Therefore, an individual's arrest record standing alone may not be used by an employer to take a negative employment action e. However, an arrest may trigger an inquiry into whether the conduct underlying the arrest justifies such action.
In contrast, a conviction record will usually be sufficient to demonstrate that a person engaged in particular criminal conduct. In certain circumstances, however, there may be reasons for an employer not to rely on the conviction record alone when making an employment decision. But beyond the specifics of Proposition 47, there is an emerging consensus from across the political spectrum that some sort of reform is necessary to help millions of Americans with criminal records find work.
Attorney General Eric Holder and other Democrats have spoken frequently about the issue, but so have conservatives such as Rand Paul and New Gingrich, who penned an op-ed in the Los Angeles Times supporting the California initiative. One reason the issue has become so pressing is the large and growing number of Americans who have criminal records — and the evidence that many of those Americans are effectively shut out of the job market.
According to one study , 12 million to 14 million people had felony convictions in , about half of whom spent time in prison.
Ex-offenders are disproportionately poor, less educated and black or Hispanic — groups that often struggle to find work even without criminal records. The slow economic recovery has made it even harder. Numerous counties and cities, including New York and Washington, D.
The federal government has also taken steps to stop employers from indiscriminately screening out candidates with criminal records. In , the U. The Department of Labor has issued similar requirements for federal contractors.
The new policies come amid mounting concern from both politicians and researchers about the struggles of black and Latino Americans, particularly young men. The unemployment rate for black men age 20 to 24 was Those who choose to omit a felony can be refused a job opportunity. Even in cases where the applicant was hired, the omission can result in a future termination. If you have reason to believe that your civil rights were violated, consider seeking the legal expertise of an attorney who may assist you.
A well-versed attorney can help you fight for your rights in a court of law. A felony conviction in the State of California can include the suspension, denial, or revocation of a professional or business license in the State of California.
This, however, will generally be only if the conviction is related to the functions, qualifications, or the duties required for the profession or business. The following is a limited list of professions that could be affected by a felony conviction in the State of California. Those who own a business and are seeking to obtain an alcoholic beverage license may be denied or otherwise affected by prior felony convictions.
Additionally, a convicted felon may also have to forfeit collected and future benefits. If you are in the military facing felony charges, seek the legal expertise of a skilled criminal law attorney who can assist you. Even if you have already served time in the military, you may be ineligible to receive veteran benefits.
If you or someone you know is being charged with a felony in the State of California, it is important to know that there can be lifelong consequences.