Checking for the presence of a criminal record when applying for a job
And although the labor code imposes a ban on the employment of former prisoners only in a few areas (and then depending on the article), but the administration of any institution is wary of such potential personnel and most often refuses, as they say "out of harm's way".
Read more about tinstant criminal background check in our material.
Types of criminal records
A criminal record provides a special legal relationship between the state and the convicted person. It is established by a court verdict and continues until it is removed or expunged.
After serving the sentence, the convict is not immediately recognized as not convicted. The length of the criminal record depends on the severity of the act committed.
Until then, the citizen is still considered potentially dangerous, so he is under the supervision of law enforcement agencies, and for new crimes, he is imputed a harsher punishment.
Criminal background checks for employment
Current: the offender is still serving a sentence or has recently been released from it, but the statute of limitations has not yet passed.
Conditional: established for citizens who have been conditionally convicted.
Expunged: means that the person returned from prison, after a certain period did not commit a crime.
Expunged criminal record: removed by the court early due to the convict's good behavior or other reasons, such as pardon or amnesty.
Information about a citizen's criminal record is stored in the SIAC RF. The only way to remove it from this database is to remove it under rehabilitating circumstances, that is, to find a citizen not guilty of committing a criminal offense previously incriminated to him.Where can I not be hired because of a criminal record?
The presence of a criminal record at employment is important in the case of employment in educational, educational, medical, social, cultural institutions.
The complete list of types of activity for which the criminal record imposes restrictions upon hiring is indicated in art. 331 and 351 of Labor Code of RF.
When trying to find a job at one of the institutions on this list, the employer must ask for a criminal record certificate. This certificate can be obtained from the Ministry of Internal Affairs at the place of registration.
Thus, having a criminal record, it is impossible to become:
- A criminal record check when applying for a job
- An employee of an educational institution
- An employee of the prosecutor's office, the bar and the judiciary;
- A customs officer and an employee of the Federal Security Service;
- military personnel and auditors;
- employees of government agencies;
- deputy and president;
- an employee of the air force.
So, a criminal record, even a long one, imposes restrictions on the choice of profession.
How can I get a job with a criminal record?
A citizen released from prison, the first thing to do is to read the labor law, which establishes restrictions on the employment of convicted persons.
You should not even try to get a job at a public or private company in a financially responsible position.
Start trying with small private firms with low wages; a larger employer will definitely be interested in a significant break in your employment record.
Checking for criminal records when applying for a job
For example, there may be difficulties with obtaining permits if a previously convicted person has decided to engage:
- Security or private detective work;
- Banking or lending;
- educational activities.
It does not work out? Then contact the regional employment service, get registered or use information services.
If at the time of application there is no suitable vacancy, employees of the employment center can refer you to training courses, on completion of which you will have a new specialty and employment will become much easier.