Don’t let rejections stop you from ultimately finding an opportunity.
With preparation, making use of resources like expungement and bonding, highlighting your strengths, and refusing to quit, you can overcome the barriers of a criminal record. It may take 100 applications, or 500, but if you stick with it there are jobs out there for you.