How Criminal Charges Can Impact Finding a Job

Getting a job is tough enough as it is, but throw a criminal charge into the mix, and suddenly, every application feels like an uphill battle. Employers almost always conduct a criminal background check these days, and while not every charge is a dealbreaker, it can absolutely influence hiring decisions. In some cases, having a criminal record might be an automatic “no.”

If you’re dealing with past criminal charges, here’s what you need to know about how they might affect your job hunt and what you can do about it.

Can Maryland employers base a hiring decision on criminal history?

Can a Maryland employer ask if you’ve been convicted of a crime? Yes and no. In 2020, the state banned employers from asking about criminal history during the initial application process.

However, this doesn’t apply to all employers (they must have 15 employees or more), and it doesn’t stop employers from conducting a criminal background check entirely before the first in-person interview. Employers are also free to check your criminal background if another law authorizes them to do so. Additionally:

• Employers are allowed to verify criminal history during and after the first in-person interview.
• Employers who “provide programs, services, or direct care to minors or vulnerable adults” are excluded from this law.

It’s also important to understand that cities and counties throughout Maryland have different laws. For example, the city of Baltimore’s law prevents employers from checking your criminal history until after they make a conditional offer of employment. Montgomery County and Prince George’s County also have their own versions of the law.

How employers view criminal charges

Let’s be honest: Employers don’t love surprises, and a criminal charge on your record can raise concerns about reliability, trustworthiness, and liability. Some industries, like finance, healthcare, and education, are particularly strict about background checks. Others might be more lenient, especially if the charge is minor or from years ago.

But here’s the thing: Many employers aren’t just looking at whether you have a record. They’re looking at what kind of charge it was, when it happened, and whether it’s relevant to the job.

For example, a DUI might matter if you’re applying for a driving position, but it probably won’t make much of a difference for an office job. A theft charge, on the other hand, might be a red flag for any position that involves handling money.

The difference between charges and convictions

A lot of people assume that if they were charged with a crime, it’s just as bad as being convicted. Not true. A charge means you were accused, but a conviction means you were found guilty.

Many employers take this distinction seriously. If your charges were dropped or you were acquitted, you may not have to disclose them at all. In some cases, you might also be able to get records expunged, which means they won’t show up on most background checks.

What jobs are off-limits with a criminal record?

Not all jobs will turn you away for having a criminal charge, but some fields have stricter rules than others. Here are a few industries where a record could create major roadblocks:

• Government:Many federal and state positions require a clean background check.
• Healthcare: If your charge involves drugs, theft, or violence, it could be an issue.
• Education: Schools have strict background check policies to protect students.
• Banking and finance: A fraud or theft charge might disqualify you from handling money. This includes everything from working as a bank teller to becoming a guard with an armored car service.
• Law enforcement and security: Criminal charges — especially felonies — are major red flags and will usually prevent you from taking these career paths.

Steps to improve your job prospects after criminal charges

If you’re worried about how a criminal charge might affect your job search, you’re not out of options. Here’s how you can improve your chances:

• Check your record – Don’t assume you know what’s on it. Request a copy of your background check so you can see exactly what employers will see.
• Seek expungement – If your charge is eligible, getting it expunged or sealed can help keep it from showing up in background checks.
• Be honest (but smart) in interviews– If an employer asks about your record, don’t lie. Instead, be upfront and focus on how you’ve grown from the experience.
• Highlight your strengths– A solid resume, good references, and strong interview skills can help outweigh concerns about your record. That’s particularly true if the charges are years in the past.
• Consider alternative paths– Some industries are more forgiving than others. Freelancing, trade jobs, and self-employment might be options if traditional employment isn’t working out.

Again, understand that, in most cases, employers aren’t looking to bar you just because you were convicted of a crime. They want to protect their business, so if you can show that you’re no longer a risk, your criminal history may not be as big of an issue.

Know your rights

In some cases, employers can’t hold a criminal charge against you. Laws vary by state, but many protect job seekers from discrimination based on non-convictions. Remember that Maryland is one of the “ban the box” states with strict rules about when employers can ask about your criminal history. If you feel you’ve been unfairly denied a job, you may have legal recourse.

The bottom line

Having a criminal charge on your record isn’t the end of the road. It just means you may have to work a little harder to find the right job.

By knowing your rights under Maryland law, being honest with potential employers, and taking steps to improve your record when possible, you can still build a successful career. Don’t let a past mistake define your future.

However, understand that discrimination based on criminal history does happen, even in Maryland. If you want to fight against any charges, or learn more about your options, get in touch with Drew Cochran Law.