In a stunning turn of events, Donald Trump was found guilty on 34 felony counts of falsifying business records in the “hush money” trial in New York. Despite this conviction, many Americans were surprised to learn that having a criminal record does not automatically disqualify someone from serving as president of the United States, should they be elected. The US Constitution does not explicitly disallow it, leaving the door open for individuals with criminal records to hold the highest office in the country.
However, for many Americans with criminal records, finding employment can be a significant challenge. Even though there are no legal prohibitions on hiring individuals with criminal records for most jobs, employers are often hesitant to do so. Margaret Love, executive director of the Collateral Consequences Resource Center, noted that “people simply don’t seem to want to deal with a criminal record of any kind, even if the charges were dropped.”
Despite a patchwork of laws and regulations at the federal, state, and local levels aimed at giving those with criminal records a fair chance at employment, barriers still exist. The US Equal Employment Opportunity Commission requires employers to assess whether a criminal record is relevant to the job, but there are no blanket provisions or prohibitions across the board.
In California and New York, some of the strongest laws geared toward helping people with criminal records get jobs are in place. However, there are still challenges. Employers, especially smaller ones, may wrongly assume they can’t hire someone with a criminal record, leading to discrimination in the hiring process.
Jason Hoge, supervising attorney for the Legal Assistance of Western NY (LawNY) Reentry Project, highlighted the disparities in society that result in Black individuals being more likely to face discrimination due to their criminal histories. He recommends that individuals with criminal records take steps to correct any mistakes in their records before applying for jobs.
As states continue to pass laws aimed at giving individuals with criminal records a fair chance at employment, it is essential for job seekers to know their rights and protections during the job search process. Initiatives like New York’s Clean Slate Act, which automatically seals eligible conviction records, and Maryland Gov. Wes Moore’s recent pardon of 175,000 misdemeanor convictions related to cannabis possession, are steps in the right direction towards helping individuals with criminal records find employment.
