How Do Prior Convictions Affect Me?

Employment

  • Some states allow employers to terminate the employment of employees found to have a prior conviction.
  • The State of Texas allows employers to deny jobs to people who were arrested but never convicted.
  • The State of Texas allows employers to deny jobs to anyone with a criminal record, regardless of how long ago or the individual's work history and personal circumstances.
  • 37 states have laws permitting all employers and occupational licensing agencies to ask about and consider arrests that never led to a conviction in making employment decisions.
  • Employers in most states can deny jobs to or fire anyone with a criminal record, regardless of individual history, circumstance or business necessity.
  • 29 states have no standards governing the relevance of conviction records of applicants for occupational licenses.
  • 36 states have no standards governing public employer's consideration of applicant's criminal record.
  • 45 states have no standards governing private employers.
  • Most professional certifications require a criminal history check prior to issuance.

Public Assistance

  • Most states ban some or all people with convictions from being eligible for federally funded public assistance and food stamps.
  • 27 state housing authorities surveyed make decisions about eligibility for public housing based on arrests that never led to a conviction.

Constitutional Rights

  • Gun ownership is widely restricted with any conviction.
  • 12 states have lifetime bans on voting for persons convicted of a crime.

Public Records Access

  • 28 states, including Texas, allow internet access to criminal records or post records on the internet.

Other Restrictions

  • Private landlords can lawfully deny persons with convictions housing
  • In determining suitability for adoptive or foster parenthood, 35 states consider the relevance of an applicant’s criminal record.
  • People with criminal records are barred from becoming adoptive or foster parents in 15 states.
  • Any student convicted of a drug related offense is ineligible for any grant, loan or work assistance according to the Higher Education Act of 1998.
  • Landlords are allowed to demand a criminal history check prior to leasing or renting.
  • Youth volunteer positions (i.e. coaching and mentoring) require a clean criminal history.
  • Your criminal history could inhibit your ability to get market value insurance and loan rates.