Legal Restrictions on Ex-Offenders
The federal government, as well as many state and local governments, place
special legal restrictions on people with criminal records. Many drug offenders,
for example, are prohibited from acquiring public housing or receiving other
forms of public assistance.
While employers ostensibly cannot discriminate against individuals solely on
the basis of their criminal record (implicit in Title VII of the Civil Rights
Act and protected by the Equal Employment Opportunity Commission
[www.eeoc.gov]), they can refuse to hire if they can show that your background
will negatively affect their workplace and business.
Also, several federal laws specify certain occupations that are off-limits or
restricted for individuals with various types of criminal convictions, and
certain jobs require mandatory criminal background checks for public safety
purposes. Among these are:
- Financial institutions insured by the Federal Deposit Insurance
Corporation (if your conviction involved dishonesty, breach of trust, or money
laundering).
- Insurance industry (for certain classes of felons)
- High-level positions in unions and companies managing employee benefit
plans (barred for 13 years)
- Health care services that receive Medicare and Medicaid payments, and the
pharmaceutical industry (for certain types of crimes)
- Child care services (require criminal history background checks for
positions involving child care)
- Prisoner transportation services (require criminal history background
checks)
- Aviation (since 2001, many positions with airlines and airports require
background checks to further ensure public safety)
- Law enforcement and other criminal justice positions (prohibited from
entering most such jobs)
State and local governments may include
additional restrictions on certain occupations, especially any positions that
deal with public safety and welfare, such as driving a bus or taxi. Most states
also prohibit ex-offenders from acquiring certain professional licenses and
vocational certifications. You need to inquire about any such restrictions
before looking for a job or acquiring training and certification. Many
government agencies have unwritten rules not to hire ex-offenders, even though
they are not supposed to discriminate.
SOURCE: Adapted from Ron and Caryl Krannich, Ph.Ds, The Ex-Offender's
Job Hunting Guide (Manassas Park, VA: Impact Publications). Copyright
2005. All rights reserved.
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