Grand Prairie, TX asked in Employment Discrimination and Employment Law for Texas

Q: Job applications and felony convictions what is the rights of the applicant and of the employer?

I filled out a job application and I have a felony I check the box and inside wrote the dates and what city the crime occurred in I also wrote will explain further when needed what are my rights the employer sent me back a message stating

Thank you for your interest in employment opportunities with ×××××, Inc. In your employment application, you answered “YES” to the question “have you ever been convicted of a crime.” Although you disclosed in your application that you have been convicted of a crime, the information you provided regarding your criminal history is incomplete. Specifically, one or more of the following is missing: the nature of the crime(s), the City, State, Zip Code and County of the conviction(s), when the crime(s) occurred, your subsequent rehabilitation and all specific conviction details. This information is needed to evaluate your application.

I'm not sure how the law in texas works for rights of felons and applying for jobs can they do this?

1 Lawyer Answer

Roy Lee Warren

Answered
  • San Marcos, TX
  • Licensed in Texas

A: Thank you for your question. This is an evolving area under the law. The State of Texas provides a website with the the following:

6.4 JOB SEARCH WITH CRIMINAL RECORD

It is important for a person with a criminal history to be up front about their experience and explain the circumstances of the arrest. The employer should assess whether the conduct is closely enough related to the job to justify denial of employment. Before going in to an interview, the applicant should be prepared to

point out that the past offense(s) are not closely related to the job to which she is applying, after considering

• the nature of the job,

• the nature and seriousness of the offense, and

• the length of time since it occurred.

6.4.1 Tips on Conducting a Job Search with a Criminal Record.

A job seeker with a criminal history knows that a background check is coming. Employers want to know if the applicant has the skills to succeed in the position. Here are some tips for previously incarcerated job seekers from employment and human resource professionals:

Know everything about your conviction. It’s important to know exactly what you’ve been convicted of and whether the record was expunged. Many have no ideal about the actual charges that they were convicted of. It makes a difference. Applicants should know enough about their criminal record to explain the details. If not, an employer may think that the applicant doesn’t care enough about it to explain it to them. Explore volunteer opportunities Find at least two civic organizations to volunteer at in order to obtain solid references to back up their application. Six to 18 months of volunteer work volunteer work will go a long way in getting a usable reference.”

Consider the type of company to which you’re applying Depending on the type, size or management style of a company, it may or may not conduct a criminal background check or be more lenient in accepting applicants with a criminal past. Most applications ask whether you have been arrested or convicted of a crime. Some will ask for felony convictions only, which means conviction of a misdemeanor might be allowed. A convicted felon may have better opportunities in, small businesses where he may have an opportunity to explain what happened directly to the owner. See Locked Out: A Texas Legal Guide to Reentry, 2nd Edition - 2017

Also, for restrictions on felons, you my want to look at the following website:

www//texas.gov/library-resources/collections/restrictions-on-convicted-felons/?view=home

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