What if?

California law recognizes that when it comes to employment, qualifications are what counts. In 2018, the Fair Chance Act went into effect. That law makes it illegal for most California employers to ask about criminal history before making a job offer.

But what about after making an offer?

An employer can run your background after making a job offer, but they may not consider:

• arrests that did not result in convictions

• participation in diversion programs

• convictions that have been sealed, dimissed or expunged

• convictions that have been eradicated by a change in the law--for example, many marijuana convictions.

If an employer is going to consider rescinding an offer based on your background, it has to be careful. The employer must consider several things. What was the nature and gravity of the criminal conduct? How much time has passed? Would your background have any bearing on the job in question?

It's a complicated decision to rescind a job offer with these questions on the table.

Additionally, the employer has to give you the opportunity to show that you are not a risk.

If you think an employer has not judged you fairly, you can contact the California Department of Fair Employment and Housing.

What can I do to make it less likely that my background will impact my job search?

First, consider the nature of your offense and target your job search to avoid intersections. For example, if you have recent convictions for theft or embezzlement, don’t apply for positions that would give you large responsibilities around cash.

Do everything you can to clean up your record. If you have a felony conviction, work with Sonoma County Legal Aid to see if you can bump it down to a misdemeanor.

If you have a misdemeanor conviction, Sonoma County Legal Aid or the Sonoma County Public Defender may be able to help you get it expunged.

You can ask your case manager for a referral to Sonoma County Legal Aid or the Public Defender.

Build up a positive history and document it. Do you volunteer? Ask for a letter from your volunteer supervisor. Have you taken classes or graduated from programs? Document it!

Other resources

 If you've been impacted by the criminal justice system, Honest Jobs may be able to help you find work. 

Many people have gaps in their employment history.

If you have a gap or two, it may come up in your interview. "Tell me what you were doing between 2017 and 2019," might be a question you'll hear. Or, "Were you working last year?"

That's when it's good to remember what's at the heart of every single question an interviewer asks. Behind every question, the interviewer is always asking:

Will you bring value to my company and will you fit in here?

Whatever you were doing while you weren't employed, chances are you developed some new skills or perspective. And chances are those skills and that perspective can be of value to an employer. And that's how you can talk about your time off.

For example, if you were taking time off to deal with a health-related matter, you probably learned a lot about research. You probably became even more resourceful and more patient. Maybe you had to get super organized to ensure your recovery.

What if I don't want to share my personal history?

It can be annoying and stressful to think about answering questions about gaps in your work history. It can bring up painful memories.

You can prepare to answer questions about gaps in your work history in a way that respects your own boundaries and dignity. At the same time, your answer can assure the employer that you'll be an asset to the company.

It's a good idea to practice a short, concise answer again and again. It's a challenge to talk about personal matters in an interview situation. It's difficult not to veer off into emotional waters. Practice will help a lot.

You can practice your interview skills through COTS Client Enrichment Services program. Our interviewers are volunteers, with varied careers. They can help you brainstorm and practice. They can help you develop strategies to relax and focus. To work with a volunteer, ask your case manager for a referral to Client Enrichment Services.

Many people get back to the work world after long absences.

There’s no need to volunteer the information unless you're asked. Many interviewers won’t ask if you’ve ever been fired.  And many previous employers won’t provide any information except the dates of your employment.

However, it is a question that interviewers can ask. Some do.

What if the question comes up?

First, ask yourself if you were fired for cause or if you were laid off due to a company reorganization. If you were laid off, let the interviewer know.

If you were fired for cause, it’s a bad idea to lie. Have a short and honest answer ready. You can say, “Here’s what went wrong” and then describe what went wrong. Then say, “Here’s how I think things will work out better in the future” and explain.

For example, an applicant might say, “I had a really unreliable car and sometimes it meant I had trouble getting to work on time. Now, I have a reliable vehicle. Also, this job is right on a bus line, so I have a backup plan if I ever do have car troubles.”

You can work on your interviewing skills with a volunteer from our Client Enrichment Services program. Ask your case manager for a referral.

What should I not say?

Whatever you do, don’t bad mouth a former employer (even if they deserve it).