Overcome job search hurdles and win interviews

Dear Sam: My son will be completing a three year incarceration (drug charges) next month. He has some positives; prior to incarceration he completed a residential treatment program, remained drug free for nine months, and maintained employment. He has 10 years as an ironworker (union card should be reinstated) and general construction and equipment operator skills. He has no post-release sanctions. His incarceration was a rehabilitation process, it was without incident, and he was the Warden’s office runner for last two years. He has matured and seems to have appropriate focus and realization that employment will be difficult. He wishes to remain in the skilled trade arena. What and how should he answer the “past criminal” background question on applications and in an interview? – Bill

Dear Bill: Honesty in a job search is always the best policy. Let me just mention that if he creates a résumé, it does not need to disclose his criminal background, but does need to do a great job of communicating his most notable qualifications for his current career interests. His résumé (when required) will play a key role in overcoming the challenge of returning to the workforce after a conviction. If he can present his value as a candidate (proven through past work experience, related training, and transferable skills) he will stand a better chance of the hiring manager understanding what he can bring to the table and not holding his record against him.

When asked in a job application if he has a criminal history, he has to be honest. While some companies may not perform a pre-employment background check, they may adopt this policy mid-employment, and if caught in a lie, this would jeopardize his job. I spoke with a local human resources manager to gain additional insight from the other side of the table. She told me that honesty is definitely the best policy, and even if a background check is not performed, typically there is a 'certification of honesty' statement at the end of an employment application. If you check 'yes' to being honest in your application, yet have checked 'no' to the question regarding any convictions, that would be grounds for immediate dismissal if and when the employer found out the truth. She also conveyed to me that non-violent offenses typically do not disqualify you for a position as you do not present the same risk to the organization and its employees as a violent offender. Additionally, the weight your conviction holds depends on the opportunities you are pursuing. Acts of dishonesty may be held to a higher threshold if you are handling sensitive information, whereby they probably won't disqualify you when working in other settings.

When completing the application and the "Have you been convicted of a felony?" question, have him make a note on the form that he will be glad to discuss this during an interview. This gives him the opportunity to fully present his situation, explaining how his conviction provided a rehabilitation opportunity, that he learned from his mistakes (demonstrated through experiences and achievements while incarcerated), and that he is committed to making a contribution to his next employer. The key in handling this effectively is to remain positive, communicate what he has learned, and convey the value in his related training and skills.

If you both have specific questions regarding the legalities involved in a job search when dealing with a criminal record, you could contact the U.S. Department of Labor who will give you guidance on Federal regulations governing hiring practices and allowable interview questions within the Federal, State, and Private sectors. I wish him a successful transition back into the workforce.

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Dear Sam: I have a quick question, but I think it requires a background explanation. I had a 28-year impeccable career, begun as clerical support, worked through promotions, bettered my education via bachelors and masters degrees and was laid off 18 months short of full pension as a mid-level manager without any recourse and at a relatively young age (46). I survived 18 months on severance, an additional 18 months on retirement savings but was unable to find re-employment. So I tried my hand at restaurant/bar ownership. The bar is successful but could not sustain my debts created by the big corporate job and I was forced into bankruptcy. I am now looking to re-enter the business world at any level suitable to my experience and background. My problem is I cannot get so much as a call back, even though my qualifications sometimes match to a tee. I feel confident that if I could get a face-to-face interview I could explain my difficult situation and I could be a real asset.

My quick question is, does the fact that I filed for bankruptcy immediately flag me as unemployable? I hear various opinions that hiring managers are relying heavily on credit rating. The irony is for 20 years I had an exceptional credit rating (mid 700s), but coinciding with my layoff, the housing market fell out, I was unable to sell my home and I could not find a new position. I had no choice but to file bankruptcy. – Jack

Dear Jack: According to the Society for Human Resource Management approximately 35% of employers pull the credit of potential and current employees. Bad credit does not make you unemployable; in fact under Title 11 of the U.S. Code, employers are prohibited from discriminating against someone who has filed for bankruptcy. Of course the employer can cite a negative credit history that existed before the bankruptcy as the reason for not offering you a position, but if you can justify your credit actions, this may help your case with the prospective employer.

Based on your current objective, I would imagine a credit check would be conducted after you received an interview (I’d take steps to make sure your résumé is really the best it can be as I’d guess that your credit it not impacting the screening / pre-interview process) which would provide you with an opportunity to explain your situation. According to the Fair Credit Reporting Act you have to give the employer permission to run a credit report, so you will not need to disclose this information unless you know it will be a factor in the decision making process. When it will be a consideration, you could say something like, “When processing my background / credit check you will notice that after being laid off after an exceptionally successful 28-year career, I had to take the unfortunate step of filing bankruptcy. It was a decision I did not take lightly nor was it born out of irresponsibility, in fact what my report does not note is that I maintained a very high credit score my entire life until this point. What I can offer your team however is a proven track record of accomplishment and solid academic preparation, not to mention references that will attest to my experience and character.” The key is to refocus the interview on the positive aspects of your candidacy, make a brief mention of the reasons for your action, and also provide additional character references that can back-up your explanation while providing a strong professional reference.