A criminal record can have far-reaching consequences that extend beyond the legal system, impacting various aspects of a person’s life, including employment opportunities. In Colorado Springs, Colorado, individuals with a criminal record often face significant challenges when seeking or maintaining employment.
At Baker Law Group, we understand the complexities of this issue and are committed to helping our clients navigate the legal landscape to protect their rights and future. This article will explore how a criminal record can affect your job in Colorado Springs and how Baker Law Group can assist you.
The Impact of a Criminal Record on Employment
Having a criminal record can influence your employment prospects in several ways:
- Job Applications and Background Checks
- Many employers conduct background checks as part of the hiring process. A criminal record can show up in these checks, leading to potential disqualification from consideration for the job. Employers may view a criminal record as a sign of unreliability or risk, which can hinder your chances of securing employment.
- Employment Discrimination
- While federal and state laws, such as the Fair Credit Reporting Act (FCRA) and Colorado’s Employment Opportunity Act, regulate the use of criminal records in hiring decisions, discrimination can still occur. Employers may be biased against applicants with a criminal history, even if the offense is unrelated to the job.
- Professional Licenses and Certifications
- Certain professions require licenses or certifications that may be denied or revoked due to a criminal record. This can include fields such as healthcare, education, law enforcement, and finance. The specific regulations vary by profession and the nature of the criminal offense.
- Current Employment
- For those already employed, a criminal record can lead to job loss or disciplinary action if the employer becomes aware of it. This is particularly true if the offense is seen as relevant to the job or if the employer has policies against employing individuals with criminal histories.
Legal Protections and Limitations
In Colorado, there are laws in place that provide some protections for individuals with a criminal record. However, there are also limitations to these protections.
- Ban the Box Law
- Colorado’s “Ban the Box” law prohibits employers from asking about criminal history on initial job applications. This law aims to give individuals with a criminal record a fair chance to be considered for a job based on their qualifications before their criminal history is disclosed.
- The Fair Credit Reporting Act (FCRA)
- The FCRA requires employers to obtain written consent before conducting a background check and to provide a copy of the report if it influences their hiring decision. This allows applicants to review the information and dispute any inaccuracies.
- Colorado Employment Opportunity Act
- This act limits how employers can use credit information, including criminal records, in hiring decisions. Employers must demonstrate that the information is substantially related to the job.
- Equal Employment Opportunity Commission (EEOC) Guidelines
- The EEOC provides guidelines on how employers should consider criminal records in hiring decisions to avoid discrimination. Employers are encouraged to consider the nature of the offense, the time elapsed since the offense, and its relevance to the job.
Expungement and Sealing of Records
One potential solution for mitigating the impact of a criminal record on employment is to seek expungement or sealing of records. This process involves legally removing or limiting access to certain criminal records, which can help improve job prospects.
- Expungement
- In Colorado, expungement is generally available for certain juvenile offenses and for cases where the individual was acquitted or the charges were dismissed. Once expunged, the record is treated as if it never existed.
- Sealing of Records
- For adult criminal records, sealing is more common than expungement. Sealing restricts access to the records, making them unavailable to the general public and most employers. Eligibility for sealing depends on the type of offense and the time elapsed since the conviction.
Steps to Take If You Have a Criminal Record
If you have a criminal record and are concerned about its impact on your employment, there are steps you can take to protect your rights and improve your job prospects:
- Understand Your Rights
- Familiarize yourself with state and federal laws that protect individuals with criminal records. Knowing your rights can help you recognize and respond to potential discrimination.
- Prepare for Background Checks
- Be proactive about addressing your criminal record. Obtain a copy of your background check, review it for accuracy, and be prepared to explain any offenses to potential employers.
- Seek Legal Assistance
- Consult with an experienced attorney at Baker Law Group. We can help you understand your options for expungement or sealing of records and guide you through the process.
- Be Honest
- If an employer asks about your criminal history, be honest and straightforward. Provide context for the offense and emphasize any rehabilitation or positive changes you have made since then.
- Focus on Rehabilitation and Positive Attributes
- Highlight your skills, experience, and any rehabilitation efforts you have undertaken. Demonstrating personal growth and a commitment to improvement can positively influence potential employers.
How the Colorado Springs Criminal Lawyers Baker Law Group Can Help
At Baker Law Group, our experienced Colorado Springs criminal lawyers understand the challenges individuals with a criminal record face when seeking employment. We provide comprehensive legal support to help you navigate these challenges and protect your future. If you are concerned about how your criminal record may affect your job in Colorado Springs, don’t face it alone. Baker Law Group is here to provide the legal guidance and support you need; contact us today.
