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Do companies have the right to exclude a candidate from a job position based on a felony conviction?
I was recently hired by an IT consulting firm to do a software deployment for a major bank. The consulting firm investigated my background, after I had fully disclosed the information to them. They found that my record SINCE the offense had been excellent and my references highly recommended me. They spoke with me personally about the details and circumstances of the offense and deemed that the nature of the offense and the time since the offense were not enough to keep them from hiring me for the position.
Their client, (the major bank), on the other hand, did no investigation, no personal contact, no nothing, except see that I have a felony conviction on my record from 14 years ago and immediately denied my presence on the project.
I freely admit to a mistake. I have gone on with a productive life and a proven track record since that time. How long do I have to pay for a mistake? Do I have ANY recourse in this matter? I have investigated having the conviction expunged from my record, only to be told that it was not possible due to my age at the time of the conviction. All I want is to provide a decent life for my wife and children. Does anyone have any suggestions at all?
There are many injustices in the criminal justice system. We have to change them, or live with them.
Living with them is diffcult, but they are what they are.
The solution to living with them is to avoid any conflict with them when possible. This means getting into a field that doesn't really care about them.
To my knowledge the following types of work are available and achievable to those with a felony conviction.
-Medical; for the most part,unless you intentionally physically hurt another person you can get licensed in this field.
-Blue Collar: Various positions.
-Technology- that does not involve personal or vunerable information.
-Sales-
And more....
Keep the faith....and remember...there's always someone who's in worse shape than you...so count your blessings everyday...
Do companies have the right to exclude a candidate from a job position based on a felony conviction?
I was recently hired by an IT consulting firm to do a software deployment for a major bank. The consulting firm investigated my background, after I had fully disclosed the information to them. They found that my record SINCE the offense had been excellent and my references highly recommended me. They spoke with me personally about the details and circumstances of the offense and deemed that the nature of the offense and the time since the offense were not enough to keep them from hiring me for the position.
Their client, (the major bank), on the other hand, did no investigation, no personal contact, no nothing, except see that I have a felony conviction on my record from 14 years ago and immediately denied my presence on the project.
I freely admit to a mistake. I have gone on with a productive life and a proven track record since that time. How long do I have to pay for a mistake? Do I have ANY recourse in this matter? I have investigated having the conviction expunged from my record, only to be told that it was not possible due to my age at the time of the conviction. All I want is to provide a decent life for my wife and children. Does anyone have any suggestions at all?
Frustrated
How I Got A Job As A Felon:
I recently was sentenced in August/2007 for software piracy, putting a felony on my record. I graduated in 2004 with a degree in Graphic Design.
2 months after i was sentenced, I was offered a job doing graphic design work for a prominent dentist office in my area. I told them of the felony and explained what happened and they were ok with it in the end. The #1 reason I got the job was because of God. I give Him all the glory. But even with God's help, I had to put the effort into getting the job. This was my strategy:
First impressions. I knew that there is a prejudice against felons. So I knew that the only way past this prejudice was to have the employer meet me as a person, and get them to like me. I acted nice and curteous to them. I knew that if their first impression of me was of a nice and talented guy, then when i told them of my felony, instead of viewing my felony through their prejudice, they would view my felony through my good first impression.
The problem is that on normal job apps you have to put down the felony. So what I did was apply to places where I just had to email them a resume, no application. So I got a call, interviewed, they offered me the position, i gave them a yes 2 days later and told them of the felony then, a week later they called to say that everything checked out well.
Manipulation is the key. Go for jobs where you dont have to send in a normal application. That way you can choose the right time to tell them of the felony.
Do companies have the right to exclude a candidate from a job position based on a felony conviction?
I was recently hired by an IT consulting firm to do a software deployment for a major bank. The consulting firm investigated my background, after I had fully disclosed the information to them. They found that my record SINCE the offense had been excellent and my references highly recommended me. They spoke with me personally about the details and circumstances of the offense and deemed that the nature of the offense and the time since the offense were not enough to keep them from hiring me for the position.
Their client, (the major bank), on the other hand, did no investigation, no personal contact, no nothing, except see that I have a felony conviction on my record from 14 years ago and immediately denied my presence on the project.
I freely admit to a mistake. I have gone on with a productive life and a proven track record since that time. How long do I have to pay for a mistake? Do I have ANY recourse in this matter? I have investigated having the conviction expunged from my record, only to be told that it was not possible due to my age at the time of the conviction. All I want is to provide a decent life for my wife and children. Does anyone have any suggestions at all?
Frustrated
try going to clearmyrecord.com
i wish you well. i know what it's like to be in your shoes. lost a lot of good offers that way
What you can do is talk to the public defender or a Private Attourney and see if you can motion for an expungement. It's a pretty standard motion. I definitely can feel your pain. I too have a felony for GT from a person. Wrong place wrong time wrong friends kind of thing, but it is like a black cloud hovering above my life. I still have the felony and am motioning for the expungement. Since the conviction I have been a Mortgage Broker financing peoples $1,000,000. Estates. for the last 3 years. Not once have I ever thought about taking someones identity or SSN. I have had thousands of SSN's pass thru me and have access to even more peoples Identity's. I would never even consider taking someones identity no matter how bad things got. The way I see it is if you say you have never done anything wrong in your past then you are full of it. There's no such thing as a Saint out there. I guarantee I have more Integrity then most of White Collar America.
Unless it is for one of the protected classes, a company can not hire for any reason they wish
We should change that and make people with criminal convictions protected classes.
Why?
For many reasons, but the most important is that it gives motivation and insensitive to people that make the mistake of breaking the law. If we do not make allowance for second chances, we cannot then claim that crime is a "personal choice" when people are predetermined to be in a permanent status of "criminal."
Also - for public safety reasons in that employment is the best form of criminal rehabilitation that steers people away from recidivism. This translates into less crime and less victims. I have heard it said that most ex-offenders coming out of prison make the most hard working and loyal employees, as they don't want to return to a life of crime.
Last, a society that is based on justice believes in second chances and that the punishment must end. Not only should people with criminal records be protected classes, there are issues of human rights and the permanent exclusion of people from society based only on criminal convictions. The problem is that data technology on criminal records to easy to access and policy with regard to criminal conviction discrimination has not caught up with the proliferation of the technology. And - those that access records often can't tell the difference between "simple misdemeanor battery" and "sexual battery on a child under 12."
Also - protected status is needed, as ANY criminal conviction is now used as the basis for discrimination on based on criminal record. I my state, Wisconsin, the discrimination against a person with a record must be based on the necessity to discriminate, such as keeping those convicted of "sexual battery on a child under 12" from working in a day care center. However, we should have no problem with someone convicted with burglary with working in a day care center, as the conviction is irrelevant to the occupation.
We should change that and make people with criminal convictions protected classes.
Why?
For many reasons, but the most important is that it gives motivation and insensitive to people that make the mistake of breaking the law. If we do not make allowance for second chances, we cannot then claim that crime is a "personal choice" when people are predetermined to be in a permanent status of "criminal."
Also - for public safety reasons in that employment is the best form of criminal rehabilitation that steers people away from recidivism. This translates into less crime and less victims. I have heard it said that most ex-offenders coming out of prison make the most hard working and loyal employees, as they don't want to return to a life of crime.
Last, a society that is based on justice believes in second chances and that the punishment must end. Not only should people with criminal records be protected classes, there are issues of human rights and the permanent exclusion of people from society based only on criminal convictions. The problem is that data technology on criminal records to easy to access and policy with regard to criminal conviction discrimination has not caught up with the proliferation of the technology. And - those that access records often can't tell the difference between "simple misdemeanor battery" and "sexual battery on a child under 12."
Also - protected status is needed, as ANY criminal conviction is now used as the basis for discrimination on based on criminal record. I my state, Wisconsin, the discrimination against a person with a record must be based on the necessity to discriminate, such as keeping those convicted of "sexual battery on a child under 12" from working in a day care center. However, we should have no problem with someone convicted with burglary with working in a day care center, as the conviction is irrelevant to the occupation.
Everything here is true, which is something that our legislatures need to consider. First and foremost consider this. Did you know under the Fair Consumer Reporting Act that no information dating past 7 to 10 years can be reported to anyone? This does include convictions dating older than seven years also. But guess what, us as "criminals" still have to announce these past convictions eventhough they will not show up in a CRA. My solution to this matter is that if the information is older than 7 years and can not be reported then the individual themselves should not be allowed to announce it. Perfect example why: some companies do a credit check to look for financial problems etc.. Well for some financial problems can be a big deal, and lead to multiple bankruptcies. Well gues what, after 10 years those bankruptcies don't show up. But when employers ask about them they generally ask in the last 10 years have you filed bankruptcy, not in your life time. I think the same should follow for past convictions. If a individual can stay crime free for seven years, then that individual should be deemed a citizen who deserves to live a life like anyone else without society having to know about the skeletons buried in the closet.
Go talk to your legislature, and fight and fight and fight and fight. THere needs to be a stand, and coalition to form and speak about this. This will be the only way to get some sort of resolve to this.
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