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What is a Statement of Facts?
Why Do I Need One?
Getting a good job isn't easy when you have a criminal record. In fact, getting a job at all can be hard. Despite the fact that you have done what you needed to do to atone for your crime, and that you are doing all you can to get your life straight when it comes to employment that criminal record just won't leave you alone.
No doubt you dread seeing that 'Have you been convicted of a crime?' question on an employment application. What do you write? If you are truthful and say yes, it's often almost certain that the consideration of your application will end there. If you lie and say no, well it's almost guaranteed you'll be found out, and so the outcome will be the same, or worse.
The fact is that recent studies have shown that 80% of employers - both large and small - now routinely run background checks on those they are considering employing. In most states, they can't do so without your permission, but the fact is you almost certainly know what they are going to find.
And that's the other problem. Most routine background checks merely present the basic facts they find, for example, the court record of a criminal proceeding. There is no context to that document. It does not reflect that you have changed. Maybe the offense was a long time ago and you have never been in trouble with the law since. Or it was a relatively minor offense that has no bearing on the job you are applying for. An employer reading a background check has no way of knowing that though.
Criminal Record Frequently Asked Questions
What is a Criminal Record?
A criminal record is an official record of an individual's criminal history. Such reports are compiled on a local, state and federal level, and come together as an FBI Criminal Report, the document that an increasing number of employers and others use to check an individual's past criminal history. A criminal record includes both misdemeanors and felonies and may even include traffic violations.
Who Makes Use of Criminal Records Outside Law Enforcement Agencies?
Potential employers, lenders, landlords and some regulatory agencies routinely make use of criminal records as a part of their background assessment of an individual.
How Can an Individual Check Their Own Criminal Record?
There are options to access your own criminal record at all levels; local, state and federal. Often the least expensive and most expedient way to get the 'full picture' of your official criminal record is to request a copy of your FBI Criminal Report - also known as an Identity History Summary Check. This report gathers information from law enforcement sources at all levels from across all 50 US states.
Are Employers Legally Allowed to Use Criminal Records When Making Hiring Decisions?
In most states in the US, the answer is yes, but with certain conditions. If challenged the employer must be able to demonstrate that it was a 'business necessity' to make such a judgment because it related in some way to the job requirements. This is interpreted very broadly however, sometimes unfairly so, from the potential employee's point of view.
Why Would an Employer Use a Criminal Records Check in Their Hiring Process?
An increasing number of employers justify their use of criminal background checks as a way to avoid being sued for negligent hiring. This is the concept that states an employer may be negligent if they employ a person that they reasonably could have known was dangerous or unfit to work in their given position. Should an employee harm another while working an employer may be liable. They may also be denied insurance payouts if an employee commits a fiscal crime that again they could have reasonably predicted given that employee's criminal record.
Does a Criminal Record Legally Bar Someone from Working Certain Fields?
The legality of such things varies from state to state, but it is an accepted practice in some fields. For example, a person with fiscal crimes on their record is usually barred from working in a bank. Or, as a person convicted of a felony cannot legally own or use a firearm that may bar them from employment in security.
Can an Employer Ask About Criminal Records in an Interview?
As in a criminal record that relates to proven crimes that resulted in a conviction, the answer in most cases is yes. The law varies from state to state as to whether they can ask about arrests that did not result in a conviction. And it should be noted that if an entry into a criminal record has been expunged it is considered to have never existed, will not appear on a criminal record check any employer might run and so is something that you should never mention.
A Criminal Record Statement of Facts
One extra question that should have been added in the section above is 'what should I tell an employer about my criminal record?' This is a very complex issue however that calls for a section of its own.It is undoubtedly harder for those with a criminal record to obtain a job than it is for those without, even if they are technically better qualified for the position. Whatever the law in your state might be, there is little doubt that a person's criminal record can cloud a recruiter's judgment of their suitability even before, and certainly during, the interview stage of the hiring process and affect their chances of getting the job adversely.
What if there was a way that you could explain your circumstances to a potential employer before an interview? If there was more room on that application form, or you had a way to 'plead your case'. The fact is there is, it's called a Statement of Facts.
A formal Statement of Facts is a little like a standard cover letter that one commonly sends along with a resume or adds to a job application. The kind that is designed to further introduce you to an employer and to showcase your skills and assets. The difference is here that the letter also contains an honest and accurate description of the actual crime behind the criminal record, the circumstances and what you have been doing to set yourself back on the straight and narrow ever since.
What Does a Statement of Facts Look Like?
In order for it to be effective, a Statement of Facts needs to be well-written, concise and clear. It should not be a boilerplate piece, it should address each job application differently, according to the unique qualities of both the position and the company.
An effective Statement of Facts needs to define the situation as briefly as possible and detail the facts in an easy to read manner that will engage and resonate with the reader, helping them understand the applicant's point of view.
Each Statement of Facts letter you make use of should also be tailored to suit each individual position you are applying for. However, by sending, or presenting, this type of letter you will be significantly increasing the chances that an employer will consider YOU for the position, rather than simply being dismissing you as a candidate because of your criminal record.
An effective Statement of Facts needs to define the situation as briefly as possible and detail the facts in an easy to read manner that will engage and resonate with the reader, helping them understand the applicant's point of view.
Each Statement of Facts letter you make use of should also be tailored to suit each individual position you are applying for. However, by sending, or presenting, this type of letter you will be significantly increasing the chances that an employer will consider YOU for the position, rather than simply being dismissing you as a candidate because of your criminal record.
Will a Recruiter/Employer Really Read a Statement of Facts?
If they take the time to read cover letters, then the answer is almost certainly yes. And a Statement of Facts can also be attached to an application form. In the case of application forms that ask, 'Have you ever been convicted of a crime?' there is almost always a small - very small - box provided for an applicant to add an explanation.
Your Statement of Facts letter replaces whatever scribblings you could have added in that tiny space. And because most recruiters are acutely aware of the dangers of discriminatory hiring practices, they are almost certain to read it, if only to protect themselves and the company they work for.
Your Statement of Facts letter replaces whatever scribblings you could have added in that tiny space. And because most recruiters are acutely aware of the dangers of discriminatory hiring practices, they are almost certain to read it, if only to protect themselves and the company they work for.
Won't Admitting to Having a Criminal Record Upfront Hurt Me?
If the question 'Have you ever been convicted of a crime' or something similar is being asked you are obligated to provide an answer if you want your job application to be considered, and as we have already mentioned, lying just isn't an option, as you will be found out. So, adding a Statement of Facts upfront is simply a way of better answering the question. And the fact is that even in this day and age a good employer values honesty, and a well-written Statement of Facts demonstrates this quality very well.
Where Can I Get Help Writing a Good Statement of Facts?
We specialize in helping people craft an effective Statement of Facts that will achieve just this. If your criminal record is holding you back, contact us, as a Statement of Facts may be just what you need to set you back on the same footing as any other job applicant and advance your career in the positive direction you are hoping for.
Effective
A professionally prepared Statement of Facts is an effective way to tell 'your side of the story' and highlight positives over negatives.
Easy
Our trained and caring staff will listen to your story with patience and compassion and then advise you on how best to proceed.
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We have pledged to keep the cost of our services as low as possible, so that this opportunity is open to all.
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