Frequently Asked Questions
- When should I ask about disability accommodations?
- How do I negotiate a salary?
- What if I want to start my own business?
- What resources are out there for self-employment?
- Will my criminal record keep me from getting a job?
- What if I have an employment gap because of my criminal record?
When should I ask about disability accommodations?
How do I negotiate a salary?
- Evaluating & Negotiating an Offer: Take time to consider these points before accepting or declining a job offer.
- Employee Compensation Perception: How it Affects Retention: This article discusses a study about employee compensation misconceptions.
It is good to have a mentor to help you select a business, develop a plan and find resources for your own business. SCORE (Service Corps of Retired Entrepreneurs) is a voluntary organization composed of retired business people who provide some of the mentoring that can be helpful.
The following are examples of resources that exist for people who are looking to become self-employed.
- Virginia Commonwealth University has multiple webcasts available online http://www.worksupport.com/training/archivedWebcasts.cfm
- Entrepreneurial Job Development – Denise Bissonnette (video) Expanding ideas beyond traditional kinds of job. https://www.youtube.com/watch?v=-Le8B2FikzU
- A website for persons with disabilities at Virginia Commonwealth University http://www.worksupport.com/resources/listContent.cfm/19
- Microenterprises for those with low income http://www.dol.gov/odep/pubs/misc/entrepre.htm
- If your are a client of the state vocational rehabilitation agency, they will sometimes provide some resources and help you to connect with other resources.
- Disability.gov’s Guide to Self-Employment and Starting a Small Business https://www.disability.gov/resource/disability-govs-guide-self-employment-starting-small-business/
The first step is to get an official record from your state with the description of the offense/s, dates and other information. Sometimes an individual will expect that something “damaging” is in their record, when in fact, it is not. Each person must know how their offenses are classified, e.g. misdemeanor, felony etc., and which offenses show up in their records as an adult. Every state has a criminal justice information service that processes requests for information. To see an example of this, check out Massachusetts’s CORI page.
Once you have a copy of the criminal record, the next thing is to see if any of the record can be expunged or “closed”. At least 13 states have laws which allow for low level offenses to be expunged after a specific period of time. Serious crimes are not likely to be expunged. Each state has its own rules about expunging records, but some factors that may come into play include:
- If there was an actual conviction
- If the crime was not severe
- Length of time since arrest or conviction
- Whether terms of the sentence, probation or diversion were completed
- Whether there were other convictions in the past.
With written documentation of your actual record, you can examine what the impact on employment might be. Most states do allow employers to use criminal records when making hiring decisions – but not usually across the board. In other words, there must be evidence showing that the employer’s policy is reasonably related to the job requirements. For example, if the criminal offenses were related to violent or aggressive behavior, you may not be eligible for jobs in human services. The job seeker is wise to seek advice from professionals before embarking on job hunting. (Rosen)
Often employers are conducting criminal background checks when hiring job applicants, which can make it much more difficult for those with criminal records to achieve jobs. Most states allow employers to refuse to hire people with criminal records, not just those convicted but even sometimes those who were arrested but never convicted. Sometimes a vocational rehabilitation program that is working with you has employer relationships that can open doors or help provide solutions such as waivers. For some people, self-employment may help avoid issues with traditional employers.
Resources on criminal records
Your Rights – Criminal Records: This webpage features common questions and definitions related to employment with a criminal record.
Standards for Hiring People with Criminal Records: Explore this page to learn more about standards as well as summaries of state laws regarding criminal records.
National H.I.R.E. Network: This organization helps people with criminal records re-enter the workforce. It serves both as a national clearinghouse for information & an advocate for policy change.
If you have an employment gap because of a criminal record, do not try to hide it since the employer will be doing a criminal record check anyway. This is an example of trying to say something positive about the time spent in a correctional facility: “I was in a correctional center but I used the time wisely to get my GED, attend groups and get some really good training in office equipment.”
If you have a record but not prison time, you might say something like:
“I had an offense and was on probation for 6 months but I got a lot a help during that period and my probation officer helped me to get into a great program. Since then I have been doing really well, and I can’t wait to get back to work.” “I had an offense because I had a problem at the time with child support. But that is all straightened out now and I am doing really well.”