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News (Media Awareness Project) - US NY: A Criminal Past
Title:US NY: A Criminal Past
Published On:2000-09-03
Source:New York Times (NY)
Fetched On:2008-09-03 10:08:52
Note: This deals with the problem faced by those with a felony
conviction (perhaps for drugs) in getting and keeping a job.

A CRIMINAL PAST

A few years back, I was convicted of assault, a felony. I was in
college and had been drinking. I've since moved on to the professional
world and, to secure my last two corporate jobs, I had to lie on my
application regarding my criminal history. I hate the daily anxiety of
being discovered but believe I had no recourse. What should I do? --
Anonymous

You should think about fessing up. Your crime is an old one and is
unrelated to your current job, where you've had a chance to show your
merit. Many people are forgiving of youthful wrongdoing, particularly
if you appeal to them forthrightly. It is more honorable (and less
uncomfortable) to volunteer your history than to wait fearfully for
your boss to discover it. And by doing so, you can present your story
in the most favorable light.

What you should not have done is lie on a job application. While an
employer may not probe every aspect of your life -- your religious
views, your sexual habits -- he or she may legitimately ask certain
questions, and you must answer honestly. That there may be a price for
your candor does not lessen this obligation.

You may have more recourse than you realize. You can apply for a
"Relief from Civil Disabilities" certificate, notes Deborah A. Scalise,
an assistant attorney general in New York State who frequently lectures
on legal ethics. "While a felony conviction can never be expunged from
the record," says Scalise,the certificate prevents an outright
forfeiture of a position." Your boss would not be able simply to fire
you upon learning about your conviction. Instead, you'd have the right
to argue in a hearing that your youthful misdeed does not diminish your
ability to do your job. Of course, the boss still gets the final word
on your continued employment, but at least you get a measure of due
process. To obtain the certificate, you have to persuade a judge that
you have not been convicted of a felony more than once and that you
have been rehabilitated.

Such laws differ from state to state, so you should talk to a lawyer to
see how you can come clean without putting yourself in more peril.
While your situation is grave, it is not apt to be fatal: you are not
Jean Valjean, and your boss is not Javert.
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