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Employment w/a Criminal Record Finding post-incarceration employment can be an almost monumental task. Find tips, job offers and stories from those of us that have experienced it first hand.

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Old 12-21-2003, 08:54 PM
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Default Answers to Questions and 'How to's' for ex-offenders getting a job.....

Here is the link in case you can't read this for some reason:

http://www.lac.org/pubs/gratis/Are-you-brochure.pdf

Are you. . .
‚ a recovered addict
or alcoholic?
‚ in a methadone clinic?
‚ an ex-offender?

If so, then you probably have had trouble getting a
job. Does this sound familiar:

"Oh I'm sorry, we can't hire ex-cons — it's
a company policy."

"Too bad, I'd like to give you the job, but
we can't bond you."

"We can't have ex-addicts working around
children."

DON'T LET IT HAPPEN TO YOU

This booklet will tell you many things you can do to
prevent job discrimination before it happens. It will
also tell you about:

! A government program to encourage companies
to hire recovered addicts and ex-offenders.

! A federal bonding program for recovered addicts
and ex-offenders.

! Laws which protect recovered addicts and exoffenders
from unfair job discrimination.

! What to do if you are denied a job because of
your past

PREVENTING JOB DISCRIMINATION

Getting a job is like winning at a game —
it's important to LEARN THE RULES and
PREPARE.

First of all, know what to expect. Employers often
want to know if job applicants have criminal records
or have abused drugs or alcohol. They find this out—
! by asking you questions on job applications and
in interviews.
! by fingerprinting you and getting your rap sheet
(and remember that drug-related arrests or
convictions can clue employers into your
involvement with drugs).
! by giving you medical examinations or asking
you questions about drug or alcohol use, or
treatment for addiction or alcoholism.
! by running a credit or consumer report on you
that includes information about your criminal
history from the last seven years. (If the job you
are applying for has a salary of $25,000 or more,
the employer may see your criminal history from
more than the last seven years.)
Do employers have a right to know this information?
Yes and no. In New York:
! It is legal for employers to ask if you have ever
been convicted, and to look into any of your
convictions. It is not legal for them to ask you
about any arrest that did not lead to conviction.
However, even though employers are not
supposed to ask you if you have ever been
arrested, they sometimes do. If they do ask this
illegal question, and you have been convicted,
you must tell them about your convictions, but
not your arrests!
! It is legal for employers to ask if you have a
current physical or mental condition that might
prevent you from doing a job. In asking this
question, employers are allowed to ask you
some questions about your drug and alcohol use,
but this doesn't mean they can legally ask you
everything about your addiction or alcoholism,
or treatment for it. (See Q & A #6.)
! It is legal for employers to run a credit check on
you to find out if you have a criminal record as
long as they get written permission from you
before they do. In most cases, the credit report
can only include information about convictions
on your record, but not arrests. If the employer
decides not to hire you because of information
found on your consumer report, he or she must
give you a chance to see the report.
But the main thing is: know that you may be asked
questions and think ahead about how you are
going to deal with those questions. (See Qs & As
at the end.)
Here are some steps you can take before you apply
for a job that will help your chances of getting the
job:
STEP ONE: Get to know and clean up
your rap sheet, credit record, and
military history.
Your chances of getting a job will be better if the
employer does not see confusing and incorrect rap
sheets, less-than-honorable military discharges or
credit records that are not correct.
If you apply for a job with a large company or with a
governmental agency, they will run a background
check on you, so it is important that your documents
do not have mistakes in them and that you know what
is reported on them.
!
Cleaning Up Your Rap Sheet:
Most rap sheets have mistakes in them. Many rap
sheets show that a person was arrested, but do not
include the final outcome of the case. An employer
might assume the case was never resolved. For
example, you had a case that was dismissed and the
arrest may show up on your rap sheet, but not the
dismissal. Or you were charged with a felony but
only convicted of a misdemeanor. Your rap sheet
may list only the original felony charges without
including the final outcome of a lesser charge. Also,
a charge is sometimes listed more than once.
Mistakes and incomplete information can make your
record look worse than it is.
You should make sure your rap sheet contains
correct and complete information before you
apply for a job.
(1) Get a copy of your rap sheet by either contacting
the New York State Division of Criminal Justice
Services (DCJS) or requesting one through the
Legal Action Center. To get your rap sheet
through the Legal Action Center, you must
schedule an appointment by calling (212) 243-
1313. To contact DCJS, call (518) 485-7675, or
write to NYS Division of Criminal Justice
Services Record Review Unit 4 at Tower Place
Albany, NY 12203.
(2) If your rap sheet has arrests not followed by
conviction or has convictions for violations
(non-criminal offenses), you can "seal" these
cases. Then, most employers will never see
these cases and your rap sheet will look shorter
and less threatening.
To get information on how to seal your arrests that
did not result in conviction, call the Legal Action
Center at (212) 243-1313 on Tuesday or Friday.
!
Upgrading Your Less-Than-Honorable Military
Discharges:
Find out how to upgrade less-than-honorable military
discharges by calling the New York State Division of
Veterans' Affairs at (212) 417-4821.
!
Fixing Your Credit Record:
If the employer has done a check on your credit
record and is using incorrect information from the
record against you, call the consumer agency that
issued the report and find out how to fix the mistakes.
STEP TWO: Get a Certificate of
Rehabilitation.
When you apply for a job, an employer will want you
to show evidence that you have been rehabilitated.
One way to do this is to get:
! a Certificate of Relief from Disabilities
(you are eligible to apply if you have only
misdemeanor convictions and not more than one
felony)
! a Certificate of Good Conduct
(you are eligible to apply if you have misdemeanor
convictions and two or more felony convictions)
These certificates provide you with "evidence of
rehabilitation" by indicating that New York State
presumes you to be "rehabilitated." The certificates
also may remove many legal barriers which prevent
ex-offenders from holding certain jobs.
To find out how to get a Certificate of Rehabilitation,
call your parole/probation officer or the Legal Action
Center on Tuesday or Friday at (212) 243-1313.
STEP THREE: Sell yourself.
Many employers will be frightened by your past
because of stereotypes. You must help the employer
see you as a person. You can do this in many ways:
(1) Tell the employer how you have changed.
– Explain why you had trouble before.
– Describe what you have learned from your
mistakes.
– Discuss how you have changed.
(2) Bring the employer letters of recommendation
from a parole officer, treatment counselor, minister,
former employer, or other "impressive" person, and
your Certificate of Relief or Good Conduct.
(3) Be prepared to answer the question, "Why do you
want this job?"
(4) During a personal interview, look the person you
are talking to directly in the eye.

QUESTIONS AND ANSWERS
Q1. What if the job application asks if I have ever
been convicted of a crime? Should I tell the
truth?
A1. We advise you to tell the truth. While it is
tempting to lie out of hope that the employer
might not find out about your criminal record,
more and more employers are running criminal
background checks, making it likely that they
will find out anyway. If you lie (directly or by
leaving out information) and the employer finds
out, the employer can legally refuse to hire or
fire you because of the lie. This is so even if
your criminal record itself should not disqualify
you from the job.
Q2. If I lie about my convictions on my job
application, can an employer legally fire me
when he finds out?
A2. Yes. Most employers will fire you if you have
lied about convictions even though you have
been a good employee.
Q3. What if I'm asked to list every arrest and
conviction? If I answer, do I have to list all my
arrests?
A3. No. In New York it is illegal for an employer
to ask about arrests which were not followed by
conviction. If you were acquitted or the charges
were dismissed, you do not need to tell an
employer about that arrest.
However, if you are asked about your
convictions, you must list all of your violations,
misdemeanors and felonies.
Q4. Should I explain that my convictions took place
when I was still using drugs?
A4. If you explain that your criminal record was the
result of your past drug problem, and that you no
longer use illegal drugs, the employer may feel
that you are less likely to commit another crime.
Q5. Well, if I tell the truth, and I am not hired, is
there anything I can do?
A5. Yes. In New York State it is illegal for an
employer to discriminate against an ex-offender
unless his conviction record is related to the
duties of the job he is applying for or hiring him
would pose a threat to either people or property.
(For example, a school bus driver applicant with
a recent conviction for driving while intoxicated
might legally be denied the job because the
conviction is "job related.")
If you have been denied a job and you think it is
because of your conviction record, call the New
York State Division of Human Rights at (212)
870-8400, the New York City Commission on
Human Rights at (212) 306-7500, or the Legal
Action Center at (212) 243-1313 on either
Tuesday or Friday.
Q6. What if a job application form asks if I am or
ever have been an addict or alcoholic? Or asks
if I am or have ever been in treatment for drug
addiction or alcoholism?
A6. Employers are not allowed to ask these
questions on job applications. They are
permitted to ask about current or past illegal
drug use and alcohol use, but they may not ask
you anything that would let them decide that you
have been addicted to drugs or alcohol.
Questions such as “how often have you used
drugs in the past?” or “how many drinks of
alcohol do you have in one week?” are not legal.
They may ask if you have a condition which
would prevent you from doing the job. And
they may offer you a job, and then require you to
pass a medical exam.
But employers sometimes do ask illegal
questions. For help in answering, call the New
York State Division of Human Rights at (212)
870-8400, the New York City Commission on
Human Rights at (212) 306-7500, or the Legal
Action Center at (212) 243-1313.
Q7. What if I lie about my drug or alcohol
history?
A7. We advise you to tell the truth about your drug
or alcohol history. While an employer might not
learn the truth, employers who do find out that
you lied may deny you the job or fire you for
lying.
Q8. What if I told the truth and was denied the job?
Is there anything I can do?
A8. Yes. It is illegal for an employer to discriminate
against an alcoholic or a recovered addict who
can perform the job.
If you have been denied a job and you think it is
because of your addiction or alcoholism history
or because you are in an alcohol or drug
treatment program (including methadone), call
the New York State Division of Human Rights
at (212) 870-8400, the New York City
Commission on Human Rights at (212) 306-
7500, or the Legal Action Center at (212) 243-
1313.
Q9. What if the employer requires me to be bonded?
A9. Private insurance companies often cannot bond
people with drug or criminal records.
But the federal government has a program called
the Federal Bonding Program which will bond
you if you cannot get private bonding. For
information, contact the New York State
Department of Labor at 1-800-HIRE-992 or the
Federal Bonding Program at 1-800-233-2258.
Q10. Are there other federal programs that can
help me get a job?
A10. Yes -- the Work Opportunity and Welfare
to Work Tax Credit Programs.
These programs give private employers a large
tax reduction when they hire a recovered addict
or ex-offender. To find out more about these
programs, contact the New York State
Department of Labor at 1-800-HIRE-992.
153 Waverly Place
New York, NY 10014
(212) 243-1313
fax (212) 675-0286
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Old 12-21-2003, 10:34 PM
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thanks. That is a GREAT site. Even though we don't live in NY, it gives me lots of great advice.
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Old 12-21-2003, 11:11 PM
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Yes this is good advice. I believe in forgiveness and starting over, wish more employers would think that way.
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Old 12-22-2003, 04:36 AM
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Great! That's what I was thinking. We don't live in NY either but alot of this can be used anywhere. Teri

In CA, I know you can send to Dept of Justice/4949 Broadway/Sacramento, CA for a copy of a rap sheet. Not sure how much they are charging these days though. If anyone wants info about this the guards station # is 916-227-2222. Just tell them what you are wanting and they will direct the call to the right person.
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Old 01-25-2004, 12:29 AM
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All this info is great! Do you know where I can get a copy of my fiance's rap sheet in NJ by any chance?
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Old 01-25-2004, 03:02 AM
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Seems like your police dept should be able to answer that for you. I know here you can go to the police dept to get the fingerprints done to send to dept of justice to get a copy of a rap sheet.

Okay...here you go, I just searched to verify what I was saying above:
This tells about obtaining rap sheets for different reasons by different type requestors.
Teri


Background Information

The New Jersey State Police frequently receives inquiries from government, business, and citizens on the regulations and procedures for obtaining an individual's criminal history record. This web-site has been developed to assist you in answering the most common questions asked about this process.

New Jersey Administrative Code (N.J.A.C.) 13:59-1 et seq. authorizes the dissemination of New Jersey criminal history record information (CHRI) by the New Jersey State Police (NJSP), Records and Identification Section (R&I), State Bureau of Identification (SBI) for noncriminal justice purposes. The following entities are authorized to obtain from the SBI all records of convictions in the New Jersey state courts and, regardless of their age, all records of pending arrests and charges for violations of New Jersey laws, unless such records have been expunged.


Governmental entities of this state, the federal government, or any other state for any official governmental purpose, including, but not limited to, employment, licensing and the procurement of services;
A person or non-governmental entity of any state, that seeks to directly engage the services of the subject of the record, for the purpose of determining a the subject's qualifications for employment, volunteer work or other performance of service;
Attorneys-at-law licensed by any statefor use in any contested matters docketed in any state or federal court or administrative agencies of this state;
Private detectives licensed by the Division of State Police pursuant to N.J.S.A. 45:19-8 et seq. for the purposes of obtaining information in the furtherance of the performance of their statutorily authorized functions, as specifically enumerated by N.J.S.A. 45:19-9(a)1 to 9.
A person for the purpose of a personal record request.

--------------------------------------------------------------------------------
Accessing CHRI
Requests for CHRI by requesters shall be on forms prescribed by the Superintendent of the State Police, with the exception of Attorneys-at-law who may obtain this information through the lawful issuance of a subpoena. Payment may be made by cashier check, certified check, or money order payable to the DIVISION OF STATE POLICE - SBI. No personal checks will be accepted.


--------------------------------------------------------------------------------
Individual Criminal Background Checks
The Division of State Police, Criminal Information Unit (CIU) provides criminal history record background checks to any individual requesting a copy of his/her own record. A personal record request is typically for the purpose of:


GOOD CONDUCT
IMMIGRATION
NATURALIZATION
PERSONAL RECORD
VISA

--------------------------------------------------------------------------------
Instructions For Obtaining Your Criminal History Record
An individual must contact the police department in the municipality where they reside and make an appointment to be fingerprinted on a State Applicant Fingerprint Card (SBI 19). The fingerprint card will list the purpose of the record check and include all identification data, i.e., individual's full name, date of birth, social security number, etc. The police department must ensure that their Originating Agency Identifier (ORI) Number is properly entered on the fingerprint card. The fingerprint card is given to the individual for mailing to the SBI at the address listed below. An out- of-state requester may use a State Applicant Fingerprint Card from the state where they reside or they may obtain a New Jersey State Applicant Fingerprint Card by contacting the SBI.

A cover letter is required listing the purpose of the request, the individual's name, and the mailing address for the response to be forwarded.

There is a required fee of $25, made payable to the Division of State Police-SBI.
Effective December 25, 2003 the fee will increase to $30. All requests postmarked 12-25-03 or later will be processed at the new fee.
Acceptable methods of payment are cashier's check, certified check, business check, or money order. International money orders or checks must be drawn on a U.S. bank.

No personal checks will be accepted.

The cover letter, fingerprint card, check or money order will be submitted to:

Division of State Police
Attn: CIU
PO Box 7068
West Trenton, NJ 08628-0068

The state police response will be mailed to the individual listed on the cover letter within five to ten working days.

--------------------------------------------------------------------------------
Noncriminal Justice Licensing / Employment Requests
N.J.A.C. 13:59-1 et seq. provides background checks for noncriminal justice licensing or employment to the following:


governmental entities of this State, the federal government or any other state for any official governmental purpose;

a person or non-governmental entity of any State for employment, volunteer work or other performance of services;

private detectives, licensed by the Division of State Police, for the purposes of obtaining information pursuant to their statutorily authorized functions

The SBI 212B Form was developed to provide these entities with the ability to request criminal history record information by submitting a subject's name, date of birth, social security number, and other descriptive information. If an authorized SBI 212B Form requester elects to conduct a more thorough check, based on fingerprint comparison, they may submit a State Applicant Fingerprint Card to the SBI. The fingerprint card must be accompanied by a completed SBI 212B Form and the proper fee for a fingerprint card submission.

One SBI 212B Form will be used for each request and the required information must be typed or legibly printed. Photocopies will not be accepted since the forms are color coded and original signatures are required. All necessary forms required for access will be supplied by the Division of State Police upon written request to the address listed above or by calling (609) 882-2000, extension 2884. The fee for submission of an SBI 212B Form is $15.
Effective December 25, 2003 the fee will increase to $18. All requests postmarked 12-25-03 or later will be processed at the new fee.

The fee for submission of an SBI 212B Form accompanied by a State Applicant Fingerprint Card is $25.
Effective December 25, 2003 the fee will increase to $30. All requests postmarked 12-25-03 or later will be processed at the new fee.
All fees must be made payable to the Division of State Police-SBI. Acceptable methods of payment are cashiers' check, certified check, business check, or money order. International money orders or checks must be drawn on a U.S. bank.

No personal checks will be accepted.

All forms, fingerprint cards, and payments will be submitted to:

Division of State Police
Attn.: CIU
P.O. Box 7068
West Trenton, NJ 08628-0068

The state police response will be mailed to the agency within five to ten working days.

Further questions regarding obtaining criminal history record background checks or noncriminal justice licensing/employment checks should be directed to the Criminal Information Unit, (609) 882-2000, extension 2918.


--------------------------------------------------------------------------------
Noncriminal Justice Volunteer Background Checks
N.J.A.C. 13:59-1 et seq. provides background checks for noncriminal justice volunteers to the following:


Any person who volunteers with a qualified entity, as that term is defined by the National Child Protection Act of 1993, 42 U.S.C. §§ 5119, 5119c;

Any person who volunteers his or her services to an entity that has been qualified by the Internal Revenue System as exempt from Federal income tax pursuant to 26 U.S.C. § 501(c)(3); or

Any volunteer of a nonprofit youth serving organization.


--------------------------------------------------------------------------------
Volunteer Care Provider (VCP) Program
- Name and State Background Check
There are two (2) options available to a requester under the VCP.

Name Check
Submission of an SBI 212B Form. The SBI 212B Form was developed to provide entities with the ability to request criminal history record information by submitting a subject's name, date of birth, social security number, and other descriptive information. One SBI 212B Form will be used for each request and the required information must be typed or legibly printed. Photocopies will not be accepted since the forms are color coded and original signatures are required. The fee for submission of a volunteer SBI 212B Form is $10, or
State Fingerprint Check
Submission of a State Applicant Fingerprint Card with the SBI 212B form. A requester may elect to conduct a more thorough check, based on a fingerprint comparison by submitting a State Applicant Fingerprint Card (obtained from local police department) in addition to the SBI 212B form. The fee for submission of a volunteer SBI 212B Form accompanied by a State Applicant Fingerprint Card is $18.
SBI 212B forms are supplied by the Division of State Police upon written request to the address listed below or by calling (609) 882-2000, extension 2765.

All fees must be made payable to the Division of State Police-SBI. Acceptable methods of payment are cashiers' check, certified check, business check, or money order. International money orders or checks must be drawn on a U.S. bank. The state police response will be mailed to the agency within five to ten working days. No personal checks will be accepted.

All forms, fingerprint cards, and payments for Criminal Information Unit ("CIU") should be submitted to:

Division of State Police
Attn.: CIU
P.O. Box 7068
West Trenton, NJ 08628-0068

All inquiries should be directed to the VCP program at (609) 882-2000 x 2765.


--------------------------------------------------------------------------------
Volunteer Review Operations (VRO)
- State and Federal Background Check
Requires nonprofit youth serving organizations to register with the VRO for the purposes of obtaining criminal background checks pursuant to P.L. 1999, c. 432 (C. 15A:3A-1). The agency must provide the following to register:

Short Form of Standing from the Dept. of Treasury; (Division of Revenue Web Site)
Federal Tax Exemption with the IRS - Letter of Determination; and
Agree with and Execute the Memorandum of Understanding.
The VRO program will supply the agency with an agency specific identification number (VRN# 6 digit), preprinted State and Federal fingerprint cards, and detailed instructions for submission.

The VRO will process the applicant fingerprint cards, review records**, respond to the registered agency with a letter reporting a recommendation of approval or denial, with a copy of the State fingerprint card (laminated).

** The registered agency will not receive a copy of the applicant's record under this program, the VRO will review and make a determination based on disqualifiers enumerated in law.

Fees
Employees
Volunteers

First background check
$54.00
$36.00

Rechecks (with SBI #)
$42.00
$28.00


All fees must be made payable to the Division of State Police-SBI. Acceptable methods of payment are cashiers' check, certified check, business check, or money order. International money orders or checks must be drawn on a U.S. bank. No personal checks will be accepted.

All forms, fingerprint cards, and payments will be submitted to:

Division of State Police
Attn.: VRO
P.O. Box 7068
West Trenton, NJ 08628-0068

Further questions regarding obtaining noncriminal justice background checks through the VRO at (609) 882-2000, extension 2765.

PDF files require a free reader available from Adobe.

Application Document for Non-Profit Organizations Only - (PDF 122kb)

Application Document for Church/Government Use Only - (PDF 122kb)
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Old 01-25-2004, 04:12 PM
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Thank you for this info ... I will definitely look into the Criminal Background one. I will call to find out how they can send my fiance a FingerPrint card because they failed to mention where to get that.

Tks!
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Old 01-25-2004, 06:48 PM
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I was just reading over all this again..sure seems like there must be a way to get a copy of his rap sheet without having to pay all that money. Besides, is there even anyone working in the prison that would actually take the time to fingerprint him.
I would try calling the Attorney or Public Defender that he had during court. I can't think real clear right now but either that person or the Prosecuting District Attorney should have a copy in a file somewhere. I can remember getting alot of information from my sons file at our county courthouse (it was supposed to have been sealed and other parts blacked out). Don't know why and really didn't care that it wasn't...I just ended up with some pretty interesting info that even my son had never seen before! Pretty sure that doesn't happen very often. Anyway....I'd try calling his Atty/Pub Def, the Prosecuting Attorney and the county courthouse where the crime was committed before paying out a bunch of money w/o knowing in advance at least that there would be someone at the prison that could do the fingerprinting.
Good Luck, Teri
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Old 01-25-2004, 10:11 PM
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Tks for your help Jus Mom ... u have a point. Let me see what I can dig up ...
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