Can You Start a Business With a Criminal Record?

Can You Start a Business With a Criminal Record?

Yes, you can. Go get 'em, boss!

Originally published at Entrepreneur.com

Having a criminal record can make it difficult to get hired, find a place to live and many other basic tasks. But can it stop you from starting your own business? The short answer is, no it can't stop you.

Former criminals can benefit from starting a business in several important ways:

• Self-direction. Rather than waiting for someone else to provide you with a job, you have the power to create something for yourself. It’s a challenge of your own making and one that can keep you focused and on the right track.

• Independence and freedom. Many people start a business because it provides them with independence and freedom. They can make their own decisions and set their own rules, rather than following someone else.

• Avoiding employment issues. Many ex-cons find it difficult to get hired because of their criminal past. But if you’re starting a business from scratch, you won’t have to go through the interview process; you’ll be working for yourself. Hello boss.

Key limitations

Of course, there are some issues and unique challenges faced by ex-cons attempting to start a business:

• Felons and certain positions. For starters, felons are sometimes limited in the types of positions they can hold. For example, you may not be able to create a business or establish a position for yourself in the legal or medical field. These restrictions are often in place to protect the public from potentially unscrupulous service providers. However, there are plenty of other options to choose from.

• Licensing and registry. Depending on the type of business you want to start, you may be required to get a license or permit to operate. Depending on the requirements, these documents may open the door to a personal background check. Your criminal record may make it more difficult to get the documentation and approvals you need to operate.

• Travel. Criminal records can also impact your ability to travel, interfering with your visa or visa waiver applications. If your business depends on your ability to travel to other countries, you may need to find someone else to handle those responsibilities.

• Funding. As an ex-con, you may also have trouble finding the funding you need to start your business. Banks that issue loans typically do background checks on borrowers. If you have a criminal history, you may have trouble getting approved for a loan. You may also encounter problems finding an angel investor or VC willing to contribute, based on your past.

• Partnerships. Similarly, you may find it harder than usual to find a partner willing to build a business with you. You may have to spend a long time looking for someone more open-minded, or you may have to go it alone.

Play to your strengths

If you’re starting a business as someone with a criminal record, there are actually a few things that can play out in your favor if you know how to take advantage of them. For starters, you may be able to qualify for a grant or education program specifically tailored to entrepreneurs with a criminal past. For example, the organization Inmates to Entrepreneurs exists to provide grants, resources, and other forms of assistance to former criminals who want to turn their lives around. And organizations like SCORE offer free business mentoring and education to a wide range of aspiring business owners, regardless of their background.

Conventionally, a criminal record is a “bad thing” for your reputation and public image. However, you may be able to spin it as a positive for the business. For example, if you advertise that this business is hiring former prisoners as a way to help them start a new life, you may attract more customers who want to patronize the business and support it as an organization. This is especially true if you reinvest a portion of your profits into criminal reform programs and other causes that help people with criminal records.

Additionally, there may be some experiences and skills acquired in prison that can help you become a better entrepreneur. For example, if you’re used to an environment that’s both harsh and highly competitive, you’ll be a more ruthless strategist as a leader. And if you’re used to the uncertainty and lack of safety netting in a prison environment, the stress and ambiguity of entrepreneurship may seem tame by comparison.

So is it possible for a former criminal to start a successful business? Yes, it is. Countless ex-cons have gone on to create successful businesses under their direction. There are several obstacles you’ll need to overcome to do this, and there’s certainly no guarantee of success, but by using the right strategies and compensating for your weaknesses, you can increase your likelihood of accomplishing your goals.

15 Businesses You Can Start For Cheap (or even FREE)

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Can You Start a Business With a Criminal Record?

Eric Mayo

Top Five Job Interview Mistakes Ex-offenders and Felons Make

 Top Five Job Interview Mistakes Ex-offenders and Felons Make 

Germantown nonprofit offers ex-offenders temporary jobs recycling electronics

Ex-offenders and felons,  know how difficult it is to get a job interview.  After properly filling out application after application including the dreaded "Have you ever been convicted of a crime.....?" question and you got an interview.  There are too many people who blow the opportunity to get jobs by making costly mistakes.  Make the most out your next opportunity by avoiding these top five mistakes made by ex-offenders and felons.


1.  Being Late - There is absolutely no excuse for being late to an interview.  To the interviewer, if you are late to the interview, you'll be late for work.  Everyone know that things happen.  Murphy's law is always in effect.  Sometimes thing go wrong.  Being organized is the best way to keep on schedule.  Find out where your interview is and know exactly how long it will take you to get there.  If you have never been there, I strongly suggest you go there a day or so before the interview just to see how long it will take to get there.  Once you know how long it will take, plan to get there at least 15 minutes early.

2.  Dress Inappropriately - An interview is a business meeting.  Does your clothing make you look more like an ex-offender or a businessman?  Proper clothing will be the difference between being hired and not being hired.  Whatever you have to do, get the right clothing.  Remember, you will never get a second chance to make a first impression.

3.  Talking Too Much - Employment interviews should not be used to tell your life story or ramble on about mistakes you have made in the past.  Just remember "TMI," too much information. Too often when folks are nervous, and interviews do make people nervous, they talk too much.  Never talk about personal situations, habits, or relationships.  Be friendly but never tell more than anyone needs to know.  Particularly avoid conversations about religious beliefs, politics, or sex.  If questioned about your convictions, briefly answer questions without going into detail.  Make reference to the amount of time that has gone by and what you have learned from your experience.  Also talk about the progress you have made and the things you have done to make yourself better.

4.  Using Slang or Profanity - As stated before, the interview is a business meeting between two professionals.  You must be professional at all times. There is absolutely no place for slang or profanity here.

5.  Not Turning off Your Cell Phone - Cell phones are a great convenience but they have no place on an interview.  Turning off your phone allows you to focus on your interview and will eliminate the possibility of the rude interruption of  it ringing.

Ex-offenders and felons have a difficult time finding employers who will consider them for jobs.  When interviews do come, avoid ruining these opportunities with these critical mistakes and get hired.

Take a few minutes to get more great information from the videos below that can give you a huge advantage at your next interview.

  Top Five Job Interview Mistakes Ex-offenders and Felons make 

 

These are some great tips along with some things felons should avoid at their next interview opportunity

Getting an interview is a great opportunity that felons must take full advantage of.  Too many people make mistakes that ruin their chances to get jobs.  Unfortunately, some people do not know that they are making mistakes.



Learn from Human Resources professional what the most common interview mistakes are and how to avoid them on your next interview.  pt 1


Learn from Human Resources professional what the most common interview mistakes are and how to avoid them on your next interview.  pt 2

 Top Five Job Interview Mistakes Ex-offenders and Felons make

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Felon needs I.D. to get a Job

Hi,

My brother in law just got out 20 days ago after 3 1/2 years. He was convicted when he was 19 and he's now 23. He was convicted for accessory to murder and possession of an unregistered gun. He's been having a lot of trouble finding a job in Orange County, CA.

He's gone to many open interviews, and things seem to be great until they see that he a felony on his record. I've done some searching online and it shows that trucking companies will hire an ex-felon, but he's having so much trouble getting an ID that he doesn't even know about a Driver's License. He's tried going to his PO, but the PO doesn't seem to be much help or want to try and help.

He no longer has his birth certificate or SSC, so the DMV told him to get an official letter head from his PO and they would be able to issue him an ID, but his PO refuses to do this.

Felon needs I.D. to get a Job

Hello,

As far as his probation officer refusing to help him, his P.O. has a boss so he may have to go over his head for a little help.  Her may be able to help him get a birth certificate also.  I know parole officers who do this everyday.

This is often a dilemma for ex-offenders and felons job searching. Under the federal Immigration Reform and Control Act, newly hired employees must present documentation that they are authorized to work in the United States.  You will need three forms of identification to legally work in the United States.

Social Security Card

If do not have your Social Security card, you can get a duplicate car at your local Social Security office.  Below is a link to the application for a replacement cards along with instructions.

Application for Social Security Card

Birth Certificate

To obtain a copy of your birth certificate, contact the office of vital statistics in the city where you were born.

Valid Driver’s License

To obtain a copy of your driver’s license, contact your local motor vehicle agency.  It is listed in your local telephone directory.  Some motor vehicle agencies may even offer “Identification Only” cards if you do not have a driver’s license.

Photo Identification

Many county agencies provide photo identification cards.

Green Card (if necessary)

To obtain copies of your alien registration card contact the office of Immigration and Naturalization.  You can information about the process of renewing or replacing your green card here: Green Card Replacement Application Process

Check out this huge list of employers that offer opportunities to ex-offender and felons looking for jobs: Jobs for Felons

Jobs for Ex-offenders and Felons: Where can Ex-offenders Find Jobs

Jobs for Ex-offenders and Felons: Ten Steps to Getting a Job with a Criminal Record

I hope this helps.

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Felon needs I.D. to get a Job

Understanding how records can be sealed

Originally published on Feb 23, 2020
Joann Sahl AND Russell Nicholls
Herald Star


Eligible offenders convicted of certain types of crimes can ask the court to expunge, or seal, their convictions. If the court seals a conviction, that conviction is no longer in the public record. Courts seal records so that eligible offenders can move on with their lives without the stigma of a criminal conviction.

Qualifying for sealing

An eligible offender is someone who has no more than five felony convictions. An eligible offender may have unlimited misdemeanor convictions. When a court determines if you are eligible for sealing, it will not consider minor misdemeanors and most convictions for possession of marijuana (which is generally a minor misdemeanor). The court also will not consider most minor traffic offenses, but it will consider convictions for OVIs and DUIs.

Most misdemeanors, fourth and fifth-degree felonies, and in some instances a third-degree felony, can be sealed unless a criminal statute specifically states that a particular crime is not eligible.

Though the court will not consider minor traffic offenses when determining if you are an eligible offender, traffic offenses, including OVIs/DUIs, cannot be sealed. Additionally, you cannot seal first- and second-degree felonies, and any felony with a mandatory prison sentence. Finally, almost all crimes of violence, sex crimes and offenses where the victim was under 16 years old cannot be sealed. However, first-degree misdemeanor assault and domestic violence menacing, a fourth-degree misdemeanor, can be sealed in some circumstances.

How to apply for sealing

You may apply for sealing if one year has passed since your sentence ended for a misdemeanor. If you have one felony, you have to wait three years after your felony sentence ends. For two felonies, the waiting period is four years, and for three to five felonies, you must wait five years after your last felony sentence ended. In addition, the waiting period generally does not begin until you pay any restitution you might owe, as well as fines.

Your request for sealing should be filed in the court where you were sentenced. Once you apply, the court will set a hearing date. The probation department will usually investigate your case and prepare a report for the court to use to determine whether you are an eligible offender. The prosecutor may challenge the sealing request by filing an objection before the hearing date.

The court will determine if you have been rehabilitated, and it will weigh your interest in clearing your name against the government’s need to allow public access to your records. The court will review the probation report to see how you have behaved since the conviction. The decision whether to seal your record is up to the judge.

It is important to know that the court will not automatically seal your case if it was dismissed, you were found not guilty or if the grand jury issued a “no bill” and refused to indict you. You must follow the procedure outlined in this article to get records sealed. There is no waiting period to file for sealing a dismissal or a not guilty verdict. A person may apply to have a “no bill” sealed two years after it is filed.

Access to sealed records

In some situations, the law allows certain employers and state agencies to access your sealed record.

Examples include if you want to care for an older adult, work for a children’s services agency, work for a bank or want to work as a police or corrections officer.

If you apply for a state vocational license, the licensing agency also may be able to see your sealed record. In addition, the police may be able to access your sealed record as part of a criminal case or investigation or if you are seeking a concealed carry permit.

People might also be able to find out about your conviction online. There are many private background check companies, as well as news articles, that may have information about your criminal case. Those organizations will not receive notice that your conviction has been sealed. Once the court seals your record, you should try to notify any organization that has a record of your conviction. It is important to remember that potential employers may use these companies to perform pre-employment background checks, and your conviction could still appear on a background check.

How an attorney can help

It can be complicated to determine if you are eligible to have your criminal record sealed. It requires a review of all of your convictions, even those in other states, and the appropriate law. An attorney can look at your criminal record to help you decide if you are eligible to have your record sealed.

(Sahl is the assistant director of the University of Akron Legal Clinic. Nichols is the director of the Expungement Clinic and the Inmate Assistance program at the University of Akron Law School. The column was written as part of the Ohio State Bar Association’s Law You Can Use series.)

Understanding how records can be sealed

Sealing a Criminal Record

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Understanding how records can be sealed

Eric Mayo

Facing a stigma, many ex-convicts in the U.S. struggle to find work

BY ARIANA FREEMAN, JAN CRAWFORD - JANUARY 31, 2023 / 8:13 PM / CBS NEWS

Nearly 80 million Americans, or about one-third of the total U.S. adult population, are living with some kind of criminal record.

For more than 19 million Americans, that conviction has led to a felony on their permanent record. And in states like Virginia, that is a stain some are forced to live with for the rest of their lives.

"Are we giving out the potential for someone to reform their life and change, or are we giving them consequences that will prevent them from ever having a life that they never imagined having?" Melod Teymorian, 35, told CBS News. 

Teymorian was convicted of a felony in 2016 for a non-violent drug offense: possession of a controlled substance. He believes the punishment nowhere near fit the crime. Although he has been sober ever since, he said he has been denied numerous employment opportunities and housing.  

"As if you didn't feel bad enough, and you haven't been trying to destroy your life on your own, let's help you," Teymorian said. 

With a sincere and engaging style, Teymorian said he believed that, after each interview, the job was his. 

"They liked who I was and they thought I was a good fit for the job," Teymorian said. "And despite that, because of this possession, as a result of a drug charge, they couldn't move forward."

As luck would have it, Teymorian met David Engwall, executive director for Recovery Unplugged, a rehabilitation center in Northern Virginia. What every employer before him saw as something negative they could not look past, Engwall looked at as a bonus. 

"You see, with a person like Melod, you know, if given the opportunity, and I know there's plenty of people that are like Melod out there, what they will produce will be incredible. They just need to have the opportunity," Engwall proclaimed. 

Engwall has numerous employees with felonies on their records, and believes the term "felon" has been overly stigmatized. When asked what he would say to people who believe felons deserve to be punished their entire lives, his response was simple. 

"I'd say life is incredibly complex," Engwall said. "It's very hard to know the circumstances that lead a person…to how these felonies happen."

"We're allowing this enormous group of people to just sort of waste away and continue to persist in these same issues of employment and housing and access," Engwall added.   

In 2025, Virginia is slated to re-examine its felony law, and look at whether convicted felons will be allowed to expunge that stain from their records. But as it stands today, they cannot be erased. 

"I'm resilient," Melod said. "And I believe that. And that same resiliency that I had to face before I had the job helped when I had the opportunity. I will solve the problem." 

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