Questions & Answers About
Employment and Your Criminal Record
September 2007

Q: When I apply for a job, should I tell the employer about my criminal record?

A: You must be truthful on the employment application. If you lie on the application, you risk losing your job—not because of your record, but because you lied. But you don’t have to volunteer information; you only need to answer what is specifically asked. For example, if you are asked if you have been convicted of a felony--don’t list arrests that did not lead to a conviction and don’t list misdemeanors. (See erased records below). If you do have to write something, you may want to say that you’d prefer to give your answer in person or give a short explanation of what you learned from your experience and how you are different now.

Note: You can also be denied unemployment compensation or welfare benefits if you lied on the application and are later fired for lying. And with some jobs, for example, at a day care center - lying about a criminal record is a criminal offense.

Q: What information about my criminal record is an employer allowed to know?

A: An employer can get information about your criminal record from your credit report, the state police, or a record check on a national level. In most cases, the employer must first get your permission in writing. Through a credit reporting inquiry, employers can generally find out about arrests for the last 7 years and any convictions for an unlimited amount of time.

Q: What information about my criminal record is an employer NOT allowed to know?

By law, an employer is not allowed to find out (or to ask you) about any charges, arrests or convictions that have been "erased". "Erased" means the record is legally considered to no longer exist; you can treat the offense as never having occurred.

Charges that should be erased include those:

But, charges will not be erased if you had multiple charges for the same offense and only some charges were dropped.

If you are asked about erased charges, you are allowed to answer "NO" if your record has been erased and you have no other arrests, charges, or convictions.

For more information see the legal aid pamphlet, Is Your Criminal Record Keeping You From Working?

Q: What can I do if my criminal record is wrong?

A: Don’t try to convince the employer that the record is wrong. Instead, try to get it changed. First, get a copy of your criminal record from the state police ($25 fee). Then send a letter to the state police. State specifically what is wrong and give proof of the mistake. You have the right to appeal their decision. Send your request for a copy of your record and your letter to: Department of Public Safety, State Police Bureau of Identification, 1111 Country Club Rd, Middletown, CT 06457. Phone: (860) 685-8480. (To correct errors in a credit report, see our pamphlet Q & A: Credit Reports).

Q: Can an employer refuse to hire me because of my criminal record?

A: Sometimes. It depends on who the employer is and the type of record you have. For example, an employer could refuse to hire you as a security guard if you were recently convicted of burglary. Some criminal records automatically disqualify a person from certain jobs or licenses. But if you are denied a license or job by the State, you can appeal the denial.

Q: What if I lost a job because of my record?

A: If you think you have been denied a job or fired because of your criminal record, your first step should be to ask the employer if your criminal record played a part in the decision. (CT state agencies must notify you in writing.) If you are denied a job because of information in your credit report, you must be told so and be given the name/address of the credit agency.

If you are Black or Latino/a, and your criminal record was the reason for the employer’s decision, you may have been discriminated against.   If so, file complaints with:

(1) The Connecticut Commission on Human Rights & Opportunities. (CHRO) 1-800-477-5737 and
(2) The U.S. Equal Employment Opportunity Commission (EEOC) 1-800-669-4000.
You only have 180 days for a CHRO and 300 days with the EEOC from the date the employer discriminated against you to file a complaint. You can file complaints without a lawyer.

Questions?  Call Statewide Legal Services at 1-800-453-3320 or 860-344-0380 for free advice.

This information is based on laws in CT as of   9/2007. It is not intended as legal advice for an individual situation; individuals should consult with a lawyer if possible. Produced by Legal Assistance Resource Center of CT.