Getting a job with a criminal record

Whether your story is similar to Cliff’s or not, know that help is available now. The New Leaf network was created to help people exercise their rights under the law in Illinois. 

Cliff realizes he might need some helping finding a job. He decides to look into what resources are available for people who are out of work.

There are agencies that can help people looking for jobs. There is job training available, as well as workforce development agencies. There are also agencies that focus on people re-entering society after incarceration.

With the help he found, Cliff is able to start looking for jobs and filling out applications. He notices that some of them ask about criminal records, while others don’t. He wants to find out why this is so he does some research.
 

Employers in Illinois cannot ask about criminal history on a job application. The effort to get rid of this question was called “ban the box.” This is because many applications simply had a box that you had to check saying you didn’t have a criminal record.

However, this only applies to employers with 15 or more employees. There are also exceptions for some jobs, like Emergency Medical Services (EMS) jobs.

Learn more about when you have to tell employers about your criminal record.

Cliff now understands a little bit more about his rights as a job applicant with a criminal record. But he also is curious about his other rights. For example, he knows that he is considered to have a disability now because of his football injury. He wants to know how much of that he has to talk about.

There are protections for people with disabilities when applying for jobs. For example, employers are not allowed to ask about your disability in the application or interview. However, federal and state laws differ on how people who use cannabis for a disability are treated. Learn more about cannabis and disability rights.

Cliff has also had some issues with his finances. He knows his credit score is not great. He is wondering if employers are allowed to ask about these things.

In general, Illinois employers can’t ask about your credit history in a job application or interview. There are some exceptions, like governments, banks, and insurance companies. But even they need your consent before pulling your report. Learn more about credit reports and job applications, and 5 types of background check when applying for a job. Employers also cannot ask you about your wage history.

Cliff has filled out a lot of applications and is starting to get requests for interviews. One job is working in the billing department of a hospital. He notices that this job seems to have the most requirements. He decides to do some research on the healthcare industry specifically.

There are a lot of laws that focus on jobs in the healthcare industry. This is because you could have access to patients’ private health records. However, it is still possible to get a job in healthcare with a criminal record.

Cliff has discovered that, even though they are not allowed to ask about his criminal history, employers are still finding out about it. His friend, who runs a business, says that it is very easy to find people’s criminal records. She suggests Cliff look into ways to clear his record, to make it harder to find.

There are ways to make your criminal record harder to find. Expungement is the strongest. It erases your record. However, not all records qualify. If you don’t qualify for expungement, you can try to have your record sealed. This hides your record from most employers, but not all. Learn more about expungement and sealing.

Even if you don’t quality for sealing, there are still other options available for clearing your record.

With some help, Cliff was able to seal his felony. He was also able to expunge his misdemeanor conviction because it was a minor cannabis offense. He talks to a lawyer about his rights now to find out what he does and doesn’t have to say.

Once you have a record sealed or expunged, it will be harder for employers to find. You can also legally say “no” to the question “have you ever been convicted of a crime?” However, remember that some employers can still see sealed records. Also, there may be third party websites that still have copies of the record. So the employer might still be able to find it. For this reason, many attorneys advise their clients to be open and honest about their record during the job interview. You can pivot back to your strengths quickly and focus on what you have done to improve yourself since your record happened.

Cliff was hired and has started work. However, he is a little worried because he still uses cannabis to cope with his chronic pain. He knows that it’s legal, but he has also seen “drug free workplace” signs up at his work. He wants to know if he can be fired if his work finds out he uses cannabis.
 

Using cannabis is legal in Illinois. However, there are many restrictions. This includes rules that employers can have about their employees. For example, you can’t use cannabis while on the job, or be under the influence of it. Employers can even use drug tests, and if you test positive for cannabis, you could be fired. This is because your employer could use this as evidence that you were under the influence on the job. Learn more about cannabis and employment.

Cannabis Regulation and Tax Act 410 ILCS 705/10-50
Right to Privacy in the Workplace Act 820 ILCS 55/12
Job Opportunities for Qualified Applicants Act 820 ILCS 75/1
Fair Credit Reporting Act 15 U.S. Code § 1681
Human Rights Act 775 ILCS 5/1-101
Juvenile Court Act 705 ILCS 405/5-915(8)(a)
Criminal Identification Act 20 ILCS 2630/0.01