Know Your Rights

Understanding your legal rights is crucial, especially if you have a criminal record or have been marginalized by the justice system. Here’s what you need to know:

Employment Rights (“Ban the Box”)

Many jurisdictions now limit when employers can ask about criminal records:

  • Employers often cannot ask about convictions until after a conditional job offer
  • Blanket “no felons” policies may be illegal when the conviction is unrelated to the job
  • You have the right to request written reasons for denials based on your record
  • Document any hiring discrimination and know your state’s fair-chance laws

Housing Protections

Some cities and states restrict how landlords can use criminal history:

  • Landlords may be prohibited from asking about records until after a conditional housing offer
  • Case-by-case consideration is required instead of automatic denials
  • Request written criteria and reasons for any denials
  • Contact local legal aid if landlords violate screening rules

Licensing and Records

A growing number of states have protections:

  • A license or job often can’t be denied unless there’s a “direct relationship” between your conviction and the work
  • Restrictions exist on using old, sealed, or non-conviction records
  • Check if your record is eligible for expungement or sealing
  • You can request reconsideration of denials

Key Actions You Can Take

  1. Know your state’s specific laws regarding criminal records in employment and housing
  2. Document everything – keep records of applications, denials, and communications
  3. Ask for written explanations when denied opportunities
  4. Research expungement eligibility in your jurisdiction
  5. Contact legal aid organizations for help with violations
  6. File complaints when your rights are violated

Remember: Just because someone can ask about your record doesn’t mean they can automatically deny you based on it. Many laws now require individualized assessment.