Pardons, Sealed Records, and Expungements: Navigating Employment Decisions
W. Barry Nixon
Consulting Expert on Background Screening and Workplace Violence Prevention
The number of Americans with a criminal history has risen sharply over the past three decades. Today, nearly one-third of the adult working-age population has a criminal record. So many Americans have a criminal record that as many criminal convictions exist as college degrees which is an important reason why “ban the box” laws have emerged across the country. Individuals who have been convicted have to navigate an intricate landscape to find meaningful employment. Getting hired can be challenging, especially when considering the legal frameworks surrounding criminal records. Understanding pardons, sealed records, and expungements is crucial for job seekers to effectively navigate this territory. These legal mechanisms can significantly impact employment opportunities and decisions, ensuring fairness and second chances in the hiring process.
Pardons
Definition and Purpose
A pardon is a governmental act of forgiveness for a crime, issued by the President (for federal offenses) or a governor (for state offenses). Pardons do not erase the criminal record but do provide official forgiveness, restoring certain rights lost due to the conviction, such as voting, serving on a jury, or holding public office. In some cases, a pardon can also help reduce or eliminate the stigma associated with a criminal conviction, making it easier for individuals to move forward with their lives.
Impact on Employment
For job seekers, a pardon can be a significant factor in the hiring process. While it does not erase the conviction, it indicates that the government believes the individual has been rehabilitated and deserves a second chance. Employers may view a pardon as a positive signal of the candidate's character and commitment to reformation. However, the conviction will still appear on background checks, and employers must decide how much weight to give the pardon in their decision-making process.
Several states are automatically updating their records for cannabis-related offenses by removing the records from being visible to potential employers.. For example, Maryland has pardoned 175,000 people with cannabis-related offenses before January 1, 2023. The Maryland Judiciary intends to update electronic dockets within approximately two weeks from the signing date. Individuals do not need to take action but can verify their inclusion for a pardon online or at courthouse kiosks.
Sealed Records
Definition and Purpose
The primary purpose of sealing records is to give individuals a fresh start by preventing potential employers or other entities from seeing the details of their past criminal activities.
To have a felony record "sealed" means that your criminal conviction is hidden from public view, so most people, including potential employers, landlords, and schools, cannot access it through a background check; however, certain government agencies like law enforcement may still have access to the sealed record under specific circumstances, depending on the jurisdiction's laws.
Key points about a sealed felony record:
While sealed, the record still exists but is not readily available to the public.
Only specific authorized individuals or agencies can access a sealed record, usually with a court order.
A sealed felony conviction generally won't appear on most background checks, allowing individuals to answer "no" when asked about criminal history.
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Depending on the jurisdiction and the nature of the crime, individuals may need to meet certain criteria to be eligible to have their records sealed.
Impact on Employment
For job seekers, having a record sealed can greatly enhance employment prospects. Employers conducting background checks will generally not see sealed records, which can reduce bias and discrimination based on past criminal activity. However, job seekers need to understand the specific laws in their state, as the accessibility of sealed records can vary. It is important to know the legal limitations of accessing and using sealed records. In many jurisdictions, it is illegal to inquire about or consider sealed records during the hiring process. If you believe that a prospective employer has accessed your records and it has adversely impacted you, meaning you did not get hired, you should consider contacting an attorney.
Expungements
Definition and Purpose
Expungement is the process of permanently removing a criminal record, as if the conviction never occurred. When a record is expunged, it is erased from all public and law enforcement records, and the individual can legally deny the occurrence of the expunged incident. Expungement is typically granted by a court and is often reserved for less severe offenses or for individuals who have demonstrated significant rehabilitation.
Impact on Employment
The impact of expungement on employment is profound. For job seekers, an expunged record means they can apply for jobs without the fear of past convictions surfacing during background checks. This can dramatically increase their chances of being hired and allow them to move forward without the stigma of a criminal record. For employers, it's important to understand that once a record is expunged, it is as though it never existed. Employers are legally prohibited from inquiring about or considering expunged records in their hiring decisions. This underscores the importance of staying informed about the legal status of candidates' records and ensuring compliance with all relevant laws.
Practical Considerations for Job Seekers
Conclusion
Understanding the intricacies of pardons, sealed records, and expungements is essential for job seekers. These legal mechanisms provide pathways for second chances, helping individuals with past convictions reintegrate into the workforce. Job seekers can benefit from these processes by gaining opportunities to rebuild their lives and careers free from the shadow of past mistakes.
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Our goal is to increase your knowledge and understanding of the employment background screening process to help you to better navigate the job-hunting process. We will help you to become an educated and empowered job seeker to ease any anxieties you may have about the process and help you to become a confident job seeker.
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Published by W. Barry Nixon
Founder, PreemploymentDirectory.com | Co-Author - Background Screening Investigations: Managing Hiring Risk from the HR and Security Perspective | Former Co-Chair, International Committee for Professional Background Screening Association (PBSA) | Publisher – The Global Background Screener | Publisher – The Background Buzz | Publisher - Annual Background Screening Industry Resource Guide | Publisher - In Search of Excellence in Background Screening: Best Practice Insights from Accredited Background Screening Firms | Publisher – Annual Suppliers to the Background Screening Industry Buyers Guide