Weatherford, TX asked in Civil Rights, Constitutional Law, Criminal Law and Employment Discrimination for Texas

Q: My criminal history is being used illiegaly to deny me an opportunity for employment to better myself who do it tellntx

I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses

2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Employment Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: The EEOC investigates claims of unlawful employment discrimination. It has published a guide on how and when employers may use a job applicant's arrest and conviction record to screen applicants. This guide is focused on when using this information to screen job applicants constitutes discrimination due to race or ethnicity as a result of the disparate impact on such minority populations. If you believe that prospective employers have been using your criminal history to unlawfully discriminate against you based upon your race or ethnicity, you should file a complaint with the EEOC: https://www.eeoc.gov/federal-sector/filing-formal-complaint

Be aware that it is not per se illegal discrimination to use a job applicant's criminal history to screen them for employment. It can become illegal discrimination when a prospective employer is using criminal history as a proxy criterion for discriminating against job applicants based upon their race or ethnicity.

Jo Ann Linzer
Jo Ann Linzer
Answered
  • Criminal Law Lawyer
  • Conroe, TX
  • Licensed in Texas

A: Although you cannot expunge or non-disclose felony convictions, you should contact an attorney to review your criminal history with you and determine if there is anything that can be done to clean up your record. However, if I am reading your question correctly and you have 4 convictions for sexually related offenses, those are going to be permanently on your record.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.