How a Criminal Conviction Can Affect Employment, Professional Licenses, and Your Future

You may finish probation, pay your fines, or complete whatever sentence the court imposed and think your criminal case is behind you. Then you apply for a job or professional license and find out the impact of a criminal conviction isn't over. A conviction can create collateral consequences and obstacles that have nothing to do with the sentence itself. Depending on the specific offense and your career, you may face background checks, licensing restrictions, or other professional consequences. Understanding those risks early can make all the difference when it comes to protecting your future.

How Can a Criminal Conviction Affect Employment in New Jersey?

A criminal conviction can follow you for years and affect every aspect of your life. However, it’s important to understand that the impact isn’t always permanent. There are multiple factors that must be considered, and each individual’s situation is different. For instance, the actual conviction, the passage of time, rehabilitation efforts, and expungement eligibility can all impact how your conviction affects your future. Someone considering a plea should understand these collateral consequences before accepting a disposition, not only the immediate sentence.

For many individuals, a conviction can affect their ability to secure employment in a specific industry or role. There may be licensing regulations that prevent them from obtaining or maintaining their professional license. Some jobs or positions require additional background scrutiny. The increased level of security may not allow for criminal convictions.

Even if someone is able to secure employment, it could be harder to progress. Upward mobility becomes harder as the conviction is a red mark that another candidate may not have. This is especially true for high-level positions that legally require a clean or qualifying background.

Can a Criminal Conviction Affect a Professional License?

Many regulated professions require applicants to undergo criminal background checks. A licensing agency may consider a conviction when deciding whether someone is eligible to receive or maintain a license. Health-care professionals, for example, may have to undergo criminal-history checks as part of the New Jersey licensing or certification process.

A conviction doesn't automatically mean you can't get a professional license. The consequences depend on the profession, the offense, and the laws governing that particular license. In some cases, a conviction may be disqualifying. In others, the licensing authority may consider the circumstances surrounding the offense and evidence that the applicant has been rehabilitated. For instance, being convicted of a financial crime may prevent you from securing a position that is responsible for handling money. However, it may not prevent you from performing a position that is in health care.

What About an Existing Professional License?

If you already have one or more professional licenses, there may be reporting requirements. You may be required to report an arrest or conviction. This can lead to disciplinary proceedings, suspension, revocation, or other professional consequences. The specific consequences will depend on the type of license and the nature of the conviction. Some agencies have mandatory consequences for particular offenses. Others allow an individual to demonstrate rehabilitation or challenge a proposed disqualification.

The New Jersey Department of Health is an example of this in action. Health care professionals must maintain an active license in good standing to be able to work. A conviction for a disqualifying offense can result in revocation. However, an individual may have an opportunity to establish clear and convincing evidence of rehabilitation. For example, if someone receives a DUI conviction, they may be able to show proof of completing an alcohol program.

Can You Overcome the Employment or Licensing Consequences of a Conviction?

A conviction doesn't necessarily mean you'll face the same employment or licensing barriers forever. Depending on your circumstances, New Jersey law provides options that may help you move forward:

• Expungement: Eligible individuals can ask the court to remove qualifying criminal records from public records. Once a case is expunged, it generally won't appear in the public databases maintained by the New Jersey Judiciary. Keep in mind that expungement isn't automatic. A criminal defense attorney can assist with filing for expungement. Even successfully completing a program such as Intensive Supervision doesn't erase the record by itself. A separate expungement process is required.
• A Certificate to Suspend Certain Employment or Occupational Disabilities: New Jersey also offers another potential remedy for certain people with convictions called a Certificate to Suspend Certain Employment or Occupational Disabilities. Under N.J.S.A. 2A:168A, eligible individuals may apply to have certain employment or occupational disabilities suspended. A certificate doesn't erase the conviction or guarantee a job or professional license, but it may help address specific barriers created by the conviction.

A skilled criminal defense attorney can discuss these options with you, and determine whether either applies to your situation.

What Should You Do If a Conviction Could Affect Your Career?

The legal process takes time, so being proactive is the best way to minimize a criminal conviction’s potential impact on your career. Start by getting a copy of your background check and records to find out what convictions appear on your record. Then, look up the regulations for your industry and licensing. Compare the two to determine if your criminal conviction creates an employment or licensing disability.

If there is a potential issue, the next step is to consider expungement. Determine whether you qualify. Another option is to consider whether a Certificate to Suspend Certain Employment or Occupational Disabilities may be available. Speaking with a lawyer can help you understand the statutory requirements and your eligibility.

Talk With a New Jersey Criminal Defense Attorney

A criminal conviction may be part of your record, but it doesn't necessarily have to be the headline of your professional life. The rules surrounding employment, licensing, and criminal records can be complicated, and what applies to one person may not apply to another. If a conviction is standing between you and the career you want, don't assume there's nothing you can do about it. Adam Lamparello, Esq. can help you look at the specific barriers you're facing and determine whether you have a path forward.

Contact Adam Lamparello, Esq. today or call 201-317-5155 to discuss your circumstances with a New Jersey criminal defense attorney.