Job Applicants Forced to Seek Pardons for Misdemeanors

Small mistakes are coming back to haunt people hoping to find employment.

ByABC News
December 2, 2009, 7:24 PM

Dec. 10, 2009— -- When Jason Bell was 16 he drove into a state park without an entry permit sticker -- and got pulled over.

That $10 ticket, together with another misdemeanor charge he got in college, nearly kept Bell from getting a job as an account executive in Lincoln, Neb., almost 10 years later.

Amanda Schroeder, now 28 and a child-protection specialist living in Denver, said a minor "in possession" drinking ticket she received in high school stalled her efforts to get a social worker's license in Colorado.

Bell and Schroeder are among an increasing number of job applicants who find that small mistakes come back to haunt them in the tight job market. And in many of these cases, nothing short of an official clearing of the records or pardon will pave the way to successful employment.

"The smallest things count," said Oleg Stepanyuk, staffing manager of the Work USA employment agency in Lincoln. "When the search is narrowed to four or five people that are equally qualified, then the recruiters, the hiring managers may just compare the background check reports and just go with the one that has a clean sheet."

Mathew Higbee, a lawyer with California-based Higbee and Associates, said he has also noticed the trend. Higbee's firm operates in 11 states, handles more than 1,000 cases a year and hosts a Web site called RecordGone.com.

"We see about 50 percent of our business are people looking to clear their record of misdemeanor crimes," he said, adding that it's "frequent to hear someone say they've been denied a job because of a low-level offense."

As Higbee's firm illustrates, people are willing to pay hundreds of dollars to clear their records. But just how that record-clearing process works depends on where the offense was committed. In some states, courts handle those situations. In others, including Nebraska and Alabama, getting a "clean sheet" requires an official pardon.

And that can be a tedious and time-consuming process.

Schroeder spent almost eight months trying to track down the documents she needed to request a pardon from the Nebraska board. She was 18 when she pleaded guilty to a misdemeanor charge of being a minor in possession of alcohol at a party.

"At the time, I didn't think it was a serious issue at all," Schroeder said. But now, she said, if she could go back in time and talk to herself as a teenager, she'd say that "it is serious and this does follow you around forever."