If you have a criminal record for conviction of a misdemeanor or felony in Oklahoma, there is a good chance you have found your employment opportunities limited. As you fill out your job application, you are confronted by the question, "Have you ever been convicted of a crime?" And if that crime has not been expunged, then you must answer, "Yes," knowing that this single question could rule you out as a candidate for the job, no matter how well-qualified you are.

Several cities and states have enacted "Fair Chance" initiatives or "Ban the Box" laws which prohibit prospective employers from asking about prior misdemeanor and felony conviction so early in the hiring process. 

Los Angeles, California, has become one of the most recent states to pass a fair chance initiative, and its new "ban the box" law will take effect later this month. According to the National Law Review, the new L.A. law looks like this:

  • All job postings, advertisements, and solicitations (internal and external) must state that the employer will consider qualified applications with criminal histories in a manner consistent with the ordinance.
  • A notice of the ordinance must be posted in a conspicuous place at every workplace and job site in the city.
  • Prospective employers may not ask applicants about their criminal history until after a conditional offer is made.
  • Even if, after a conditional offer is made, a criminal background check discloses criminal history information unfavorable to the applicant, employers must perform "a written assessment that effectively links the specific aspects of the criminal history with risks inherent in the job sought by the applicant. The employer must consider various factors, including the nature and gravity of the offense, time that has elapsed, and nature of the job sought."
  • Employers must complete the "Fair Chance Process" before taking any adverse action against the applicant: (1) providing the applicant written notification of the adverse employment action; (2) providing a copy of the written assessment described above; and (3) providing any other information or documentation supporting the proposed adverse action. The employer then must allow the applicant five business days to provide additional information or documentation regarding the accuracy of the criminal history results or mitigating factors. If the applicant provides correcting or mitigating information, the employer must conduct another written assessment and inform the applicant of its decision with a copy of that written assessment.

Not every criminal conviction is alike, and not all criminal records warrant continued punishment through an inability to find a good job. Certainly, these "criminal backgrounds" are deserving of a closer look to determine if they will have any bearing on a person's ability to do the job or if they pose any risk to fellow employees or customers. 

Oklahoma has not yet passed ban the box or fair chance laws, but those with criminal records may be able to find relief through record expungement. In some cases, state law makes an expungement "as if it never happened," allowing people with expunged records to state lawfully on employment applications that they have never been convicted of a crime.

Read more about Oklahoma expungement laws, or call 405-417-3847 to speak with an expungement lawyer about clearing your record.

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