A criminal conviction can have far-reaching consequences beyond legal penalties, especially when it comes to employment. In San Diego, job prospects for individuals with a criminal record are often severely impacted, as many employers conduct background checks as part of their hiring process. Whether you are applying for a new job, seeking a promotion, or trying to maintain your current position, a criminal conviction can complicate your professional future.
In this blog, we will explore how a criminal conviction affects employment opportunities in San Diego and how working with an experienced attorney can help mitigate those effects through options like record expungement and negotiating reduced charges.
1. Criminal Convictions and Background Checks
Most employers in San Diego perform background checks on job candidates to ensure they meet certain qualifications and present minimal risk to the company. A criminal conviction on your record can raise red flags during this process. Even a minor offense can prompt an employer to reject your application, as convictions may suggest poor judgment or unreliability.
What employers are looking for in a background check:
- Any past felony or misdemeanor convictions
- Arrest records, particularly if they led to a conviction
- Pending criminal charges
- Traffic violations, especially those involving DUI or reckless driving
2. Industries Where a Criminal Conviction Hits Hardest
Certain industries are especially strict when it comes to hiring individuals with a criminal record. Jobs that involve handling sensitive information, working with vulnerable populations, or requiring professional licenses are likely to be the most affected by a criminal conviction. These industries include:
- Healthcare: Medical institutions often have strict hiring standards due to their work with vulnerable populations, and a criminal record can disqualify you from working in many healthcare roles.
- Education: Teachers and school staff must pass rigorous background checks. Convictions related to violence, drugs, or child endangerment are particularly damaging for those seeking employment in schools.
- Finance: Roles in banking, accounting, and other financial services often require trustworthiness and responsibility. Employers in this field are unlikely to hire individuals with convictions involving fraud, theft, or embezzlement.
- Government: Jobs in local, state, or federal government, particularly those involving security clearances, are often off-limits to individuals with certain criminal convictions.
- Transportation and Commercial Driving: If your job requires a commercial driver’s license (CDL), a conviction, especially for DUI, can result in the loss of your license and livelihood.
3. How a Criminal Conviction Can Affect Your Current Job
If you’re already employed and get convicted of a crime, the impact can be just as severe. Many employers have policies that require employees to disclose convictions, and failure to do so can lead to termination. Even if disclosure is made, certain jobs may have policies that require dismissal for certain offenses. Jobs involving public trust or company assets may be especially strict about maintaining a clean record.
4. The Role of an Attorney in Mitigating Employment Impact
While a criminal conviction can make finding or keeping a job challenging, an experienced attorney can help minimize the damage. Here’s how a lawyer can assist:
4.1 Negotiating Reduced Charges
If you’re charged with a crime, an attorney may be able to negotiate with prosecutors to have the charges reduced. For instance, a felony charge might be reduced to a misdemeanor, or a misdemeanor could be further reduced to an infraction. Reduced charges can make a significant difference in how future employers perceive your background, especially if the charge is nonviolent or unrelated to the job you’re applying for.
4.2 Expungement of Criminal Records
California offers expungement options for certain types of convictions, allowing individuals to have their criminal records “erased” for most purposes. An expungement can be a game-changer when it comes to employment opportunities, as it allows you to legally state on job applications that you have not been convicted of a crime.
How expungement works in California:
- The conviction is set aside and dismissed.
- You must have completed probation or served your sentence.
- You must not have any new criminal charges pending.
- Some convictions, particularly those involving serious felonies, may not be eligible for expungement.
Although expunged records are still visible to certain employers—such as those in law enforcement or those requiring government security clearance—an expunged conviction will not appear in most general background checks.
4.3 Avoiding Conviction through Diversion Programs
In some cases, your attorney may be able to help you avoid a criminal conviction altogether by enrolling you in a diversion program. Diversion programs are typically available for non-violent, first-time offenders and can involve counseling, community service, or rehabilitation. Upon successful completion of the program, the charges are often dismissed, leaving you with a clean record.
4.4 Sealing Arrest Records
Even if you were arrested but not convicted of a crime, that arrest could still appear on your record. In California, you have the option to request that your arrest record be sealed if you were not convicted. This can prevent the arrest from showing up in background checks, offering a fresh start when seeking employment.
5. Ban-the-Box Laws in San Diego
San Diego follows California’s “Ban the Box” law, which prohibits employers from asking about your criminal history on job applications. Employers are only allowed to ask about convictions after they’ve made a conditional job offer. While this law helps prevent automatic disqualification based on a criminal record, it’s still important to be prepared for how to handle questions about your background during the hiring process.
Your attorney can guide you through this by offering advice on how to present your case to potential employers and how to respond to questions about your conviction once they arise.
Conclusion: Protecting Your Employment Future
A criminal conviction in San Diego can undoubtedly complicate your professional life, but it doesn’t have to be the end of your career. With the right legal assistance, you can take steps to minimize the impact of a conviction on your job prospects through expungement, record sealing, and negotiating reduced charges. Hiring an experienced criminal defense attorney is crucial in navigating the legal system, protecting your rights, and securing your future.
If you are facing criminal charges in San Diego and are concerned about how a conviction might affect your employment, contact a qualified defense attorney today to explore your options. Visit us online: https://msklawyer.com/
