According to the National Institute of Justice (NIJ), about 77 million Americans—nearly 1 in 3 adults—have some form of criminal record that can affect their job opportunities. For many job seekers, the biggest hurdle isn’t just the background check, but the question: “How do I explain my criminal history to an employer?”
It’s a sensitive subject, no doubt. But handled the right way—with preparation, honesty, and professionalism—you can navigate this conversation without losing your chance at employment. In fact, many employers value transparency and see a well-handled explanation as a sign of maturity and growth.
Why Honesty About a Criminal History Matters?
Employers run background checks for a reason: they want to understand risk, reliability, and character. If you hide or lie about your record, and they find out later, it’s almost always worse than being upfront.
- Trust is key – Employers value candidates who are transparent.
- Background checks are common – A 2021 survey by the Professional Background Screening Association found 94% of employers run some form of background check.
- Honesty shows growth – A truthful explanation allows you to frame your story as one of learning and redemption.
Quick Example:
Instead of hiding a misdemeanor, you might say:
“I made a mistake in my early 20s, and I’ve worked hard to turn that around. Since then, I’ve completed certification training and stayed committed to a professional path.”
Know Your Rights Before Talking About Your Criminal Record
Before explaining your history, it’s important to know the laws that protect you:
1. Ban-the-Box Laws
In many states and cities, employers can’t ask about your criminal history on a job application. They can only ask later in the hiring process.
- Example: California, Illinois, and New York follow Ban-the-Box policies.
2. Equal Employment Opportunity Commission (EEOC) Guidelines
The EEOC requires employers to consider:
- The nature of the offense (was it violent, financial, drug-related?).
- The time since conviction (a 10-year-old mistake carries less weight than a recent one).
- The relevance to the job (a driving-related offense matters more for a truck driver than a receptionist).
3. State Expungement Laws
Many states allow records to be sealed or expunged after a period. If eligible, this can remove the need to disclose entirely.
Always check your local laws before applying. Legal Aid websites and state justice departments often provide free guidance.
More Opportunities: Can Felons Get Food Stamps?
When Should You Bring Up Your Criminal History?
Timing matters. Here’s the golden rule:
- Don’t volunteer too early. If the employer hasn’t asked, wait until the appropriate stage.
- Best time: After you’ve shown your skills, experience, and value.
- Worst time: In your resume or cover letter—unless the job specifically requires disclosure.
Example Timing Scenarios:
- Job Application: Only answer if directly asked.
- Interview: Wait until you’re asked about background or gaps in employment.
- Job Offer Stage: If the employer runs a background check, prepare to address it before they see it.
How to Explain Your Criminal History to an Employer: Step-by-Step?
1. Keep It Short and Honest
Avoid unnecessary details. Employers don’t need your whole story, just a clear and professional summary.
Bad Example:
“I was arrested a few times, had problems with alcohol, and things just got out of hand.”
Better Example:
“I was convicted of a DUI in 2016. I learned from that mistake and have maintained a clean record since.”
2. Take Responsibility
Show that you’re not blaming others and that you’ve owned your mistake.
Phrase it like:
- “I take full responsibility for my actions…”
- “At the time, I made a poor choice…”
3. Highlight What You’ve Done Since
Employers want to know how you’ve changed. Focus on:
- Education or certifications completed.
- Volunteer work or community service.
- Consistent employment or training.
4. Connect Back to the Job
Show that your past doesn’t define your ability to succeed.
Example Answer:
“I had a conviction for shoplifting over a decade ago. Since then, I’ve completed accounting training, worked in retail for five years, and built strong references. I’m confident I can bring responsibility and dedication to this role.”
Sample Explanations You Can Use
Here are 3 ready-to-use templates you can adapt:
Example 1: For an Old Offense
“In my early 20s, I was convicted of possession. That experience taught me a lot, and I’ve been focused on personal and professional growth since then. For the past seven years, I’ve stayed employed, completed certifications, and I’m proud of the stability I’ve built.”
Example 2: For a Nonviolent Misdemeanor
“I had a misdemeanor related to a lapse in judgment five years ago. I accepted the consequences, completed all court requirements, and have kept a clean record since. I’ve taken that experience as motivation to stay focused on my career.”
Example 3: For a Felony Conviction
“In 2012, I was convicted of a felony. I made a serious mistake, and I take full responsibility for it. During my time away, I earned a vocational certification in carpentry and volunteered in mentoring programs. I believe those experiences shaped me into a more reliable and committed professional today.”
Common Mistakes to Avoid
- Giving too much detail – Keep it short.
- Sounding defensive or bitter – Stay calm, professional, and accountable.
- Lying or hiding information – Employers usually find out.
- Apologizing excessively – Acknowledge it, but don’t dwell.
Employer Perspective: What They Want to Hear?
Employers aren’t necessarily looking for perfection. They want reassurance that:
- You’ve accepted responsibility.
- You’ve learned and moved forward.
- You can be trusted in the workplace.
Practical Tips to Boost Your Chances
- Gather strong references – Personal and professional references can counterbalance a record.
- Focus on skills – Certifications, training, and job experience speak louder than your past.
- Apply to second-chance employers – Companies like Walmart, Home Depot, and Starbucks actively hire people with records.
- Practice your explanation – Rehearse until it feels natural and confident.
Final Thought
Explaining a criminal history to an employer can feel overwhelming, but it doesn’t have to end your job search. By knowing your rights, preparing a clear explanation, taking responsibility, and focusing on the progress you’ve made, you can shift the conversation from your past mistakes to your current strengths.
Remember, you’re not alone—tens of millions of people in the U.S. face the same challenge, and many find employers willing to give them a fair chance. Approach it with honesty, professionalism, and confidence, and you’ll dramatically increase your chances of being hired.
FAQs
Do I always have to tell an employer about my criminal history?
No. Only disclose if asked directly or if a background check will reveal it.
Can an employer reject me just for having a criminal record?
Yes, but laws like EEOC guidelines limit unfair discrimination.
Should I mention my record on a resume?
Never. Save it for later discussion if required.
What if my record was expunged?
If legally expunged, you can answer “No” when asked about convictions.
Can volunteering help prove I’ve changed?
Absolutely. Community service and positive contributions show growth and reliability.
