Career Advice for Job Seekers

How to get a job if you’ve been arrested but not convicted

Steven Rothberg
Sean Kelly (Guest Author)
April 12, 2021


Getting a job can be a long, difficult process. With many steps, tests, interviews, and a lot of waiting, it’s almost never a simple process. For those with a criminal record, the experience is often a lot more complicated, and the anxiety alone of having to navigate that part of your life within the job seeking process might seem overwhelming at best.

Although you might feel overwhelmed by the question of how to find a job with a criminal record, there are solutions that can help and even rights that potential employees have when it comes to disclosing information. When you’ve been arrested but not convicted, there is a bit of a difference pertaining to arrest records and what potential employers can do about them.

During the hiring process, in some states, it’s illegal for employers to ask about arrests that didn’t result in convictions. However, not all states are the same, and others are able to take arrests into consideration. Federally, employers are not allowed to immediately reject a candidate for any criminal history without first investigating the circumstances and determining if it might specifically risk the job being performed satisfactorily.

In addition, if you’re applying for a job, you don’t always have to disclose your arrest history – especially if it didn’t lead to a conviction. Make sure to be aware of your rights in this regard; it might also be better in the long run to be open and honest about your criminal history, depending on the situation, since transparency is often a best practice during the hiring process.

Networking will go a long way for those with arrest records as well, and reaching out to friends or family with connections is a good idea regardless of any criminal history. There are also organizations that help people with criminal histories navigate the job market, and it’s never a bad idea to reach out for help putting together a solid resume that is comprehensive and impressive. Taking these small steps can be helpful in better positioning anyone with a criminal history for the job market. 

Entrepreneurship is another way forward that could make sense for those who feel they’ve had trouble finding a job as a result of their arrest record. Starting a small business requires a lot of work and dedication, but a great idea can easily become a life-changing endeavor in no time. Even in the age of COVID, when 63% of entrepreneurs feel that small businesses have suffered more than large corporations, there is still hope and opportunity for anyone looking to build something from the ground up.

Having an arrest record shouldn’t prevent you from seeking and acquiring gainful, quality employment, and luckily, there are laws and systems in place to ensure that it doesn’t. It might seem more difficult to navigate these waters, but through some research, preparedness, and more often than not transparency, moving forward and upward is more than possible.

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