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.

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