On top of prison times, fines, and other penalties that those convicted of a crime may face, when they are ready to return to employment, they are often denied. Many applications require that an applicant disclose whether or not they have been convicted of a crime, and if so, they will no longer be considered. This not only makes it difficult for those that have made a mistake in their past recover, but may encourage other, perhaps illegal, means of survival to get by.

Check the Box Law Opens Employment

A recent New Jersey law will work to help these job applicants by prohibiting some employers from asking about a criminal history on initial employment applications and using language that states criminal history will be a reason for an applicant to not be considered for the position.

The official name for this law is the "Opportunity to Compete Act", but has been called "Ban the Box" to refer to the box applicants were asked to check if they had a criminal history. This law prevents criminal history from automatically stopping someone from being hired, but will also prevent employers from asking questions about crimes that they were not convicted of, expunged from their record, or are over 10 years old.

When is criminal history important in the application process?

While this law does not stop employers from asking an applicant about their criminal history, it does make sure that a criminal history does not automatically bar employment. The only time that a criminal inquiry can be made is if the applicant has made it in for an initial interview and the employer determines that this person if their first choice for the position. They do not have to offer the position if they find out that a criminal record exists.

An employer will be able to request criminal history if:

• An applicant discloses their own criminal history without prodding
• The job involved law enforcement, homeland security, the judiciary, and other emergency services
• A background check is required by law
• A criminal history legally prevents this applicant from working in this job
• An employer cannot conduct its business if their employees have criminal backgrounds

Any employer that has over 15 employees working for them must comply with this new law or be fined up to $10,000.

New Jersey joins six other states across the nation that have instituted similar legislations. Studies suggest that those that gain employment following a conviction are less likely to recommit crimes and has a greater change to reduce to re-incarceration rate.

If you believe you can benefit from Ban the Box or other similar legislation, contact a criminal defense attorney. Your previous criminal history should not prevent you from obtaining employment and building a new life for yourself.