EXPLAINING YOUR CRIMINAL EXPLAINING YOUR CRIMINAL HISTORY AND THE HISTORY AND THE

LETTER OF EXPLANATIONLETTER OF EXPLANATION

Taking Control of Your Job Taking Control of Your Job Search and Your Life!Search and Your Life!

BackgroundBackground

Different places use different records. Different places use different records. Many employers ask on their application if Many employers ask on their application if

you were ever convicted of a crime. Or they you were ever convicted of a crime. Or they might word the question to ask whether you might word the question to ask whether you have ever been convicted of a felony or have ever been convicted of a felony or misdemeanor.misdemeanor.

Typically, the application says you do not Typically, the application says you do not have to divulge a case that was expunged or have to divulge a case that was expunged or dismissed, or that was a minor traffic dismissed, or that was a minor traffic violation. violation.

Aliases – has anyone used your name when Aliases – has anyone used your name when they have committed a crime?they have committed a crime?

Reports UsedReports Used CCAP (Circuit Court Automation CCAP (Circuit Court Automation

Program)Program) CIB (Crime Information Bureau)CIB (Crime Information Bureau) FBIFBI Driving RecordsDriving Records Credit RecordsCredit Records Municipal RecordsMunicipal Records

CCAPCCAPwww.wcca.wicourts.govwww.wcca.wicourts.gov A court record maintained by the court A court record maintained by the court

system when cases are filed in Circuit system when cases are filed in Circuit Court Updated when court evens occurCourt Updated when court evens occur

Caution!Caution! Easy to mix people upEasy to mix people up May say more than you want it toMay say more than you want it to Easy for people to access and Easy for people to access and

misunderstandmisunderstand

CCAP Example – Names ListCCAP Example – Names List

CCAP Example - DetailsCCAP Example - Details

CIB (Crime Information Bureau)CIB (Crime Information Bureau)www.doj.state.wi.us/dles/cibwww.doj.state.wi.us/dles/cib Is a police arrest record AND is what the law Is a police arrest record AND is what the law

requires employers to use.requires employers to use. Are listed in cycles – a cycle is started for each Are listed in cycles – a cycle is started for each

arrestarrest Updated when police or courts send info the state – Updated when police or courts send info the state –

Wisconsin Dept. of JusticeWisconsin Dept. of Justice Caution!Caution!

There is no legislation stating this information must be There is no legislation stating this information must be accurate – no accountabilityaccurate – no accountability

Sometimes there is duplicate information making it look like Sometimes there is duplicate information making it look like there are more events than there actually arethere are more events than there actually are

There are fees to access record. The amount of the fee There are fees to access record. The amount of the fee depends on who you are.depends on who you are.

Contains too much information, including personal Contains too much information, including personal informationinformation

Easily misunderstoodEasily misunderstood Includes expunged casesIncludes expunged cases

FBI ReportFBI Reportwww.fbi.gov/hq/cjisd/fprequest.htmwww.fbi.gov/hq/cjisd/fprequest.htm An FBI Identification Record (or a Criminal History An FBI Identification Record (or a Criminal History

Record or Rap Sheet)Record or Rap Sheet) A listing of information taken from fingerprint A listing of information taken from fingerprint

submissions in connection with arrests and, in some submissions in connection with arrests and, in some instances, federal employment, naturalization, or instances, federal employment, naturalization, or military service. military service.

If the fingerprints are related to an arrest, the Record If the fingerprints are related to an arrest, the Record includes name of the agency that submitted the includes name of the agency that submitted the fingerprints to the FBI, the date of arrest, the arrest fingerprints to the FBI, the date of arrest, the arrest charge, and the disposition of the arrest, if known to the charge, and the disposition of the arrest, if known to the FBI. FBI.

All arrest data is obtained from fingerprint submissions, All arrest data is obtained from fingerprint submissions, disposition reports and other reports submitted by disposition reports and other reports submitted by agencies having criminal justice responsibilities. agencies having criminal justice responsibilities.

Good to check if you have cases in other statesGood to check if you have cases in other states

Driving RecordsDriving Records

www.dot.wisconsin.gov/drivers/index.htmwww.dot.wisconsin.gov/drivers/index.htm Request a copy of your driving record from the Request a copy of your driving record from the

Department of Motor Vehicles, especially if you Department of Motor Vehicles, especially if you are applying for a job that involves driving. are applying for a job that involves driving.

Don't be confused. An OWI conviction is Don't be confused. An OWI conviction is notnot considered a minor traffic infraction. Applicants considered a minor traffic infraction. Applicants with an OWI who have not checked "yes" on a job with an OWI who have not checked "yes" on a job application application may be denied employment for may be denied employment for falsifying the formfalsifying the form -- even when the incident -- even when the incident occurred only once or happened many years occurred only once or happened many years before. The employer perceives this as before. The employer perceives this as dishonesty, even though the applicant might only dishonesty, even though the applicant might only have been confused by the question. have been confused by the question.

Credit ReportCredit Reportwww.annualcreditreport.comwww.annualcreditreport.com Employers often do credit checksEmployers often do credit checks You are entitled to one free report You are entitled to one free report

each yeareach year Get a copy and go over it with a fine Get a copy and go over it with a fine

tooth combtooth comb Clear up any issues on itClear up any issues on it Consider adding comments to itConsider adding comments to it

Municipal Citations (Muni’s)Municipal Citations (Muni’s)http://http://query.municourt.milwaukee.gov/home.aspquery.municourt.milwaukee.gov/home.asp

This site includes data on the following This site includes data on the following types of cases: types of cases: Municipal ordinance and traffic violations Municipal ordinance and traffic violations

occuring within the limits of the City of occuring within the limits of the City of Milwaukee Milwaukee

Parking citations contested in court. Parking citations contested in court. Only displays cases that have not yet been Only displays cases that have not yet been

satisfied or have been satisfied within the satisfied or have been satisfied within the last 5 years. last 5 years.

Not all counties have thisNot all counties have this

What To DoWhat To Do

It is It is criticalcritical that you know what is on these that you know what is on these various reports and that you list various reports and that you list everyevery case you have when requested by an case you have when requested by an employer OR you could be denied an employer OR you could be denied an opportunity for employment. Don’t take opportunity for employment. Don’t take this for granted in any way. this for granted in any way.

Options:Options: ExpungementExpungement Hiding RecordsHiding Records Record RemovalRecord Removal PardonPardon

ExpungementExpungement

Applies to court records onlyApplies to court records only Generally only possible for a misdemeanorGenerally only possible for a misdemeanor Hides the courthouse file and CCAP record Hides the courthouse file and CCAP record

but is still on CIBbut is still on CIB Issues:Issues:

Were you under 21 and committed a Were you under 21 and committed a misdemeanor?misdemeanor?

Are you off paper and trouble free?Are you off paper and trouble free? Talk to judge’s clerk for information on how to Talk to judge’s clerk for information on how to

request itrequest it

A/K/A Expunction or sealing a record www.wisconsinexpungement.com/

Hiding RecordsHiding Records

A judge orders a record removed A judge orders a record removed from CCAP if the conviction is from CCAP if the conviction is inflammatory or immediately inflammatory or immediately preventing employmentpreventing employment

Need a lawyer to get this done Need a lawyer to get this done Must prove there is harm being done by the Must prove there is harm being done by the

record being out thererecord being out there

Record RemovalRecord Removal

Can be used for the CIBCan be used for the CIB Arrests resulting in no prosecution, Arrests resulting in no prosecution,

dismissal, or acquittal can be removed dismissal, or acquittal can be removed from CIBfrom CIB

Must file a removal request with the CIB Must file a removal request with the CIB – one request for each cycle to be – one request for each cycle to be removedremoved

Does not remove a case from CCAPDoes not remove a case from CCAP

PardonPardon

The governor's pardoning power is granted in the Wisconsin Constitution. Article V, section 6 of the Wisconsin Constitution provides: "Pardoning Power. Section 6. The governor shall have

power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons... He shall annually communicate to the legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve, with his reasons for granting the same."

Pardon2Pardon2

http://http://wilawlibrary.gov/topics/justice/crimlaw/pardons.pwilawlibrary.gov/topics/justice/crimlaw/pardons.phphp

Rare and not helpfulRare and not helpful Time consumingTime consuming EmotionalEmotional Requires patience and perseveranceRequires patience and perseverance

““Substantially Related”Substantially Related”

An employer can not have a blanket policy that An employer can not have a blanket policy that anyone with a criminal record will not be hired by anyone with a criminal record will not be hired by that company.that company.

An employer may ask you if you have any pending An employer may ask you if you have any pending charges or convictions as long as they make it clear charges or convictions as long as they make it clear that only offenses that are substantially related may that only offenses that are substantially related may be considered.be considered.

An employer may only refuse to hire a qualified An employer may only refuse to hire a qualified applicant because of a conviction that substantially applicant because of a conviction that substantially relates to the job – if the offense is upsetting that relates to the job – if the offense is upsetting that does not count!!does not count!!

The law does not define thisThe law does not define this Applies to labor organizations, employers, Applies to labor organizations, employers,

employment or licensing agenciesemployment or licensing agencies Look at the offense: what was it, where did it Look at the offense: what was it, where did it

happen, when did it happen?happen, when did it happen? Now look at the job duties…Now look at the job duties…

LETTER OF EXPLANATIONLETTER OF EXPLANATION

What it isWhat it is WhyWhy WhenWhen What to sayWhat to say What not to doWhat not to do ExamplesExamples

What It IsWhat It Is Explanation of criminal historyExplanation of criminal history Accepting responsibility for choicesAccepting responsibility for choices Discusses lessons learned from past Discusses lessons learned from past

choiceschoices An opportunity for you to present An opportunity for you to present

yourself in a positive light and to not yourself in a positive light and to not be defined by your pastbe defined by your past

Why To Use ItWhy To Use It

HR perspective – they want to find “an HR perspective – they want to find “an out” if they know you have a recordout” if they know you have a record

Trash – try to prevent the app from being Trash – try to prevent the app from being tossed outtossed out

Do not put “will discuss in interview on a Do not put “will discuss in interview on a job application”job application”

Take control of your job searchTake control of your job search Increase chances of interview or hiringIncrease chances of interview or hiring A way to get employers to get to know youA way to get employers to get to know you

When To Use ItWhen To Use It Filling out a job applicationFilling out a job application To prepare for how you will verbally To prepare for how you will verbally

explain your history in an interviewexplain your history in an interview Give to a potential employer in an Give to a potential employer in an

interview after you’ve talked about itinterview after you’ve talked about it

What To SayWhat To Say The complete truthThe complete truth Use soft, positive wordsUse soft, positive words Use your own voiceUse your own voice Give employer respect and honestyGive employer respect and honesty Tell them that when they do a background check Tell them that when they do a background check

they will find thingsthey will find things Tell them what they will findTell them what they will find Accept responsibility for choicesAccept responsibility for choices Explained any lessons learned, classes taken, Explained any lessons learned, classes taken,

new insights, etcnew insights, etc Talk about what makes you special – why should Talk about what makes you special – why should

they hire you?they hire you? Tell them you are excited about an opportunity to Tell them you are excited about an opportunity to

work with them and you look forward to meeting work with them and you look forward to meeting with themwith them

What Not To DoWhat Not To Do

Say too much about the offenseSay too much about the offense Take up more than one pageTake up more than one page Make excuses for choicesMake excuses for choices Pass blamePass blame Create/show a victim mentalityCreate/show a victim mentality

ExampleExampleTo Whom It May Concern:To Whom It May Concern:

The things I value most are honesty, integrity and directness. Therefore, upon conducting a The things I value most are honesty, integrity and directness. Therefore, upon conducting a background check, you will find that I have felony convictions for Theft in a Business background check, you will find that I have felony convictions for Theft in a Business Setting and a misdemeanor for Disorderly Conduct.Setting and a misdemeanor for Disorderly Conduct.

From this experience I have grown and taken personal responsibility for my actions. I also From this experience I have grown and taken personal responsibility for my actions. I also hurt many people from my mistake and realize I can’t change what is already done but I hurt many people from my mistake and realize I can’t change what is already done but I can make the best with what is left. I am very remorseful of my actions and feel it is not can make the best with what is left. I am very remorseful of my actions and feel it is not only important, it is necessary to continue making my restitution payments, to give back only important, it is necessary to continue making my restitution payments, to give back to the community through public speaking on the negative affects that gambling can to the community through public speaking on the negative affects that gambling can have and to donate crocheted items I make to shelters, churches and charities. I have have and to donate crocheted items I make to shelters, churches and charities. I have made a terrible mistake however, I would like to put it behind me and keep moving made a terrible mistake however, I would like to put it behind me and keep moving forward. I am looking for a second chance to reestablish myself in the community.forward. I am looking for a second chance to reestablish myself in the community.

I am eager to purse this or other opportunities with your company. I believe my experience I am eager to purse this or other opportunities with your company. I believe my experience will allow me to contribute to the successful day-to-day running of your company. I can will allow me to contribute to the successful day-to-day running of your company. I can adapt to adversity and work assignments with minimal supervision. I am a go-getter, adapt to adversity and work assignments with minimal supervision. I am a go-getter, hard worker, reliable, team oriented professional that has a lot to offer the right hard worker, reliable, team oriented professional that has a lot to offer the right company. In addition your company could be eligible for up to $9,000 in tax credits for company. In addition your company could be eligible for up to $9,000 in tax credits for hiring me. To guarantee that I will be an honest worker, I can be bonded up to $25,000 hiring me. To guarantee that I will be an honest worker, I can be bonded up to $25,000 through the Fidelity Bonding Program. I will be happy to supply you with more through the Fidelity Bonding Program. I will be happy to supply you with more information at your request.information at your request.

I look forward to the opportunity to further discuss my qualifications and address any I look forward to the opportunity to further discuss my qualifications and address any questions you may have. Thank you for your consideration.questions you may have. Thank you for your consideration.

Sincerely,Sincerely,Pamela ProudPamela Proud

Summary Summary You need to be the expert of you.You need to be the expert of you. You should take control of your job You should take control of your job

search and your life.search and your life. There could be consequences for not There could be consequences for not

reporting your entire criminal history.reporting your entire criminal history. You do not have to be defined by You do not have to be defined by

your past. your past. Do your homework. Do your homework. Never give up!Never give up!