Do I Need to Disclose a 2004 Felony on Job Applications?

Question from AJ, Do I Need to Disclose a 2004 Felony on Job Applications?

Answer from AI:

When applying for jobs, whether or not you need to disclose a past felony conviction can depend on several factors, including the laws of the state where you are seeking employment, the nature of the job, and the policies of the employer. Here are some general guidelines to consider:

State Laws on Disclosure of Criminal Records

• New Jersey Law: In New Jersey, there are laws that limit employers’ ability to ask about criminal records for certain positions. The “Ban the Box” law, for example, prohibits employers from asking about criminal history in the initial job application. However, they can inquire about criminal history later in the hiring process.
• Pennsylvania Law: Pennsylvania has similar protections. The Criminal History Record Information Act (CHRIA) restricts employers from considering certain types of criminal history and provides for the sealing of low-level criminal records in some cases.

Expungement and Sealing of Records

• If your conviction has been expunged or sealed, you may not need to disclose it. Expungement is a legal process that can remove a conviction from your record, while sealing limits who can see the conviction.
• It’s important to check whether your conviction qualifies for expungement or sealing in New Jersey, as this could affect your need to disclose it.

Time Since Conviction

• As your conviction occurred in 2004, it has been 20 years. Some states have laws that limit how far back an employer can look into your criminal history. However, these laws vary widely, and some do not have any time limit.

Nature of the Job

• Some jobs, particularly those involving work with children, healthcare, finance, or government, may require a more thorough background check and disclosure of all past convictions, regardless of how much time has passed.

Employer Policies

• Employers may have their own policies regarding criminal history. Some may be more lenient than others, and some may be bound by industry regulations or insurance requirements to conduct thorough background checks.

Recommendations

• Review the job application carefully. If it asks about convictions within a certain time frame, answer truthfully within that scope.
• Consider consulting with a legal professional to understand your rights and obligations regarding the disclosure of your past conviction, especially since it involves a felony.
• Research the expungement or sealing process in New Jersey to see if your conviction can be removed from your record. You can find more information on the New Jersey Courts website.
• If you are unsure about whether to disclose your conviction, you may want to seek legal advice. A lawyer can provide guidance based on the specifics of your situation and the laws applicable to your case.

Remember, this information is not legal advice, and it’s important to consult with a legal professional for personalized guidance. Laws and regulations change over time, and a legal expert can provide the most current and relevant advice for your situation.