Many people have some kind of criminal past, and that record might make it difficult for them to get recruited by various employers. Even if they have not been convicted or charged with a crime, people with arrest records may have difficulty finding work. Despite this, many people with an arrest history have found work. Being proactive and honest in your job search will help you get employed if you have been arrested. Talking to an employment lawyer in Austin can also be very beneficial.
Arrest records and employment
Employers have the right to set policies about hiring people with criminal backgrounds. At the same time, federal and, in some cases, state regulations limit how criminal records, such as arrest records, can be considered in the hiring process. In several states, employers are not permitted to inquire about any arrests that have not led to a conviction during the process of hiring. To know about the laws specific to your state, you should seek the help of an attorney.
The Equal Employment Opportunity Commission does not allow companies to reject an employment application simply based on an arrest record at the federal level. Instead, the employer would have to research the facts surrounding the arrest to evaluate whether there are compelling reasons not to hire the candidate.
Employers have the authority to conduct background checks on employment applicants. However, an employer must obtain the applicant’s approval before making a background inquiry. A lot of third-party background checks include criminal record information, including arrests made within the last seven years. When someone applies for a job that pays $75,000 or more per year, the seven-year limitation is not applicable, and records of arrest may appear on the background inspection.
Under federal law, the employer must notify the applicant or employee whenever an employer makes an adverse employment decision based on a background check. Furthermore, the employer must offer a copy of the report utilized to make the hiring decision to the applicant or employee, as well as contact information for the organization that provided the report.
Talk to a lawyer.
If you have an arrest or criminal record and are applying for jobs, you may have many questions in your mind. The process can be confusing and exhausting, but an experienced employment lawyer can guide you and answer any questions. Do not waste any time. Schedule a consultation today and get the legal help you deserve.