Americans have become increasingly security conscious since 9/11. It is now common for someone who is seeking a job to find that a company checks criminal records as part of its hiring process. Some companies are even conducting background checks on long-time employees. This situation has resulted in some people finding that youthful indiscretions are now causing them a problem. Additionally, professional licensing boards in most states are required by law to do criminal record checks to make sure applicants have not been convicted of occupation-related crimes. Many people these days are finding that past offenses are becoming barriers to employment, or even causing them to lose their present jobs.

As part of the Government’s identity theft solutions a company must always obtain a prospective employee’s written consent before it can run a check and get criminal record information. Read your application carefully. Often the wording for obtaining consent for a criminal record check is written into the job application, though some companies use a separate consent form. Many states have laws limiting how far back they can check for convictions, or limiting the types of convictions they take into account for business or job-related offenses. Even if your record has been expunged, these types of offenses may still come up in a criminal records search. You may want to check with a lawyer to find out how far into the past an employer can look for arrests or convictions.

A state licensing board also checks criminal records of applicants in many professions. Teachers, health care workers, child or elder-care workers and accountants are examples of the types of people who may be subject to criminal record checks. In this case, the background check will probably be limited to occupation-related offenses. Thus, a conviction for larceny may not create a problem for someone who is applying for a license for massage therapy, but one for prostitution or another sexually related offense would. A criminal record will be especially problematic if you are applying for a license to work with vulnerable persons, such as children, the sick or the elderly.

A past criminal offense can create problems for a person who is looking for work. This is true whether an employer is doing a criminal records search or it is a state licensing board that checks criminal records. If the arrest or conviction was in the distant past, then having a clean criminal record in the years since can work in your favor. Having the conviction expunged from your record can also help in getting a job or a professional license. In either case, if you have had a past brush with the law, you should talk to an attorney to find out how offense will affect your being able to find work.

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