Overcoming a Criminal History
Employers have a legal right to ask if you have ever been convicted of a crime. How do you respond? If you are dishonest you might get the job, but you put yourself at risk for immediate termination when an employer does a background check at a later date. The information on this page will help you address a criminal history with confidence.
Tips on Discussing Your Conviction Record
How do you answer the question, "Have you ever been convicted of a crime?"
Key Points Step 1: Own it. Take responsibility for your record.
Step 2: State the positive changes you’ve made.
Step 3: Tell the employer what you’ve learned or realized.
Step 4: Talk about your new goals. How is that part of your life over? Step 1:
Accept responsibility for what you did and show that you own your behavior. Placing blame on someone or something else is one of the worst things you can do.
| Good "I" Statements |
Blame Statements |
| I made some bad choices. |
It wasn't my fault. |
| I used bad judgment. |
I didn't know. |
| I made a bad decision. |
I was in the wrong place in the wrong time. |
| I did something I shouldn't have. |
I wasn't/I'm not responsible. |
Step 2:
What positive things have you done since the offense? What can you say that shows you’re trying to change your life? Always mention if you “volunteered” to do these things.
Examples: Completed GED, Effective Communication Course (instead of saying “Violence Prevention”), Cognitive Reasoning Course, Work Readiness Class or other classes.
Completed all aspects of your obligation (finished probation and paid retribution for example).
Did volunteer work.Step 3:
Express regret and talk about the lessons you’ve learned. What can you say that will show you are not going to repeat the behavior?
Examples: I’m not proud of what I’ve done. I’m sorry that it ever happened.
I wanted _________, and now I see that it was wrong.
I respect myself enough to never let that happen again.
I wish I would have realized how irresponsible I was being sooner.
I lost sight of what was really important. My priorities were all wrong.
Step 4:
Focus on moving off of step 3 and bringing in the positive things about distancing yourself from the incident.
Examples: I have new goals I’ve set for myself and I’m very focused on establishing a successful career.
I’m moving forward and I’m determined to work hard to make it happen.
I can’t undo the past, but I did learn from it and I won’t repeat the same mistakes.
Other Keys:
Become comfortable talking about the offense and practice with people you know (friends, family, employment counselor, mirror).
Soften the offense if possible:
Examples:
Burglary, Theft, Robbery = I took something that didn’t belong to me.
Domestic Assault = I let a heated situation get too far.
The more you become an expert on your criminal history and how to communicate it with a positive spin, the more confident and genuine you’ll come across in an interview. It’s a time to be truthful, not blunt:
| Good Things to Mention |
Don’t Volunteer |
| Misdemeanor |
Felony |
| Isolated Incident |
Entire Criminal History |
| When I was young...(15, 16) |
Original charge, if convicted of a lesser offense |
| _______ years ago |
Specifics or details of the incident |
Do:
- Keep answers brief and to the point.
- Stress the positives.
Don't:
- Offer details or volunteer information.
- Become defensive.
- Lie about your offense – it will catch up with you.
The Criminal History Background Check
Being an expert on addressing your criminal history includes knowing what that history consists of and what the employer might see. Find out about one way that both you and your potential employer can get information on your criminal history. Explore this Web site: Minnesota Bureau of Criminal Apprehension
Other Sources
Employers can access many services that report criminal history. The information that the services maintain may be inconsistent with the Bureau of Criminal Apprehension (BCA) or other official government reporting agencies. If an employer really wants information on your history, they have a long list of sources available to them outside of the “official” government ones. These are just a few of the reasons why it is important to be truthful on your job application or during the interview. Here are some examples of how an employer can find extensive criminal history data (accurate or not) outside of the BCA:
Public Data Criminal Check
U.S. Information Search
Out of State Criminal History Checks
Hennepin County
City of Minneapolis
Minnesota Department of Corrections Public Viewer
Expungements
Some offenses may be “expunged” or removed from your record. Expungement involves contacting the Court that your case was heard, completing the appropriate paperwork and appearing before a judge to provide reasons for the expungement. The process is technical and you may want to consult an attorney. Also, remember that not all employers access criminal history through the BCA, so expungement may not be a practical choice (see “Other Sources” above).
Criminal History in Employment: Myths
Here are some common misunderstandings about criminal history and how it can affect you both during your job search and after you find a job.
Myth: It was ______ years ago. It probably won’t come up.
Fact: If a background check is required by law under state statute, it will contain all convictions, including juvenile records.
Myth: I got the job! They’ll never know. I’m safe.
Fact: Employers have been known to skip background checks at hire, but…
A few reasons for background checks later on include:
- Completion of probationary period
- New company policy
- Promotion of employee
- Speculation through work performance
- Rumor by co-workers or customers
- To build evidence to support layoffs or terminations
- Whim
Myth: I got that conviction expunged. My BCA report is clear. The employer will never know.
Fact: (See expungement section above)
Bonding ProgramsHelp an employer hire you by putting their mind at ease. Bonding programs are available for employers as insurance for employees with criminal histories. An employer would be reimbursed for an “insured” employee. They also get tax breaks for participating in the program. Find out more about this program by clicking the link. Minnesota Bonding Program
One important tip
Don’t present this to an employer as something that they’ll “need” for you. Make sure that the employer understands that you will be an outstanding employee despite the insurance, but that a program like this can erase any doubt. Plus, they get the added benefit of a tax break. Also, remember that some employers may already be familiar with this program. Practice ways to incorporate this tool if it applies to your situation.
Getting Further Advice
AMICUS is a Minnesota not-for-profit organization with years of experience in improving public safety by helping inmates and ex-offenders through positive relationship-building, restorative justice practices and individualized transition services.
Amicus
15 S. 5th St. Ste 1100
Minneapolis, MN 55402-1062
Phone: 612-348-8570
Fax: 612-348-6782
www.amicususa.org
staff@amicususa.org
