How to Get a Job with a Criminal Record: A Step-by-Step Guide
Step 1: Know Exactly What's on Your Record
Before you start job searching, know what employers will see. Order your own background check from a consumer reporting agency ($10–$30) — the same report many employers use.
What to look for:
- Incorrect records — Errors on background checks are common. The Fair Credit Reporting Act (FCRA) gives you the right to dispute inaccuracies.
- Expungeable offenses — Many states allow first-time offenders, non-violent offenders, and people who completed sentences to have records sealed or expunged. Check eligibility before assuming your record is permanent.
- Old records — Some states only allow employers to consider convictions within a certain time window (7–10 years for many roles).
Step 2: Check Your Expungement and Sealing Eligibility
Expungement removes or seals your record from most background checks. Eligibility varies by state but typically requires:
- Completion of sentence (including probation/parole)
- A waiting period (varies by state: 3–10 years)
- No subsequent offenses
States with major expungement programs: California, Illinois, Pennsylvania (Clean Slate), Michigan (Clean Slate Act), Colorado, New York.
Free legal help with expungement: Many legal aid organizations offer free expungement clinics. Find one in your state.
Step 3: Build Industry-Relevant Certifications
Certifications change the conversation. Instead of explaining your record, you're proving competency.
Five certifications with no background check requirement:
- OSHA 10/30 — Opens construction and manufacturing (10–30 hours, $30–$180)
- ServSafe — Opens food service management (8–15 hours, $30–$50)
- Forklift Operator — Opens warehousing and logistics (1–2 days, $50–$250)
- Google IT Support Certificate — Opens tech support roles (~6 months, free with financial aid)
- CDL Class A — Opens trucking ($55k–$80k starting, many carriers sponsor training)
All are available through OpenPath's course directory.
Step 4: Know Your State's Ban-the-Box Rights
37+ states have ban-the-box laws that prohibit employers from asking about criminal history on job applications. In these states:
- You are NOT required to disclose a criminal record on the application
- The employer must evaluate you on qualifications first
- The background check comes after an interview or conditional offer
This means you get to interview before your record becomes a factor. Check your state's ban-the-box status.
Step 5: Target the Right Employers
Not all employers treat records the same. Focus your energy on:
Fair-chance employers — Companies that have explicitly committed to evaluating all applicants before running background checks. Browse fair-chance employers on OpenPath →
WOTC-participating employers — Companies enrolled in the Work Opportunity Tax Credit program actively seek candidates who qualify them for credits. People with felony records who are hired within 1 year of release qualify employers for up to $2,400–$9,600 in tax credits.
Small businesses — Small employers often make hiring decisions personally, not through automated background check filters. A conversation with a business owner often goes further than an online application.
Step 6: Prepare Your Record Explanation
When the record comes up (typically after a conditional offer), have a prepared statement:
The formula: Brief facts + what changed + evidence of change
Example: *"I was convicted of [offense] in [year]. I served my time, and since then I've [completed program / earned certification / been employed at X / completed probation]. I'm sharing this because I want to be upfront, and I'm committed to being a reliable part of your team."*
Do: - Be factual and brief - Follow with evidence of change (certificates, references, time elapsed) - Mention the WOTC if applicable
Don't: - Over-explain or apologize excessively - Be vague or evasive - Raise it before a conditional offer in ban-the-box states
Step 7: Track Your Applications
Consistent job searching is the most reliable path to employment. Track every application, response, and interview. If you're on probation or parole, many supervision conditions require documented job search activity.
OpenPath's job seeker dashboard tracks applications and generates a printable compliance report. Create a free account →