Q: I’m interested in applying for a job that requires undergoing a background check. I’m unsure whether I should even bother to apply since I had a misdemeanor conviction a few years ago. Will this automatically disqualify me?
A: Not necessarily. “Background check” is a catch-all term used to cover a myriad of things. Some are as basic as employment/education verification and driving records. Others are more involved checks that require your consent, for example credit history, criminal records and drug testing. Or the things in-between, such as checking references, certification and professional licenses, worker’s comp history, and public records.
So, this particular check could include only one or two or all of the above, depending on the company, the industry and the type of job. For instance for jobs in the public sector, healthcare, working with children or sensitive information, you can assume there will be a criminal record check (state and/or national).
Having said that, since the EEOC took the position that criminal checks tend to disproportionally hurt employment chances for minorities, employers are now more selective about which jobs require criminal records.
In fact you may have noticed that many job applications that routinely asked “have you ever been convicted of a crime?” now omit the question altogether.
But let’s assume there’s a criminal check and the results show you have a record, the EEOC expects the employer to use a three step consideration process when deciding whether to disqualify you: 1) the nature of the crime, 2) the time elapsed, 3) and the nature of the job. Hopefully this works in your favor.
So don’t be discouraged from pursuing a job that interests you. Once you’re made a job offer “contingent on a background check” then you can address your situation and explain it so there are no surprises. Do NOT wing this. Think of it as an extension of your interview. Make yourself available for any questions that arise. Then wait for the process to unfold.
You’ll never get a job you never applied for. So go for it. Even if you’re turned down, you’ll learn from the process and be better prepared next time.
© Copyright Eva Del Rio
