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Daniel Solutions
Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9934
Experience:  over 20 years of legal and professor of law experience
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I have a felony charge on my record. I never was incarcerated

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I have a felony charge on my record. I never was incarcerated and my 2 year probation was reduced to 1 year and I paid a small fine. I am applying for a job since I am presently unemployed. Can a company discriminate against me for having this record?
Unfortunately an employer can consider prior criminal convictions regardless of the sentence in making a determination of employment unless youre able to obtain an expungment or pardon.
Customer: replied 7 years ago.
I had read that the Dept. of Labor prohibits a company from discriminating against an applicant who has a felony record, as long as it wouldn't be detrimental to the job, customers or other employees. I had held a job for the past 4 years, but unfortunately, the present economy led to my unemployment. I was never in trouble before the "plea deal" and haven't been in trouble since my 1 year probation terminated. I can't seek expungement for another 7 years!
What is the state of employment?
Customer: replied 7 years ago.
New Jersey . Worked in FL, NJ and NY since the conviction in 2006. Same company in FL and NJ, left this job for one in NY my degree field, communications . NY job downsized and is almost out of business now. Unemployed with alot of skills and experience, but a felony charge that can't be expunged for another 7 years.
Applicants who are disqualified for employment based on criminal record must be given adequate notice and reasonable time to confirm or deny accuracy of information.
Individuals will not be disqualified from employment on the basis of a conviction disclosed by a criminal history background check if they have affirmatively demonstrated clear and convincing evidence of rehabilitation. Individuals refusing to consent to or cooperate in the securing of a criminal history background check will not be considered for employment. The prospective employer may require the prospective employee to pay to cost of the background check.
Applicable legislation: New Jersey Admin. Code Tit. 13 secs 591.2, 591.6

However, the key is what constitutes clear evidence of rehabilitation to the employer.
Customer: replied 7 years ago.
Before I accept, and I do appreciate that information.. I need to know if I have to be upfront about this felony charge or take a chance that the company will do a crimial background check? I've already been turned down through a temp company, for a decent job because I was honest about this record. They didn't even give me a chance to be interviewed because they didn't want anyone with a history. I haven't heard from the temp agency since. This is discrimination. Right?
That is a very difficult question. The only way to receive protection from the NJ law is to disclose the felony and prove that you have been rehabilitated. I can not tell you to lie because if you do and your employer finds out later, then you can be terminated at that point for failure to disclose. However there are many reasons a person can be refused employment so it could be hard to prove the reason was the conviction and not some other reason. I realize jobs are very very very hard to come by in today's economy but I suggest you tell the truth and trust that if it was meant for you to have that job you will receive the job. Sometimes in our lives we has to weigh all options then if we still can not decide we must take a leap of faith. I'm confident that what you decide to do will be the best choice. i wish you well
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