When facing criminal charges, the potential consequences of a conviction can be overwhelming. Beyond the immediate penalties like fines or imprisonment, the long-term effects on your life can be profound.
One of the most significant concerns for many is how a criminal conviction might affect their employment prospects. In Texas, this is not a simple question, as the answer can vary depending on the type of conviction, the nature of your job, and the laws that apply to your situation.
The Bryan criminal defense lawyers at the Law Office of Shane Phelps understand how a criminal conviction can impact your employment in Texas. We can explain your rights as an employee or job applicant and how our attorneys can help you navigate these challenges.
Understanding the Different Types of Criminal Convictions in Texas
Before diving into how a criminal conviction can affect your employment, the different types of convictions in Texas include:
- Misdemeanors: Less severe offenses that are generally punishable by fines, probation, or short-term jail time (up to one year). Common misdemeanors include petty theft, simple assault, and minor drug possession.
- Felonies: More serious crimes that carry heavier penalties, including longer prison sentences, substantial fines, and more significant long-term consequences. Felonies include offenses like burglary, aggravated assault, and drug trafficking.
- State Jail Felonies: Unique to Texas, these are offenses that fall between misdemeanors and felonies. They carry penalties including incarceration in a state jail facility for up to two years.
The type of conviction you have will play a large role in how it affects your employment. In Texas, the more severe the conviction, the greater the potential impact on your job.
How a Criminal Conviction Can Affect Your Current Job
If you’re already employed when convicted of a crime, you may lose your job due to:
Employer’s Policies
Some employers have strict policies regarding criminal convictions. These policies might require the termination of employees who are convicted of certain crimes, particularly if the offense is related to the nature of the job. For example, a financial institution may have zero tolerance for employees convicted of theft or fraud.
Nature of the Job
As we indicated above, certain jobs in Texas are more sensitive to criminal convictions. A criminal conviction could lead to immediate termination if you work in a position of trust, such as in education, healthcare, or law enforcement. This is especially true if the conviction is related to the duties of the job, such as a healthcare worker convicted of drug-related offenses.
License and Certification Requirements
Many professions in Texas require licenses or certifications that can be revoked or suspended due to a criminal conviction. For example, a teacher, nurse, or lawyer may lose their professional license, making it impossible to continue in their career.
The Texas Department of Licensing and Regulation (TDLR) and other licensing boards can act against professionals with criminal records.
At-Will Employment
Texas is an at-will employment state, meaning employers can terminate employees for almost any reason, including a criminal conviction, as long as it’s not discriminatory (e.g., based on race, religion, or gender). This means that even if your job doesn’t specifically require termination for a criminal conviction, your employer may still choose to end your employment.
How a Criminal Conviction Can Affect Your Future Employment Opportunities in TX
A criminal conviction can also make securing future employment in Texas more challenging. Here’s how:
Background Checks
Many employers conduct background checks on job applicants. In Texas, there is no law prohibiting employers from considering your criminal history when making hiring decisions.
If a potential employer sees a criminal conviction on your record, they may decide not to offer you the job, especially if the conviction is recent or relevant to the position.
Industry-Specific Restrictions
Similar to what we mentioned above, certain industries in Texas have strict rules about hiring individuals with criminal records. For instance, those with felony convictions cannot work in education, healthcare, law enforcement, and other fields requiring trust and responsibility. Even if you have the skills and experience for the job, a criminal conviction could disqualify you from being hired.
Stigma and Discrimination
Unfortunately, some employers may hesitate to hire someone with a conviction, even if it’s unrelated to the job. While not always legal, this discrimination can make it difficult to find employment.
Ban the Box and Fair Chance Hiring
While Texas does not have a statewide Ban the Box law, some cities, such as Austin, have implemented fair chance hiring practices that prohibit employers from asking about criminal history on initial job applications.
The term comes from the practice of removing the checkbox (or box) on job applications that asks whether an applicant has a criminal record.
By banning this box, the initiative aims to delay inquiries about criminal history until later in the hiring process, allowing applicants to be considered based on their skills and qualifications first. However, once the interview process begins, employers can still inquire about your criminal record, and the information can influence their hiring decisions.
What Are Your Rights as an Employee or Job Applicant in Texas?
While a criminal conviction can have significant consequences, you still have rights. A criminal defense attorney who understands these rights can help you protect your employment opportunities.
Discrimination Protections
Under the Civil Rights Act of 1964 and the Texas Commission on Human Rights Act, employers cannot discriminate against you based on race, color, religion, sex, national origin, age, or disability. If an employer uses your criminal record as a pretext to discriminate against you based on one of these protected characteristics, you may have legal recourse.
Sealing or Expunging Your Criminal Record
In some cases, you may seal or expunge your criminal record, which means it will not show up on most background checks. In Texas, non-violent misdemeanor offenses and certain felony offenses may qualify for expungement or an order of nondisclosure, particularly if you successfully completed a deferred adjudication program.
Sealing your record can significantly improve your employment prospects.
Fair Credit Reporting Act (FCRA)
Under the FCRA, employers must follow certain procedures when conducting background checks. If an employer plans to deny you a job based on information in your background check, they must provide you with a copy of the report and an opportunity to correct any inaccuracies.
This law helps ensure that you are not unfairly disqualified from employment due to incorrect or outdated information.
Texas Workforce Commission (TWC) Protections
The TWC enforces laws that protect workers’ rights in Texas. If you believe your employer unfairly terminated or discriminated against you due to a criminal conviction, you can file a complaint with the TWC.
While not all cases will result in a positive outcome, the TWC can investigate and, in some instances, take action against employers who violate employment laws.
How the Law Office of Shane Phelps Can Help You
Facing a criminal conviction is a daunting experience, especially when you’re worried about how it might affect your job and future employment prospects. At the Law Office of Shane Phelps, we understand the fear and uncertainty of these situations, and we are here to help you navigate through them.
The best way to protect your employment is to avoid a conviction in the first place. Our experienced criminal defense attorneys will work tirelessly to defend your rights, challenge the prosecution’s case, and seek to have charges reduced or dismissed. By building a strong defense, we aim to prevent a conviction that could jeopardize your job.
If you have already been convicted, all is not lost. A skilled criminal defense lawyer can explore options for post-conviction relief, such as appeals, probation modifications, or sentence reductions.
Additionally, our law firm can assist with expunging or sealing your criminal record if you are eligible, helping you move forward without the burden of a public conviction.
Navigating the complex relationship between criminal convictions and employment can be challenging. We provide personalized legal advice to help you understand your rights and options.
Whether you need assistance with understanding employment discrimination laws, defending against wrongful termination, or negotiating with an employer, we are here to support you.
At the Law Office of Shane Phelps, we know that a criminal charge or conviction is not the end of your story. We believe in second chances and are committed to helping you rebuild your life. Our compassionate approach ensures that you receive the respect and understanding you deserve throughout the legal process.
Take Control of Your Future: Contact Shane Phelps Law
A criminal conviction can seriously affect your employment in Texas, but it doesn’t have to define your future. Whether you are currently facing charges or dealing with the aftermath of a conviction, the Law Office of Shane Phelps is here to help you protect your rights and secure the best possible outcome for your situation.
Don’t let a criminal conviction stand in the way of your career and livelihood. Contact the Law Office of Shane Phelps today to discuss your case and learn how we can help you take control of your future. With our experience and dedication, we will stand by your side every step of the way.
Call our Bryan, TX office at (979) 775-4100 or contact us online. Our legal team is available 24/7.
Shane Phelps
Lead Attorney
As founder of Shane Phelps Law, Bryan/College Station criminal defense attorney Shane Phelps has a reputation as a leading trial lawyer in the Central Texas area. With decades of experience as both a prosecutor and a criminal defense attorney, Shane has tried more than 300 jury trials, everything from DWI to Capital Murder.
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