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
- Know your state’s specific laws regarding criminal records in employment and housing
- Document everything – keep records of applications, denials, and communications
- Ask for written explanations when denied opportunities
- Research expungement eligibility in your jurisdiction
- Contact legal aid organizations for help with violations
- 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.