If you have a criminal record, you may find it harder to land a job. Prospective employers may be impressed with your skills and experience. But when they run a background check, they may suddenly lose interest in hiring you and decide to go with another candidate.
In some cases, you may even think that this is a form of discrimination. Is it actually legal for employers to hold your record against you?
They can take your criminal record into account
It is not automatically discrimination if an employer refuses to hire you based on a criminal record. It only becomes discrimination if there are other factors involved.
For example, if an employer was willing to hire Caucasian men who had criminal records but refused to hire African American men with the same criminal records, this could be a form of racial discrimination. The employer would be using the criminal record as an excuse, but would clearly be making the decision based on race.
But as long as all things are equal in other respects, an employer can decide to go with another candidate who does not have a record.
The value of post-conviction relief
This is part of the reason that post-conviction relief options, such as having your record sealed or expunged, are so valuable. Even if your record still exists, you may be able to have it sealed so that it does not show up on a background check. This can open doors to employment that may be hard to find otherwise. Be sure you know exactly what legal steps to take while exploring these options.