Facing criminal charges is daunting enough, but the long-term impact on your employment prospects can feel overwhelming. Whether it’s a misdemeanor or felony, a conviction can affect your ability to secure a job, advance in your career, or even maintain current employment. For Philadelphia residents navigating the criminal justice system, understanding these consequences and knowing your legal options is vital.
This guide explores how criminal charges can affect your employment prospects, the key differences between misdemeanors and felonies, and why hiring an experienced criminal defense lawyer is essential for protecting your future.
Understanding the Difference Between Misdemeanors and Felonies
Before examining the employment implications of criminal charges, it’s important to understand the distinction between misdemeanors and felonies in Pennsylvania.
Misdemeanors
- Definition: Less severe offenses, such as petty theft or disorderly conduct.
- Penalties: Typically include fines, probation, or up to one year in jail (but this could vary on the severity of the offense)
- Employment Impact: Employers may overlook a misdemeanor, especially for non-violent offenses, but some industries—like healthcare or education—can still impose strict background checks.
Felonies
- Definition: Serious crimes, including robbery, drug trafficking, or aggravated assault.
- Penalties: Can involve lengthy prison sentences, substantial fines, and long-term parole.
- Employment Impact: A felony conviction significantly limits job opportunities, as many employers view felonies as a red flag, particularly for roles involving trust or responsibility.
While the distinction is clear, the lasting stigma of either conviction can influence your job search for years to come.
How Criminal Records Affect Employment Opportunities
In Pennsylvania, employers commonly conduct background checks as part of the hiring process. A criminal record can hinder your chances of getting a job, especially in competitive industries or positions requiring certifications or security clearances.
Why Employers Care About Criminal Records
- Trustworthiness: Crimes involving dishonesty, such as fraud or theft, raise concerns about an applicant’s reliability.
- Safety: Employers prioritize the safety of their employees, customers, and company reputation.
- Legal Obligations: Some industries, such as finance and childcare, have strict regulations regarding criminal records.
Pennsylvania Laws Governing Employment and Criminal Records
Pennsylvania offers certain protections to individuals with criminal records to help them reintegrate into the workforce.
Key Laws to Know
- Clean Slate Law: Pennsylvania's Clean Slate Law allows for the automatic sealing of certain criminal records, including non-convictions, summary offenses after five years, and some misdemeanor and felony convictions after a designated period without subsequent offenses. This process restricts public access to your criminal history during background checks, aiding in employment opportunities.
- Ban the Box: Philadelphia’s “Fair Chance Hiring” law prohibits employers from asking about criminal records on initial job applications. They may only consider such records after a conditional job offer is made.
While these laws help mitigate the impact of criminal charges, employers can still withdraw offers if they believe a conviction is relevant to the job. This makes clearing your record or avoiding a conviction with the help of a criminal defense lawyer crucial.
Unique Examples of Employment Challenges After Criminal Charges
Example 1: IT Specialist Denied Security Clearance
A Philadelphia IT specialist with a misdemeanor for marijuana possession applies for a federal job requiring a security clearance. Although the conviction is minor and unrelated to the job, it raises concerns during the clearance process, leading to a job rejection.
Example 2: Delivery Driver Faces Job Loss After DUI
A delivery driver for a Philadelphia courier service is charged with a DUI while off-duty. Although the incident occurred outside of work, the company’s insurance provider refuses to cover employees with driving-related offenses. As a result, the driver loses their job despite their otherwise clean employment record. This highlights how a criminal charge, even unrelated to job performance, can have severe employment consequences, particularly in roles involving driving or transportation.
How Criminal Charges Affect Different Industries
The impact of a criminal record on employment varies depending on the industry and role.
Industries with Strict Background Checks
- Healthcare: A felony conviction often disqualifies applicants from jobs involving patient care or access to medications.
- Finance: Crimes like fraud or theft can lead to automatic disqualification for positions involving money management.
- Education: Pennsylvania law prohibits individuals with certain convictions from working in schools or daycare facilities.
- Transportation: A DUI conviction can affect commercial driving opportunities or eligibility for ride-share platforms.
Even in industries with fewer restrictions, the stigma of a conviction can make it difficult to stand out to potential employers.
Why You Need a Criminal Defense Lawyer to Protect Your Employment Prospects
Facing criminal charges without professional legal representation can jeopardize more than your freedom—it can threaten your ability to provide for yourself and your family. A criminal defense lawyer can help mitigate the impact of charges on your employment opportunities in several ways:
How a Lawyer Can Help
- Reducing or Dismissing Charges: Avoiding a conviction entirely keeps your record clean and improves your chances of finding employment.
- Negotiating Alternative Sentences: Options like probation or diversion programs may keep a conviction off your record.
- Expungement or Record Sealing: If eligible, your attorney can guide you through the process of clearing your record.
- Advocating for Fair Outcomes: An experienced criminal defense attorney ensures your side of the story is heard and fights for the best possible resolution.
Tips for Job Hunting with a Criminal Record in Pennsylvania
If you’re seeking employment while dealing with a criminal record, the following tips can improve your chances of success:
- Know Your Rights: Understand Pennsylvania laws like the Clean Slate Act and Philadelphia’s Fair Chance Hiring law.
- Be Honest When Required: If asked about your record, provide truthful but concise answers, focusing on steps you’ve taken to move forward.
- Seek Support Services: Local organizations in Philadelphia offer job training and placement programs for individuals with criminal records.
- Work with a Lawyer: A criminal defense lawyer can help you understand your options for record sealing or expungement.
The Long-Term Implications of Criminal Charges
Criminal charges don’t just impact your immediate employment prospects—they can affect future opportunities, such as promotions, certifications, or professional licenses. Additionally, many employers periodically review current employees’ criminal histories, meaning a past conviction could resurface unexpectedly.
By addressing charges early with the help of a skilled attorney, you can protect your reputation and preserve your career opportunities.
Don’t Let Criminal Charges Define Your Career — Call van der Veen, Hartshorn, Levin & Lindheim in Philadelphia For Aggressive Criminal Defense Representation
If you’re facing criminal charges in Northeast Philadelphia, Center City, or West Philly, the experienced attorneys at van der Veen, Hartshorn, Levin & Lindheim are here to help. Our team understands the challenges you’re facing and will work tirelessly to defend your rights and protect your future.
Give us a call today at 215-486-0123 for a free consultation. A criminal charge doesn’t have to ruin your career. Contact us now and take the first step toward safeguarding your employment prospects.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.