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can you get a job with a felony

Can you get a job with a felony? – What you need to know

If you’ve been convicted of a felony, you’ve probably wondered, “Can you get a job with a felony?” Having a criminal record can affect your ability to get a job in the United States. It can be very stressful and worrying not knowing if this mark on your record could now cause you problems finding employment and supporting yourself financially.

For this reason, a criminal defense attorney can advise you, whether you are facing charges that could lead to a felony sentence or have already been convicted and are trying to rebuild your life.

Key Takeaways

  • Having a felony charge doesn’t prevent you from working, but it does make the process more complex. Many employers conduct background checks and may consider the type of offense, the time elapsed, and evidence of rehabilitation when evaluating a candidate.
  • The “Ban the Box” law and the Fair Opportunity Act offer important protections. In California, employers with five or more employees cannot ask about your criminal history until after a conditional offer, and must evaluate your case fairly and without discrimination.
  • There are legal options and practical strategies to improve your job prospects.. Expungements, Certificates of Rehabilitation, governor’s pardons, and the sealing of arrests without conviction can help; in addition, preparing a good explanation, focusing on skills, and using reliable references increases your chances of being hired.

Implications of a criminal record when looking for a job

As we’ve already established, finding a job with a criminal record makes the already difficult process even more complicated. One reason for this is that many employers conduct criminal background checks before making a hiring decision.

This is possible through a third-party credit reporting agency (CRA), among which we can name:

  • AccurateNow
  • Sterling
  • GoodHire
  • Checkr
  • First Advantage
  • HireRight

You may be wondering what you can do to prevent your past from haunting you as you try to rebuild your life in a new job. The first step is to know your rights regarding your criminal record, such as answering “no” to related questions .

Furthermore, employers are not allowed to ask about your criminal record on an initial job application, but they can do so during the hiring process. They can also request your written permission to conduct a background check.

It’s important to note that in the case of a job application that requires a security or loyalty bonus, questions about your criminal history are permitted during the application process. However, employers should consider whether there is any connection between the type of crime committed and the job you are applying for; evidence of rehabilitation; and the time that has passed since you received your sentence or were released from prison.

The “Ban the Box” Act and your rights when looking for employment

California’s Fair Chance Act (FCA), also known as “Ban the Box”, restricts California employers who already have five or more employees from asking about an applicant’s criminal history until after an employer has made a conditional job offer.

According to the factsheet from the California Department of Civil Rights, The Fair Opportunity Act protects a wide variety of workers in California, including job applicants, people who start working before a background check is conducted, employees who are going to receive a promotion, and any worker subject to a new background check.

This measure also applies to public and private employers with five or more employees, such as union hiring offices, labor contractors, and temporary employment agencies. However, there are specific exceptions: the law does not cover agricultural labor contractors, state criminal justice agencies, certain positions in healthcare facilities, or jobs where background checks are a legal requirement.

Furthermore, California’s Fair Employment and Housing Act places important limits on how employers can use criminal records. Even when a position is exempt from the Fair Opportunity Act, an employer cannot automatically reject an applicant based on their criminal history if that practice disproportionately affects people with certain protected characteristics, such as race, without a legitimate business purpose. 

This means that decisions related to criminal records must be justified and necessary to maintain safe and effective operations, avoiding unfair or unnecessary discrimination.

criminal background checks for employment

How a felony can affect your job search

If you have a felony on your criminal record, you may face obstacles that prevent you from accessing public sector jobs, professional licenses, or even housing since many companies perform criminal background checks for employment. Not only that, you may also be excluded from social assistance programs, federal subsidies, and scholarships.

All this and more can affect not only the economic stability of the household but also immigration status and has strong repercussions on minor family members if the adult with a criminal record is the main financial provider.

Improve your job prospects even if you have a felony

Having a felony conviction isn’t the end of the world; there are options to improve your chances when looking for employment, such as:

  • Request an expungement: It’s one of the most common ways to clear a criminal record. While it can’t erase the entire record, it helps with job opportunities for minor offenses and some felonies. Seek the support of a criminal defense attorney like SB Legal in San Diego to do it successfully.
  • Obtain a Rehabilitation Certificate: This is an official court declaration recognizing that the person has demonstrated an upright, productive, and crime-free life for a prolonged period.
  • Apology from the state governor: This is the highest possible relief for people with criminal records in California. It doesn’t automatically erase the conviction from the record, but it does restore many civil rights, improves your legal reputation, and can open employment opportunities that would otherwise be closed to you.
  • Sealing of arrests without conviction: If you have ever been arrested but never convicted, the law allows you to request that the arrest record be permanently sealed. Once sealed, it will not appear on most background checks, and employers cannot use that information against you.

Can you get a job with a felony?  – Practical tips for finding a job with a felony conviction

If an employer asks about your history, the key is strategic honesty. You don’t need to go into unnecessary detail about the situation, but rather focus on what you learned and how you’ve grown since then. A good approach is to briefly explain the incident, take responsibility, and then steer the conversation toward positive changes in your life: stable employment, completed programs, volunteer work, or any steps toward rehabilitation.

During the interview, focus on highlighting your skills, work ethic, and the results you can deliver. Bring concrete examples of problems you’ve solved, tasks you’ve handled, or past achievements. It’s very helpful to emphasize how your experiences—even the difficult ones—have given you resilience, discipline, and motivation to move forward.

References can be an incredibly powerful tool. Seek out people who can vouch for your character and work ethic: former supervisors, community leaders, mentors, instructors, or volunteers you’ve worked with. Investing in courses and certifications—whether in trades, technology, services, construction, or vocational programs—also demonstrates that you are active, skilled, and committed to your professional development.

In conclusion

Having a felony conviction on your record can make finding a job more difficult, but it doesn’t mean your opportunities are closed. By knowing your rights, using available legal tools, and preparing strategically for the hiring process, you can move toward a stable employment future.

Protections such as the “Ban the Box” law prevent discriminatory practices, while options such as an expungement or the Rehabilitation Certificate can significantly improve your profile with employers.

Contact SB Legal if you need more information about criminal records or require legal support. We offer a free initial consultation in San Diego.

Frequently Asked Questions

How long does it take for a felony conviction to be erased?

The time it takes to expunge a felony conviction depends on the type of crime and whether you fulfilled all the requirements of your sentence. In many cases, you can request an expungement after completing probation or parole and having no new legal problems.

Can you work at Amazon with a felony?

Yes. In many cases, you can work at Amazon even if you have a felony on your record. Amazon treats applicants with criminal records on a case-by-case basis rather than applying a blanket ban.

If I have a criminal record, can I work for Uber?

It is possible, but it depends on the type of criminal record and how long ago it was committed. Uber conducts background checks through specialized agencies, and some offenses—such as certain violent crimes, sex offenses, or recent DUIs—can disqualify a person.

What are some jobs with no background check?

Many jobs typically do not require a background check, especially roles with small businesses or independent employers. Common options include restaurant positions like dishwashing, line cook, or bussing; day-labor roles in construction, moving, or landscaping; and warehouse or manufacturing jobs with local companies.