Addressing a criminal record in a job interview can feel daunting, but with some preparation and a positive mindset, you can navigate the conversation more confidently.
In this blog post, we cover tips for addressing a criminal record in an interview, with sample scripts you can use with a prospective employer, and answer some FAQs. Your criminal record may not inhibit your job search as much as you might think due to anti-discrimination laws in the US and Canada.
Here are some tips for addressing a criminal record in an interview:
- Be Honest: Transparency is key. If the job application or interview process requires disclosure of criminal history, provide accurate information about your past convictions. Avoid minimizing or omitting details, as this could jeopardize your credibility and trustworthiness.
- Prepare a Brief Explanation: Anticipate questions about your criminal history and prepare a brief, honest explanation. Focus on taking responsibility for your actions, expressing remorse if applicable, and highlighting the steps you’ve taken to move forward positively since then. We’ve listed some example scripts below you can use as a starting point.
- Address Concerns Proactively: When do you tell a company about a felony? If the interviewer expresses concerns or asks follow-up questions about your criminal history, address them calmly and directly. Acknowledge their concerns, provide additional context or explanation if necessary, and emphasize your commitment to being a responsible and productive employee.
- Emphasize Rehabilitation and Growth: Shift the focus of the conversation from your past mistakes to your journey of rehabilitation and personal growth. Highlight any efforts you’ve made to address the underlying issues that led to your criminal record, such as completing rehabilitation programs, pursuing education or vocational training, or gaining relevant work experience.
- Focus on Relevant Skills and Qualifications: During the interview, emphasize your skills, qualifications, and suitability for the role. Showcase your strengths, achievements, and relevant experiences that demonstrate your ability to perform the job effectively despite your past. This advice applies to anyone, regardless of their history!
- Know Your Rights: Familiarize yourself with relevant local, state, and federal laws and regulations regarding the consideration of criminal history in hiring decisions. Understand your rights as a job applicant with a criminal record and be prepared to advocate for yourself if you encounter discrimination or unfair treatment during the interview process.
By approaching the interview with honesty, accountability, and confidence, you can effectively address your criminal history while still highlighting your qualifications and potential as a candidate. Remember that everyone makes mistakes, and what matters most is how you’ve grown and learned from them.
Know the Law When Addressing a Criminal Record in a Job Interview
Under federal Equal Employment Opportunity Commission (EEOC) laws, US employers can ask about criminal history information, but there are guidelines for how to do it fairly. Before you disclose your criminal history, research the laws in your state to make sure you’re protected. Some states have laws that prohibit employers from asking about your criminal background early on, while others allow it. In California, The Fair Chance Act generally prohibits employers from asking job candidates about their criminal history on a job application or during an initial interview. This type of law is also known as a “Ban the Box” law. In contrast, Texas has no laws restricting employers from asking about an applicant’s criminal background. As a result, employers in Texas can ask about your criminal history on a job application or during a preliminary interview.
In Canada, employers are legally entitled to ask job applicants about convictions under the Canadian Criminal Code. They can also ask about convictions for provincial offences such as speeding or securities violations. However, in many provinces it’s illegal to refuse employment based on a criminal conviction unless the employer can demonstrate it directly impacts the person’s ability to do the job.
Tips for Addressing a Criminal Record in an Interview Sample Scripts
Here are three variations of scripts you can use to initiate a conversation with a prospective employer based on tips for addressing a criminal record in an interview. These are a starting point to be used as inspiration, so tailor them as you see fit!
All three of these scripts follow formats recommended by HR professionals to:
- Initiate the conversation
- Take ownership of what happened
- Share what you’ve done about it
Script 1: Honest Disclosure with Explanation
Hello [Employer’s Name],
I appreciate the opportunity to discuss my application further. Before we proceed, I want to be transparent about something that may come up during the background check process. I have a criminal history that I believe is important for you to know about.
Several years ago, I made a mistake [provide brief context if comfortable]. Since then, I’ve taken responsibility for my actions and have worked hard to turn my life around. I’ve [mention rehabilitation efforts, such as completing a rehabilitation program, furthering education, or gaining relevant work experience].
I understand the importance of integrity and accountability in the workplace, and I’m committed to upholding these values. My past doesn’t define who I am today, and I’m confident that I can contribute positively to the team.
Thank you for considering my application. I’m happy to provide any additional information or answer any questions you may have.
Sincerely,
[Your Name]
Script 2: Focus on Rehabilitation and Growth
Dear [Employer’s Name],
As we move forward with the interview process, I want to address something that may come up during the background check. I have a criminal history, and I want to assure you that it’s a part of my past that I’ve worked hard to overcome.
I made mistakes in the past, but I’ve taken proactive steps to rehabilitate myself and become a better person. Since then, I’ve [mention any efforts towards rehabilitation, such as community service, counselling, or vocational training].
I believe in taking responsibility for my actions and learning from my experiences. While I cannot change the past, I’m committed to building a positive future for myself and contributing positively to any team I’m a part of.
I’m open to discussing this further and providing any additional information you may need. Thank you for considering my application.
Best regards,
[Your Name]
Script 3: Focus on Qualifications and Fit
Dear [Employer’s Name],
As we continue with the interview process, I want to address a potential concern that may arise during the background check. I have a criminal history, and while I understand the importance of transparency, I want to emphasize that it doesn’t define my qualifications or suitability for the role.
I have [highlight relevant qualifications, skills, and experiences that make you a strong candidate for the position]. My professional track record and dedication to [mention any relevant achievements or contributions] demonstrate my commitment to excellence in my work.
I believe in honesty and integrity, and I’m committed to upholding these values in the workplace. While my past is a part of who I am, it doesn’t overshadow my potential to contribute positively to your team.
Thank you for considering my application. I’m eager to continue discussing how my skills and experiences align with the needs of your organization.
Warm regards,
[Your Name]
Jobs That Do Not Check Background
A survey by the Society for Human Resources Management (SHRM) reveals that over 90% of employers run background checks. This is because checks are recognized as a way for them to show due diligence and help protect against legal action in the future. (If you’re curious, we cover more on this topic in the blog posts Why HR Runs a Background Check and Why Background Checks are Essential.)
Though, if you’re here because you did a Google search for “jobs that do not check background” because you’re worried that you have a criminal history, there are some types of jobs and industries where background checks may be less common or not required. (This is anecdotal information that we’re sharing for illustrative purposes only — this doesn’t constitute legal advice or our recommended approach. Below we dispel myths around getting hired with a criminal history and how anti-discrimination laws might protect you.)
Here are a few examples:
- Small Businesses: Some small businesses, particularly those with fewer resources or less formalized hiring processes such as family businesses, may not conduct background checks for all positions.
- Temporary or Seasonal Work: Jobs that are temporary or seasonal in nature, such as retail sales associates during the holiday season or agricultural workers during harvest seasons, may not always involve background checks.
- Freelance or Contract Work: Freelancers, independent contractors, and gig workers may not undergo background checks as part of their engagement with clients, especially if they’re not considered employees of the company.
- Certain Entry-Level Positions: Some entry-level positions, particularly those with minimal responsibilities or specific skill requirements, may not require background checks.
Employers may have different hiring practices based on factors such as industry standards, legal requirements, and organizational policies, so this is just a list of suggestions rather than a definitive guide. Additionally, even if a job doesn’t require a formal background check, employers may still conduct other forms of background screening, such as reference checks or skills assessments, to evaluate candidates.
Having said that, it’s possible to get other jobs with a criminal record. As we described above, there are laws in the US and Canada that prohibit employers from flat out denying you based on your record if it’s not at odds with your ability to do the job or perform specific job duties such as driving a company car or holding a position of authority with vulnerable populations.
Working with a Criminal History
According to Statistics Canada, approximately 10% of Canadian adults have a criminal record. While a criminal record doesn’t preclude you from working, a new report by the John Howard Society of Ontario on workplace exclusion of individuals with criminal records says many Canadian companies are unwilling to hire people with criminal records, even when they have the skills and experience needed for the job. Per findings by Babchishin, Keown, and Mularczyk on Economic Outcomes of Federal Offenders cited in the report, “Research shows that more than half of formerly incarcerated people struggle with unemployment, even if they had a job prior to their incarceration.”
Whether or not you’re hired based on your criminal background depends on many factors, including the nature of the offence, the requirements of the job, and legal considerations. In many jurisdictions, employers are permitted to consider an individual’s criminal history as part of their evaluation in the hiring process, but they must do so in compliance with applicable laws and regulations.
Here are some key points that employers consider when weighing information about a candidate’s criminal record:
Relevance to the Job: Employers must assess whether the nature of your offence is directly related to the responsibilities of the job. For example, a financial institution may be more concerned about hiring you if you have a history of fraud or embezzlement than a retail store might be. Practically speaking, you can’t drive a company vehicle if a driving-related offence means your licence is suspended.
Legal Requirements: Some jurisdictions have laws and regulations that restrict employers from making hiring decisions based solely on an individual’s criminal history. These laws may prohibit discrimination against individuals with certain types of convictions or arrest records.
Fair Chance Hiring Practices: In an effort to provide opportunities to individuals with criminal records, some jurisdictions in the US have enacted “fair chance” or “Ban the Box” laws. These laws typically restrict employers from asking about an applicant’s criminal history until later in the hiring process and encourage individualized assessments of candidates.
Risk Mitigation: Employers have a legal responsibility to ensure a safe and secure work environment for their employees and customers. This is what the Why Background Checks Are Essential blog post covers. Conducting background checks, including criminal record checks, can be part of this risk mitigation strategy. However, employers are required to balance this with considerations of fairness and equal opportunity.
Individual Assessment: It’s important for employers to conduct individualized assessments of candidates with criminal backgrounds. Factors such as the severity of your offence, the length of time since your conviction, evidence of rehabilitation, and the your qualifications and suitability for the job should all be taken into account.
In summary, while employers may consider your criminal background as part of the hiring process, they must do so in a fair and legally compliant manner.
Addressing Criminal History FAQs
Can job applications ask about criminal history?
In many jurisdictions, job applications can ask about an applicant’s criminal history, but there are legal considerations and restrictions that vary depending on the location. For instance:
Ban the Box Laws: Some jurisdictions have implemented “Ban the Box” laws, which prohibit or restrict employers from asking about criminal history on job applications. These laws aim to reduce discrimination against individuals with criminal records and give them a fair chance at employment. However, employers may still be able to inquire about criminal history later in the hiring process.
Fair Chance Policies: Many employers voluntarily adopt “fair chance” or “second chance” policies, which involve delaying inquiries into an applicant’s criminal history until later in the hiring process. This allows candidates to be evaluated based on their qualifications and fit for the job before their criminal record is considered.
Federal and Local Regulations: Federal and local regulations may impose restrictions on the types of questions employers can ask about criminal history and how they can use this information in making hiring decisions. Employers must adhere to these regulations to avoid legal repercussions.
Industry-Specific Regulations: Certain industries, such as health care and childcare, may have specific regulations regarding background checks and the hiring of individuals with certain types of criminal records. Employers in these industries must comply with these regulations to ensure safety and regulatory compliance.
Should I mention criminal record in interview?
If you have any past indiscretions or challenges in your background, acknowledge them honestly and take responsibility for your actions. Express any lessons learned and emphasize how you’ve grown and developed since then. The tips for addressing a criminal record in an interview and scripts we included above might help.
How do you explain your background to an employer?
Consider the timing and context of the disclosure. It may be appropriate to discuss certain aspects of your background during the interview process, especially if they are likely to come up during a background check or if they could potentially impact your candidacy. However, you may also choose to wait until later in the hiring process, such as during salary negotiations or after receiving a job offer.
Should you tell a job about your background?
Ultimately, the decision to disclose details about your background is a personal one. Consider your own comfort level and the potential consequences of disclosure. If you believe that disclosing certain information could benefit your candidacy or help build trust and transparency with the employer, it may be worth considering. If you have aspects of your background that may be perceived negatively, such as a criminal record or gaps in employment, consider whether there are mitigating factors or explanations that could help contextualize the information. Be prepared to discuss any relevant factors and provide additional context if necessary.
How do you explain a background check?
Whether or not you should disclose details about your background to a potential employer depends on several factors, including the nature of the information, the requirements of the job, and your own personal judgment. Here are some considerations to help you decide whether to disclose your background:
Relevance to the Job: Consider whether the information in your background is relevant to the job you’re applying for. If the background information is directly related to the requirements of the position or could potentially impact your ability to perform the job duties effectively, it may be necessary to disclose it.
Legal Obligations: In some cases, there may be legal obligations or industry regulations that require you to disclose certain aspects of your background, such as criminal history or professional licences. Be sure to familiarize yourself with any applicable laws or regulations that may apply to your situation.
Employer’s Policies: Review the employer’s policies and procedures regarding background checks and disclosure requirements. Some employers may have specific protocols in place for disclosing certain types of background information, while others may have a more open or flexible approach.
If you’re unsure about whether or how to disclose certain information, consider seeking advice from a trusted mentor, career counselor, or legal professional.
Run a Personal Background Check
We hope you found this blog post on tips for addressing a criminal record in an interview helpful.
If you’re applying for a job, especially one that requires a background check, reviewing your own background report beforehand can give you a chance to learn about what your prospective employer will see. This can help you demonstrate transparency and may prevent potential misunderstandings during the hiring process. With Certn’s MyCRC personal background check, Canadian job seekers can get official criminal record check results online in minutes.
Click here to run a personal background check today.
