Can a Conviction Prevent Me From Getting a Job?
There are many sources of anxiety associated with facing a criminal charge in Virginia. An obvious concern is the possibility that a conviction could lead to time in a jail or prison. There can also be other, “collateral” consequences. For example, convictions can entail lengthy periods of probation or the suspension of a license. Perhaps most concerning is the effect a criminal conviction can have on future employment. More and more, employers in Virginia and other states are concerned with their employee’s criminal records. Some claim that as many as 92% of employers conduct background checks when hiring for some positions. Indeed, the impact that a criminal conviction can have on a job search in Virginia can be challenging.
The Short Answer is “Yes, a Conviction CAN Keep You From Getting Employment”
Whether or not a conviction will keep you from getting a job will often depend on the kind of job sought. In Virginia, there are positionsthat are tougher to get by law for those convicted of certain kinds of crimes.For example, teachers are required to swear under oath that they have not been convicted of a felony or a crime involving sexual abuse or rapeof a child before they can be hired by a public school. The upside is that many positions are still available even after conviction of a serious crime like a felony.
Still, a criminal conviction can be a serious disadvantage in the job hunt. Many employers are skeptical of hiring employees that have strings of or even a single criminal conviction. The problem might be even more exacerbated at the current time because of the turbulent economic waters. For individuals with periods of incarceration, employers may be concerned about dissipating skills or gaps in the resume. Conviction of a crime, or even being charged, can certainly lead to the loss of currently held employment as well.
Making matters more problematic for job seekers is the manner in which Virginia handles criminal records. In Virginia, an adult criminal conviction is for life. Once an individual has been found guilty of a crime, there is generally no path to expunging or otherwise wiping a valid conviction off their record. Quite critically, this is true even for crimes in which no incarceration is imposed. The result is that employers conducting background checks will have access to convictions in Virginia no matter how long ago they occurred.
What are Ways to Increase Your Chance of Employment?
Ultimately, the best thing that can be done is to avoid a conviction altogether. This is particularly true because of the eternal nature of a Virginia criminal record. However, if a conviction seems certain there may be ways to mitigate the impact. It is important to recognize that some employers may distinguish misdemeanor convictions from felony convictions and take a more understanding approach to misdemeanors. There are also non-profits and government agencies in Virginia that specifically serve the purpose of helping individuals get back into the work force after accumulating a criminal record. In any case, it is critical to keep moving forward and not give up in the face of a challenging economy. With enough hard work, an individual with a criminal record will be able to find employment.
