A conviction for a criminal offense can make it difficult to obtain a job. Many employers can access a person’s past through background checks and may be hesitant to offer a position to someone who has committed a crime, even if they already completed their sentence. Fortunately, pursuing records restriction could allow you to conceal your criminal history from your employer. Let a qualified legal professional walk you through this process and help you find employment in Atlanta after expungement.
A person’s criminal history includes the official records from the court where the individual was convicted and the documents from the arresting agencies. Upon expungement, those records are then restricted within the Georgia Crime Information Center database, which is maintained by the Georgia Bureau of investigation.
Once a person’s criminal history is expunged, it usually takes 30 days for the order of the court restricting the record to take effect with the court clerk and the arresting agency which each hold copies of the records. Usually within this time frame, those two organizations conceal the information so that the Georgia Crime Information Center will not report the evidence of those records if a convicted individual’s potential employer submits a background check request.
The private background check companies often will mine for criminal documents and then retain records on individuals before their records are expunged. These companies do not always get notice of a records restriction immediately after it happens, so they often do not make the necessary updates. This can create serious challenges for a convicted person attempting to apply for a job.
The interaction between a prospective employer and an applicant with a criminal history is governed by the Fair Credit Reporting Act, which means that an employer is required to provide an applicant evidence of any records that they may use for an adverse employment decision and give them 30 days to respond.
If the applicant runs into this issue, they can provide their employer their official restricted record from the Georgia Crime Information Center to prove that they completed the expungement process and that their old criminal records should have no bearing on their employment opportunities.
Background checks are a prevalent practice and are becoming even more pervasive in the employment process. When an individual has something in their background that they think could prevent them from getting a job in the future, they should reach out to a skilled Atlanta attorney for advice as to how to conceal it.
A person’s criminal history can also come up during an interview for a job, even if there is not a background check. If a person with a criminal past completes the records restriction process, they are authorized under the law to tell a private employer that they have never been convicted of a crime. A knowledgeable lawyer in Atlanta could further explain this benefit to an individual who wants to successfully find employment after expungement.
If you have completed your sentence for a criminal conviction and want to rejoin your community as a productive member, you should consider pursuing the restriction of your criminal records. Achieving expungement could aid your search to find employment in Atlanta and allow you to create a fresh start. Call an experienced lawyer today to schedule a consultation and learn more about your options.