Question

Employment discrimination / conviction record.

Asked 19 January 2012 · 1 answer

The question

I think I may need some help and some advice and any responses would be greatly appreciated.

I applied for a Correctional Officer position with a local County. I was not given an interview even though I posses a Degree in Criminal Justice - Corrections Science. I called and talked with a person in HR. He pulled my application and told me that my "criminal record was not consistent with that of a law enforcement officer" (which the jailers are sworn positions and in fact deputies of the County). I do not have a felony and the newest conviction is 2001 for possession of stolen property. I recorded this conversation with the HR rep.

I filed a complaint with the State and the County responded by saying "I show a pattern of dishonesty".

Since the last conviction in 2001 I have had 1 speeding ticket and 1 seat belt ticket, bought a home, earned a degree, and raised a son with a disability. Hardly a current pattern of dishonesty and being untruthful, in the past maybe, but when do I get to leave the past mistakes behind me???

No where in the respondents response do they actually talk about the application and subsequent phone conversation I had. That was the whole basis of the complaint and the law firm representing the county totally and completely just did not respond to those things. I feel that the County is now being dishonest and deceitful....... the same things they accuse me of in 1996 - 2001. All I want to do is work and make a living for my son and I!

Any help would be appreciated although I understand the complexity of such cases. I need to respond by the 26th of this month to the state. Thanks in advance.

From the LawyerCentral forum archive. Originally posted 19 January 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 20 January 2012

What state? Nine states -- Arizona, Colorado, Connecticut, Florida, Kentucky, Louisiana, Minnesota, New Mexico and Washington -- prohibit employment discrimination against ex-offenders seeking public sector jobs. Five other states -- Hawaii, Kansas, New York, Pennsylvania and Wisconsin -- also prohibit ex-offender discrimination in the private sector.

If you sought work in one of these states, you may have a basis for seeking redress. If, however, you work in the majority of other states which do not prohibit such discrimination, then you would not have any redress.

On a related note, you may want to seek to have your criminal record expunged. If a worker with an “eligible” criminal record can successfully have his record expunged, then the state will remove reference of this criminal activity from court, police and motor vehicle records and files. Moreover, the effect of the expungement order allows the affected individual to “truthfully” deny the existence of the above-described charges or convictions when seeking prospective employment.

For more information on expungement and related issues, you may want to review the following article, “IS YOUR CRIMINAL HISTORY THWARTING YOUR JOB SEARCH? HOW TO IMPROVE YOUR EMPLOYMENT PROSPECTS.”

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