Pubdate: Sun,  3 Sep 2000
Source: New York Times (NY)
Copyright: 2000 The New York Times Company
Section: New York Times Magazine
Contact:  229 West 43rd Street, New York, NY 10036
Fax: (212) 556-3622
Website: http://www.nytimes.com/
Forum: http://www10.nytimes.com/comment/
Author: Randy Cohen

Note: This deals with the problem faced by those with a felony
conviction (perhaps for drugs) in getting and keeping a job.

A CRIMINAL PAST

A few years back, I was convicted of assault, a felony. I was in
college and had been drinking. I've since moved on to the professional
world and, to secure my last two corporate jobs, I had to lie on my
application regarding my criminal history. I hate the daily anxiety of
being discovered but believe I had no recourse. What should I do? --
Anonymous

You should think about fessing up. Your crime is an old one and is 
unrelated to your current job, where you've had a chance to show your 
merit. Many people are forgiving of youthful wrongdoing, particularly 
if you appeal to them forthrightly. It is more honorable (and less 
uncomfortable) to volunteer your history than to wait fearfully for 
your boss to discover it. And by doing so, you can present your story 
in the most favorable light.  

What you should not have done is lie on a job application. While an 
employer may not probe every aspect of your life -- your religious 
views, your sexual habits -- he or she may legitimately ask certain 
questions, and you must answer honestly. That there may be a price for 
your candor does not lessen this obligation.  

You may have more recourse than you realize. You can apply for a 
"Relief from Civil Disabilities" certificate, notes Deborah A. Scalise, 
an assistant attorney general in New York State who frequently lectures 
on legal ethics. "While a felony conviction can never be expunged from 
the record," says Scalise,the certificate prevents an outright 
forfeiture of a position." Your boss would not be able simply to fire 
you upon learning about your conviction. Instead, you'd have the right 
to argue in a hearing that your youthful misdeed does not diminish your 
ability to do your job. Of course, the boss still gets the final word 
on your continued employment, but at least you get a measure of due 
process. To obtain the certificate, you have to persuade a judge that 
you have not been convicted of a felony more than once and that you 
have been rehabilitated.  

Such laws differ from state to state, so you should talk to a lawyer to 
see how you can come clean without putting yourself in more peril. 
While your situation is grave, it is not apt to be fatal: you are not 
Jean Valjean, and your boss is not Javert.  
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MAP posted-by: John Chase