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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?
Yes a company can have rules that no one with a felony can be employed.
Often in many industries, banking, insurance, and others one can not even be considered for the job if they have a felony conviction. Even felony arrests would have to be explained
The Bank ( client) has a rule about no one with felonies being allowed to work with thier material. This would or could include any workers for any subcontractors they use ( ie your firm) you could work on other projects for this company but not the bank project.
I worked for one firm where security was so high, that even the people who delivered soda to the machines or snacks to the snack machines, or people who delivered anything that went into the building, could not have a felony record, anyone going in that building had to have had a background check and a specific id issued by the company.
Right now in my work ( I work with a medicare contractor doing work with the elderly) no one with a felony record can work for our company.
They make no exceptions because it is a medicare law )
Also in insurance for example, most will not hire anyone to be a agent becuase it requires bonding and most can not get a mond with a felony arrest.
Many jobs are no longer availalbe to someone with a record.
I am assuming you don't live in Canada based on your comments.
However, in case you do and have received the wrong information, any convictions on your record can be expunged after 7 years of when your sentence ends.
Although as I think about it, I doubt you live in Canada, since you said felony.
Now, moving on.
Yes companies can deny you if you have a felony conviction. While your IT company is okay with you, the major bank is not. This is unfortunate for you. But the bank has its own rules and its own security standards to follow.
I suppose all the hard work in put in working a full time job and going to school full time over the last four years has been for nothing. The only positions I will be able to obtain with a felony are low paying. What a wonderful world!!
Dude! Relax. There is life after a felony. YES, you have to make adjustments, so get on with it!
You were "told"???? By who?? Some bureaucrat??? WHY would you ask for legal advice from a bureaucrat??? Worse! Why would BELIEVE any legal advice you got from a bureaucrat???
Go back to square one. You're not gonna get this job. Fix the problem, then go on to make millions and take care of your family. You need to hire an attorney in the state where the felony occurred. Irrespective of what you were told, I believe expungment is available in ALL states. If it isn't, then a pardon certainly is.
Go for it. What are you waiting for?
Here's the next bit of bad news. An expungment doesn't ELIMINATE your record. It only removes it from public view. If you're ever asked on an application whether or not you've been convicted of a felony, the truth would be yes, even though you know that they can't find your record. Well, dude, you handle that however you want. I'm not here to give you moral advice.
A pardon, however, actually gets rid of the felony completely, and you can honestly say that you've NEVER been convicted of a felony.
OK, here's the next bit of advice. You may very well have to make adjustments in your life. You may very well no longer be a corporate dude. You may very well have to transform yourself into self employed software "consultant". I don't know why you wouldn't want to do that anyway, but circumstances may force your hand.
I think the issue here is one of bonding. Most bank employees need to be bonded. Basically this is getting insurance where the bonding firm indemnifies the bank (or whatever company) from loss if you should steal from them.
Its not that easy for a person with a felony to get bonded, so the bank's bonding company, not the bank, may be dictating the policy.
My suggestion is to see if you can get yourself bonded by a repuatable firm. The software company that offered you the position may help with this. If you can get bonded, that may convince other employers to take a chance on you.
Hi,
The chances of being "bonded" by any company in the United States are very slim, but could be worth a try. Whenever a job application is filled out, as you said, it asks for prior convictions; other than misdemeanors.
Unfortunately, this is the way things work. But, being bonded is another story. I do wish you the best of luck.
I think one of the harder issues is even getting to that chance, since of course you will be competeing with a ever growing unemployed or under employed work force.
For example the position I had in Atlanta, would allow someone with a high school education to be hired, but no one that did not have a college degree ever got hired, just too many people applying for the job.
So if you apply along with 100 other people, they start narrowing thier search down, each company will have its own way to decide which 5 or 6 out of 100 they will call in to talk to, but I would suggest that a felony can get you left out before the race starts in some jobs and industries.
I saw one business that had on thier help wanted notice, only non smokers need apply, I guess they were not going to hire anyone that smokes.
Unless it is for one of the protected classes, a company can not hire for any reason they wish
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