Criminal Records - Who Checks Them

A company must obtain a prospective employee's written consent before it can run a check and get criminal record information. Read your application carefully. Often the wording for obtaining consent for a criminal record check is written into the job application, though some companies use a separate consent form. Many states have laws limiting how far back they can check for convictions, or limiting the types of convictions they take into account for business or job-related offenses. Even if your record has been expunged, these types of offenses may still come up in a criminal records search. You may want to check with a lawyer to find out how far into the past an employer can look for arrests or convictions.

A state board checks criminal records for license applicants in many occupations. If you are applying for a license as a teacher, health care worker, childcare worker or elder care worker, then you may be subject to a criminal record check. The licensing agency may limit the background check to occupation-related offenses. Having a larceny conviction should not be a problem for someone applying for a license for massage therapy, yet a conviction of prostitution or a sex offense would. If you are trying to obtain a license to work with vulnerable persons, such as children, the sick or the elderly, then criminal record checks can create special problems.

A past criminal offense can create problems for a person who is looking for work. This is true whether an employer is doing a criminal records search or it is a state licensing board that checks criminal records. If the arrest or conviction was in the distant past, then having a clean criminal record in the years since can work in your favor. Having the conviction expunged from your record can also help in getting a job or a professional license. In either case, if you have had a past brush with the law, you should talk to an attorney to find out how offense will affect your being able to find work.