When you apply for a job, you may or may not have to tell a prospective employer about your criminal record. But first things first: If your criminal record is expunged, you do not have to tell anyone that you ever had a record. You can say you’ve never been convicted of a crime.
Here’s what you need to know about telling prospective employers about your criminal record.
Do I Have to Tell Prospective Employers About My Criminal Record?
Some employers are allowed to ask you about your criminal records. However, the circumstances can vary.
Employers can ask you about your criminal record if you’re applying for a job that requires a fingerprint-based background check, an EMS license or a fidelity bond. Other than that, check out the sections below to find out what employers can and can’t ask you.
Applying for a Job in Chicago
When you apply for a job, employers in the city of Chicago cannot ask you about:
- Arrests that never led to a conviction
- Juvenile records
- Sealed or expunged records
They can’t ask you about your criminal record at all until you’re scheduled for an interview or when they’ve given you a conditional offer of employment.
Applying for a Job With an Employer That Has 15 or More Employees
Whether in or out of Chicago, when you apply for a job, employers with 15 or more employees cannot ask you about:
- Arrests that never led to a conviction
- Juvenile records
- Sealed or expunged records
They can’t ask you about your criminal record at all until you’re scheduled for an interview or when they’ve given you a conditional offer of employment.
Applying for a Job Outside Chicago at a Company That Has Fewer Than 15 Employees
If you apply for a job with an employer that has fewer than 15 employees, and that employer is outside of the city of Chicago, the employer can ask you about your criminal record when you apply. However, the employer can’t ask you about arrests that never led to a conviction, your juvenile record, or a sealed or expunged record.
Again, though, if you’re applying for a job that requires a fingerprint-based background check, the employer can ask you – no matter how many employees it has.
Do You Need to Talk to a Lawyer About Expungement So You Don’t Have to Tell Employers About Your Criminal Record?
If you want to see if you qualify for criminal record expungement or criminal record sealing, we can help you. Call us at 847-920-4540 for a free case review right now. If you qualify, we can get the ball rolling – and if your record is expunged, you don’t have to tell most prospective employers that it ever existed.
