What Effect Does a Criminal Conviction Have on Employment Opportunities?

Unfortunately, having a criminal record can have a negative impact on applying for employment. In Colorado, employers may not ask about criminal history on the initial application, nor can they publish hiring ads stating people with criminal histories should not apply. However, the employer may ask once the applicant moves further into the process (such as a second interview or conditional job offer). However, at any point, the employer may run a background check on the candidate and uncover those records without asking the candidate about them.

That means that it can be difficult to get a job with a criminal record. In places where there are far more applicants than job openings, it’s highly likely that someone with a criminal record will be passed over, and as long as the employer follows the requirements above, it’s legal.

There’s a second effect a criminal record can have on employment, and that involves careers that require licensure (such as teaching).

Licensure boards can review a candidate’s history and deny licensure due to a criminal history. That means the person cannot even apply for relevant jobs, as they don’t have the basic requirements for them.

Some jobs specifically require candidates without criminal records or convictions, and that can be legal, too.

What Does Having a Criminal Record Expunged Mean, and Is it Different From Having a Record Sealed?

When someone is convicted of a crime, one result is that they have a criminal record showing that conviction can be accessed by many people, including potential employers. If various circumstances are met, it’s possible to have those records sealed or expunged. Often, people think the terms “sealed” and “expunged” are interchangeable, but they’re not; they have different outcomes and long-term ramifications.

In Colorado, when a record is sealed, it’s not available to the general public, but it’s still accessible to law enforcement. However, routine background checks for employment, housing, college applications, etc., will not find these records. But someone can access the sealed record if they get a court order allowing them to do so.

There are situations in which the state automatically seals a criminal record. If someone is charged with a crime but not convicted, that is automatically sealed. In cases where the person was convicted, there’s a waiting period of four to ten years, depending on the type of crime.

The records are automatically sealed if the waiting period is completed with no further infractions. Violent crimes are not eligible for this, nor are cases where the convicted person still owes fines, court fees, or restitution costs.

When a record is expunged in Colorado, it’s essentially erased from the database where it was originally kept. In other words, it completely disappears. Moreover, the person whose record was expunged can legally claim they were never arrested, charged, or convicted of the crime in the record. That, in turn, can make getting a job easier than trying to explain away a criminal history.

What Types of Criminal Records Are Eligible for Expungement in Colorado?

Expungement isn’t available for every crime conviction. Unfortunately, there are only a few crimes for which expungement might be applicable.

  • Juvenile crimes. Convictions of crimes as a juvenile are eligible for expungement in specific circumstances.
  • Underage drinking and driving. 
  • Arrest records if someone was arrested due to mistaken identity. 

Other crimes, including adult traffic infractions or driving under the influence, murder or other violent crimes, sex offenses, and aggravated juvenile offenses, will not be eligible for expungement. 

Who Is Eligible to Have Criminal Records Expunged in Missouri?

Besides being available only for certain types of crimes, having records expunged also has other requirements. There are required waiting periods, during which the person requesting expungement must not be charged with additional crimes.

  • Juvenile crimes: One to five years waiting period
  • Mistaken identity arrests: The law enforcement agency involved in the mistaken identity arrest must request expungement within 90 days of the incident.

Once the required waiting periods have been met and no other charges have been filed, various forms and paperwork must be accurately filled out and submitted to the correct agency or court. These are complex forms with specific requirements. Suppose someone is interested in expunging a record and thinks they’re eligible. In that case, they’re strongly advised to work with an experienced expungement attorney to ensure they follow the requirements for the paperwork to help the process move along smoothly and efficiently.   

What Are Other Possible Effects of Having a Criminal Record

There are many, besides difficulty finding employment.

  • Credit. Someone applying for credit may be denied based on their record.
  • Housing. Landlords have some restrictions similar to employers about when they can request background info, but in certain cases, they can refuse to rent to someone with a record.
  • Advanced education. Criminal histories may result in the rejection of college or university applications. 

What Should I Do if I Have a Criminal Record and Want to Pursue Expungement?

Call The Lux Law Firm as soon as possible at 719-451-7469 to schedule a free case evaluation. Our criminal defense attorneys can review the specifics of your criminal conviction and history and provide guidance as to what may be possible. If you appear eligible for expungement, our experienced expungement attorneys can help you with the process. We understand how frustrating and limiting having a criminal record can be, and we’ll work with you to achieve the best possible outcomes.