Scarlet Letter No Longer

No one expects to face criminal charges. But after a case is resolved, one of the first questions clients ask me isn’t about the courtroom or the legal process. It’s about what comes next: “How will this affect my life? Will anyone ever hire me again?”

It’s a valid question. For decades, a criminal conviction was often viewed as a scarlet letter that stuck with someone long after they had paid their debt to society. A background check could end an interview before it even began, leaving many convinced that one mistake would define the rest of their working lives. 

Today, however, the answer isn’t nearly as simple. 

In 16 years as a criminal defense attorney, I’ve represented people from every walk of life, from first-time offenders to individuals with lengthy criminal histories trying to turn their lives around. Every case is different, but one thing remains true: a criminal charge rarely tells the whole story about a person. Fortunately, many employers are starting to understand that reality. 

Over the past several years, hiring practices have begun to shift. Labor shortages have forced employers to expand their applicant pools, leading many businesses to recognize that automatically excluding applicants with criminal records can cause them to overlook qualified employees. Increasingly, employers are asking not just what led to the criminal conduct, but who the person in front of them is today. 

Changes in the law have also contributed to this shift. Across the country, “ban the box” and other fair-chance hiring policies delay questions about criminal history until later in the hiring process, allowing applicants to first be evaluated on their qualifications and experience. In the Kansas City area, the rules differ depending on which side of the state line an employer is on, but the goal is the same: give people who deserve it a fair shot. 

That doesn’t mean a criminal record no longer matters. 

There are still professions where criminal history plays an important role in the hiring process. Positions involving children, healthcare, financial responsibility, law enforcement, or public safety often require additional scrutiny, and some convictions may legally prevent an individual from working in certain fields. Those restrictions exist for good reason. 

For many other positions, however, context matters just as much as the conviction itself.  For example, a marijuana possession conviction once stood out on a background check, signaling to many employers that the applicant should not be considered. Today, after a sweeping shift in attitudes toward marijuana across the country, very few employers care at all.

In my experience, forward-thinking employers aren’t focused solely on whether someone has been in trouble with the law. They’re asking better questions: Was this an isolated mistake or part of a pattern? How much time has passed? What did the applicant learn? Is the offense even related to the position? Those answers provide a much clearer picture than a single line on a background check. 

Applicants have more control over the hiring process than they often realize. One of the biggest mistakes I see is assuming a criminal record makes employment impossible. Others spend so much time explaining their past that they never explain why they’d be a valuable employee today. Employers appreciate honesty, accountability, and evidence of growth. A steady work history, successful completion of probation or treatment, additional education, and years without further legal trouble often speak louder than the conviction itself.

A criminal conviction should never be minimized, and there will always be situations where it creates lasting consequences. But for many people, it no longer has to become a lifetime sentence to unemployment or underemployment. On both sides of the state line, expungements to get rid of criminal records are routinely granted, legally allowing applicants not to disclose their criminal past. As employers, we must ask ourselves: If the same institution that convicted someone of a crime is now expunging that offense, shouldn’t we also consider forgiving and forgetting a past mistake?

Over the years, I’ve watched many former clients rebuild their lives, establish successful careers, support their families, and become valued members of their communities. Their past became one chapter of their story, not the entire story.

Perhaps that is the biggest shift of all. The justice system is designed to hold people accountable for their actions, but accountability does not always end when a case is closed. For many, it includes rebuilding trust, earning opportunities, and proving through their actions that they are more than the worst decision they have ever made. A criminal record may still make finding a job more challenging, but it does not have to become a permanent barrier to a successful career.

PUBLISHED JULY 2026