- The Federal Fair Credit Reporting Act (FCRA) is the main federal law that governs reference or background checks in the workplace. This act sets forth which types of information may be used and the length of time such information can be used. For instance, bankruptcies may not be considered after 10 years. However, there are no restrictions on the use of felony convictions.
- Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination against individuals solely on the basis of their criminal records. However, if a business can show a business necessity for the denial of employment, then the discrimination is not illegal. What this means is that if federal law requires that a person with your conviction not be hired for a particular job, then it is a business necessity for the employer not to hire you.
- Many times persons with criminal convictions are advised to have their convictions expunged. Expungement is a process through which a criminal conviction can be removed from a person's criminal history. However, the process is long and costly and cannot be used for convictions in federal courts.
- Sometimes it is possible to obtain a pardon from the governor of a state in which a person has been convicted of a state criminal offense. However, for federal convictions, a person would need to apply to the president for a pardon, and the process is long, costly and very uncertain. Most presidents do not issue pardons until their last year in office.
- Title VII will not shield you from discrimination based on a conviction that appears in a state or local law as a bar to employment. It is never discrimination to comply with the law, assuming of course, the law is not unconstitutional.
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