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DISCLAIMER: This is NOT legal advice. I am not a lawyer, and there's a hell of a lot of risk in what I'm going to tell you to do.

When I was a teenager, someone I knew did something nonviolent but pretty bad (severe academic dishonesty) and had a non-empty answer to the "Discipline Question".

You might judge me negatively for keeping such a person as a friend-- and I shouldn't have, but that's another story-- but at the time, I was naive and not a great judge of character. Anyway, he asked for advice on the Discipline Question and I told him to take an "odds and evens" strategy: rank his choices. For the odd-numbered (1st, 3rd, ...) choices, omit it. For the even-numbered ones, full disclosure. The idea was that whether the information would be disclosed (by the Guidance Office) was an unknown but constant variable: they'd either tell all colleges or none.

If his HS Guidance Office disclosed to all, he'd have a slight chance of getting the ones where he did disclose (his evens) and no chance of getting the ones where he omitted (the odds).

If Guidance disclosed to none, he'd have a slight chance of getting the evens and a pretty good chance (they wouldn't know) of getting the odd-numbered choices.

His HS took his mistakes off the record, so they didn't disclose. He did well on his odd-numbered college choices and zeroed the even-numbered ones. If I recall correctly, he got 3 out of 5 odds and 0 out of 5 evens. Not a lot of data, but the conclusion was: don't answer the Discipline Question.

There isn't a constant, hidden variable (guidance office) for your case but it's still unpredictable how easily employers will find out and how your conviction will be perceived. There are hidden variables you can't easily measure.

So I think "odds and evens" is the right strategy. Full, honest disclosure with half. Full omission with half. Collect data. Iterate.

You didn't hear this from me. I don't know the details and I'm not a felon, but I think it is pretty fucked up how any felony leads to long-term economic disenfranchisement, so I sincerely hope this advice helps.

With governments, full disclosure always. It's unambiguously illegal to lie about a felony conviction to get a government job. So tell the truth.

Get a lawyer, too. Find someone who's dealt with this and knows the risks. I don't think my "odds and evens" approach is, to quote Inception, "strictly speaking, legal".

That's an interesting story.

As a counterpoint, since we're all just dealing in anecdotes here, I had a non-empty answer to the "Discipline Question"; I was suspended for "hacking", albeit after voluntarily telling my principal about it.

I disclosed it on my applications, while my high school did not. I was still accepted to MIT and Stanford. I later learned that MIT actually called my high school to get clarification on it, so I know it was seen at least by them.

I was also a finalist for an NSA scholarship program (flown out to the Maryland "friendship annex" for interviewing) despite having disclosed it.

So, I dunno what my point is. Maybe these things depend on who reads your application or what, but it's not an automatic dealbreaker, and I do encourage people to be honest.

Just a curious thought, if you was applying for a CS course, do you think it could have actually had a positive impact on chances?
Well, to be honest I figured it wouldn't hurt my chances. I've learned more from google and boredom with a heavy dose of frustration than I've ever learned in school.

All of my associates in the field do not have to deal with this issue and maintain the perspective that actual experience is more important than education. I've an incredible obstacle to surmount and it matters to me that I have documented training. It's just one-less-thing standing in the way.

I think it may have helped with the NSA scholarship, but I didn't apply to colleges for CS, so it wouldn't have helped there.
I guess with cracking the intent is crucial. Ie were you just curious and forgot to respect the boundary, or were you in it for personal gain. The first would make good NSA agents once set straight, the second much harder to trust.
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Ahh yes. The good ol' hat problem. I never considered remaining silent about it, but most places around here do CORI background checks with the information on CV so It is hard to avoid. Also, a simple google query of my name pulls up quite a few embarrassing news articles. Imagine the fun it was to explain the situation to your spouses parents after they have googled you.

Thank you for your response. I will give non-disclosure a shot and see how that works. It feels inappropriate deceptive for me to omit those details when asked (via interview question in person, phone, or form) about them.

Have you thought about using a different name in business? A friend of mine Anglicized his and it fixed a reputation problem.

For most people, that'd be a loss. You'd lose your whole reputation. It sounds to me like your reputation is of negative value, given the Google problem.

Keep in mind also that Googling happens before interview, and background checks happen after a successful interview. So even if the name-change won't get you around a formal check (by some stable identifier like SSN) you can at least control the time of disclosure.

The ugly thing about being Googled is that you don't know when or if it happens. Name change gets you the interview and then, if you're pretty sure they'll find it in a more thorough check, you can disclose it on your terms.

You're often not allowed to change your name for this sort of reason.
Really you can change your name for whatever reason you want, and there isn't even a process. You just start introducing yourself as that new name. Of course you have to be careful which name you use on which form (legal name goes on the I-9, chosen name goes on the resume, occasionally you get the opportunity to fill out the 'other aliases' field, etc), but otherwise there is zero hassle and so long as there is not an intent to defraud, you are in the clear.

Almost every member of my immediate family has casually done this at least once with no problem (it's kind of a family tradition it seems..). The name on my credit cards, the name I am known by professionally, and the name my parents know me by are all different. They share similar derivation yes, if you know one of them you probably would not bat an eye when another came up, but they are absolutely sufficiently different to isolate online reputations.

If you're saying anybody who Googles you can find out about your record, it would obviously be silly to lie about it. If your employer somehow fails to do that during the hiring process, somebody will eventually do it after you start working there.
If you hide it you risk being discharged a month, a year, or five years from now when your employer finds out, and then they aren't referenceable.

If I were hiring for a security-related job, I'd consider the poster if he not only disclosed the conviction, but also contextualized it on his cover letter the way that he did in the pastebin, and if he provided some character witnesses (teachers, employers).

"If you hide it you risk being discharged a month, a year, or five years from now when your employer finds out, and then they aren't referenceable."

This, this, a million times this. It's not even losing the job that would be the worst for me, it would be the paranoia of turning up to work every day thinking "Did they find out about that thing now? Are they considering firing me or did they decide it didn't matter? Argh!!".

There's a Calvin & Hobbes strip where Calvin breaks his dad's binoculars and is certain at the dinner table that night that his father knows. The anxiety gets to Calvin so much that after about 30 seconds (this is Calvin, remember) he breaks down and confesses. That would so be me in an employment situation where there was something I hadn't disclosed which could lead to dismissal.

There's a Calvin & Hobbes strip where Calvin breaks his dad's binoculars and is certain at the dinner table that night that his father knows. The anxiety gets to Calvin so much that after about 30 seconds (this is Calvin, remember) he breaks down and confesses. That would so be me in an employment situation where there was something I hadn't disclosed which could lead to dismissal.

Everything you have said on the Internet, ever, "could lead to dismissal". It's a risky world. You just gotta make the best decision you can at each point in time.

Upvoted, I think that's a very fair point. From Calvin and Hobbes to Montaigne: "There is no man so good that if he placed all his actions and thoughts under the scrutiny of the laws, he would not deserve hanging ten times in his life".
For one, I don't think I deserve to be hanged even once. I believe I cannot even be convicted for even minor crimes. Following the law has its benefits, not worrying (about being caught), is a significant one for me.
I hear you, but with respect think you have misconstrued the quotation. Montaigne is saying that the law is so wide and so complex that without knowing it we are constantly committing crimes, for which no fair judge would try us and for which we will never be punished, but nonetheless we are committing.

He exaggerates for effect both in the extent of the crimes and the extent of the punishment but, as a complement to the idea that an employer (if you will, a potentially "unfair judge") can extend their checks from criminal activity to all online activity and in so doing legitimately dismiss an employee, it seems an appropriate "polite" reply to my comment's parent.

If you hide it you risk being discharged a month, a year, or five years from now when your employer finds out

Long-term job security no longer exists. When you take a job, you are always at risk that it ends. For sure, this risk is real. He might get fired for hiding that detail. On the other hand, that likely means he wouldn't have gotten the job in the first place. Which is worse: getting a job for a couple years, building up savings, and then getting fired... or not getting any jobs and being long-term unemployed?

There are no easy answers here. We're comparing bads here. There are risks either way.

and then they aren't referenceable.

At 1 month, you just omit it.

At a year or 5 years, there are two cases. One is where the boss likes you but has (or feels he has) no choice. He probably didn't find you out or make the decision and he may want to help you out. You can discuss the reference issue and he'll probably be your ally.

If he's genuinely mad and won't give a good reference, then make him retreat to name and dates. Have lawyers on it if needed.

In the very-rare case that you need an affirmative good reference (default name-and-dates won't be enough) and he won't give it, then you have to go to extortion. That's an uncommon and ugly topic that I don't want to get into, but at 1-5 years, you have enough important knowledge to make that happen, unless he really hates you.

Extortion? You're just full of great advice, now aren't you?

Lying on your application and extorting people risks torching an already damaged reputation, not to mention potentially huge civil and even criminal liabilities.

To the OP, I recommend ditching the Machiavellian stuff. The best bet in my opinion is to network and contribute to projects where possible (such as through OSS, freelance, etc.). If people actually know you and your story and you have a track record with them, the chances of them putting enough trust in you are much greater. I don't think you should leave the CS world. You're going to find the same issues in any line of work, so you might as well stay in the field where your skills lie.

We're talking about what to do in rare but extremely bad situations where there are literally no good avenues... not what people should do in normal circumstances.

"Extortion" was too strong a word. I meant it in the sense of "aggressive negotiation". Demanding a positive reference not to blow something humiliating is not extortion. If you demand money not to blow something, you're breaking the law, because there's no connection between the payoff and the threat (exposure). However, with a reference, it's "we're going to part ways, but it's best for both of us that we tell the same story, so let's get straight about what just happened". That's how you present it. Not really extortion.

Your advice to OP has a lot of value and on the whole I agree with what you are telling him to do. OSS contributions are a really good idea for him.

However, I still contend that an "odds and evens" mixed strategy will perform better than full disclosure.

Demanding, using "strong negotiation", a positive reference from somebody to whom you lied about your criminal status seems like a good way to get a billboard erected with your face and a URL to your LinkedIn profile on 101.

This isn't the first HN comment you've left where you suggested playing hardball to get positive references from employers. You have an idiosyncratic view of the dynamics of employee references. I find it disquieting, but that obviously doesn't make it intrinsically wrong. I do feel safe saying that it is out of step with the way most employers view the same dynamics.

(https://news.ycombinator.com/item?id=5007550 - "For me, it's really about references. I don't need a severance, but if you don't agree on a good reference I will do everything in my power to fuck up your reputation.")

If there's no severance, then I'd expect a solid-gold reference, yes. With appropriate severance, the neutral name-and-dates is fine.

A bad reference is an existential battle. You do everything you can to fight that. However, pushing neutral to good is generally a waste of time. Dust yourself off, get clean, and move on.

I am no kind of authority, so please don't take this comment any further than the actual words in the comment box. In particular, I have never worked with you, or anyone who has worked with you; I don't even know what you do (I'm sure it's something interesting and challenging). You're an abstraction to me. I cannot possibly have any opinion about the advisability of employing you and am only sharing my opinion about the ideas you are expressing.

What I have to say about your perspective on references is that I will never, under any circumstances, work with, for, or over someone who believes what I think you're saying you believe about references. "Bad reference => war", to me, is essentially an endorsement of professional dishonesty.

Negotiating over the quality of your reference is to me a bit squicky, but it's on the right side of the line, just a couple steps past coaching your references (which is also white-lie dishonest]). Using aggressive negotiation tactics to ensure good references from people who don't believe your work merits a good reference is on the wrong side of the line. You think it's a concession you're extracting from your former employer, but it is really a concession you are surreptitiously taking from your future employer.

"Bad reference => war", to me, is essentially an endorsement of professional dishonesty.

This whole subthread is about 3-sigma outlier cases that (may) require dishonesty.

I am not ashamed to say that, in a 3-sigma bad situation, I would rather lie (especially, being an immensely capable person who would be a good hire, which means the lied-to party would benefit) than starve.

Honestly is a luxury of the 99% of us (including you and me) who aren't "cosmetically challenged" in some severe, career-damaging way.

Why have interviews at all? You're an immensely capable person who clearly knows what's best for your prospective employer. Just hire yourself for them!
Way to miss the point, very impressive indeed!

michaelochurch brings up a great point that having even the most minor slip in your records will too often result in a disproportionately, unreasonably unfair reception in the job market:

    I don't know the details and I'm not a felon, but I think
    it is pretty fucked up how any felony leads to long-term
    economic disenfranchisement, so I sincerely hope this
    advice helps.
There is something wrong in the system that things are that way, and really I don't see anything abjectly wrong in one doing what he suggested, when you're in a position where the odds are overwhelmingly stacked against you and you've still got to somehow provide for your family.
He is incorrect about the job market for former felons in our field, but that is orthogonal to the subsubthread we find ourselves on now.
> He is incorrect about the job market for former felons in our field

I recall that you are in the security field. Naturally some of the best workers in the field very well might be individuals who got into trouble in their teenage years for hacking offenses -- I think you're operating on certain assumptions that are valid indeed only for that niche security field. I can tell you from my experiences in the corporate IT world that the situation here is the opposite to the one you speak of, employers come down hard on folks with the slightest slip in their records, and will absolutely use that bit of information to discriminate against them in hiring decisions.

I agree with michaelochurch when he points out that getting a job for a couple years, building up savings, and then getting fired... is probably better than not getting any jobs and being long-term unemployed in most scenarios.

That's an easy statement to agree with because it is obviously true. I agree with it too! Who wouldn't agree with it? The problem is, that advice came packaged with another piece of advice which was much worse.
I would suggest that while there might be employers who'd take a risk with someone who had a dishonesty offence from their youth, that same pool would very quickly dry up when in became apparent such a person kept behaving dishonestly, in employment situations, no less, years later.
You seem to be working under the delusion that the worst thing that can happen if you lie to your employer is that you might lose your job. No.
For reasons of self-interest, most employers are not going to fuck with their exes' reputations after parting ways.

There are exceptions-- sometimes you have to hire legal professionals and very occasionally one might have to hire illegal professionals to make someone do the right thing-- but those are way outside of the norm.

If he does good work and still gets fired, it's probably by a boss who had little choice in the decision and doesn't want to fuck him over, not someone who's going to be vengeful and make a bigger mess than what already exists.

You seem very certain about this. I don't know if I'm as certain as you are about this issue, but my thoughts about this issue have opposite valence.
Unfortunately, we're talking about situations of depravity over which there are practical and ethical reasons why data collection is not possible. One falls into them very rarely, and hopefully never.

I've never done most of this extremely chaotic shit that I endorse, but I think it's important to have the ethical conversations to shine some light on to things that actually go on.

Societies like to see themselves as existential struggles between lawful good and chaotic evil, but neither of those are major players. (Lawful good is too restrained; chaotic evil is too maladjusted to have a chance unless the world's already fucked.) The real battle is between chaotic good and lawful evil. So excuse my chaos. :)

Then add to the problems I have with the very bad advice you're giving on this thread that this is a game or an intellectual exercise for you, and a lasting painful career-threatening injury to anyone who takes that advice.

Don't deliberately lie to employers who ask about your criminal record. The only ones who won't go absolutely apeshit on you when they find out are the ones who would hire you anyways if you just told them in the first place.

Like you, I have a lot of sympathy for people stuck with criminal convictions. We agree there. We'd both like to find advice to help people get excellent jobs despite stupid criminal convictions. My problem with your advice isn't with its intentions, but rather that I'm pretty sure it's dumb.

Don't deliberately lie to employers who ask about your criminal record. The only ones who won't go absolutely apeshit on you when they find out are the ones who would hire you anyways if you just told them in the first place.

What does "go absolutely apeshit" mean? I contend that there's risk of termination, likely without severance. Anything more would expose the individual in a way that most people would avoid.

Also, "employer" isn't a monolithic concept. The players all have different motivations. Maybe HR dings everyone with a conviction. He hides it, gets through the HR wall. His boss likes him. He gets in, does great work for 9 months. Then HR finds out. His boss has to fire him. His boss isn't mad at him (maybe at the situation, but not at him). In that very plausible scenario, yes he's fired, but he gets a decent reference.

If it's between the risk of getting fired later and not being able to get a job at all, then you take the former.

I proposed "odds and evens" because I don't think either of us know which is the better strategy (lie vs. disclose) and I think mixing is the way to go.

If I could interject 2 brief points:

In some industries, your advice isn't practical. Tptacek's home base being Chicago probably brings commodities trading firms to the fore of his mind.

Otherwise, your ideas benefit the individual with an almost adversarial approach to companies. Tptacek looks at things from the position of that adversary. Your advice stands to surprise the established order... Instead of relying on the mercy of an all-powerful business benefactor, someone who followed you would continue operating under their own power, through their own exploit.

So it's possible you guys might agree in certain cases but it seems unlikely you'll come to public agreement on the hypotheticals here.

Also, I like your blog.

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Right, I presume tptacek to be older and also see him as more in line with lawful good. I'm closer to chaotic good.

It's generational, I think. My parents grew up in a time when it was unthinkable to do some of the things I've advocated (e.g. concealing a felony record, using harsh tactics to improve a reference) but, in their time, it was much more the norm for employers to be decent. You wouldn't get fired because your new boss (hired 2 days ago) wanted his high school friend in your position. That happens all the time now. My parents' generation grew up before the corporate social contract fell to pieces. It vanished for them before most of them could get to the top of anything, but they still want to believe in it and have a hatred for the rule-breakers at the top who killed it.

Millennial rule-breakers are different. We never believed anyone took the rules seriously, and we break them from the bottom.

I was born in 1983 (after the apocalypse had begun) and the differences in assumptions are huge. I never grew up thinking anything positive about corporations in general. Specific companies, sure. Microsoft seemed OK, Google was neat for some time. But it was clear even in the mid-90s that most of them had turned brazenly evil and weren't coming back.

As a generation, we are ethical, but we have more fluency with rules than older generations. None of us would think twice about bumping a performance-based bonus to the top bucket (e.g. in finance where that's important for future jobs). That's just something you do. It's none of their business and the lie is what they get for asking. On the flip side, there are a lot of things that most of us find disgusting and truly unethical (war, pollution, oppression of overseas workers) that Baby Boomer CEOs don't seem to oppose.

Frankly, in a world with the Koch Brothers and Xe/Blackwater and private health insurance, I don't give the square root of a fuck if someone decides to lie on his resume. I don't lie, but that's because I have a good resume and don't want to gamble credibility, but other people who do it are a rounding error, compared to the real shit going down.

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> What does "go absolutely apeshit" mean?

1. Criminal complaint that results in arrest. Youthful folly can be forgiven, but being caught in a calculated adult deception is pretty much nonrecoverable.

2. Audits of everything he touched, with a view towards uncovering a repeat of his earlier deceptions. Even if he is innocent, there is a good chance that the security consultants and forensic accountants will find something interesting. Something that the detective investigating the case will not understand.

Criminal complaint that results in arrest.

Lying in a job search, while usually unethical, is not always illegal. Most of the lies people tell to make themselves look more impressive or to conceal blemishes are not in violation of law.

Job fraud is pretty tightly defined. If you cannot perform the job (or have no intent to do so) and know it beforehand, you're committing job fraud. It's illegal (it's fraud) and you can go to jail for it. The same is true if you feign qualifications to get a job you cannot legally perform (e.g. quack doctors). Also highly illegal.

However, if your deception makes you a more attractive candidate for a job you can perform, then it's not job fraud. It might be unethical, but it's not jailable.

In fact, job search lies are only cause for termination if the employer can establish (sometimes requiring cavity searches of personnel decisions) that the person would not have been hired were the truth known. If the company only hires 3.5+ GPAs as a matter of HR policy and he turned a 2.8 into 3.7, that's "for cause" (even if he was a great employee) because there is an internally published and consistent policy and he didn't fit. However, if the person concealed a 5-month gap in employment history, that might have been a factor but the onus is on employer to establish that it constitutes "cause".

However, with this particular case (concealed felony conviction) the employer will have almost no controversy on that one when it comes to firing for cause. I don't think anyone doubts that. If he gets found out and fired, he can't expect severance.

Audits of everything he touched, with a view towards uncovering a repeat of his earlier deceptions.

Yeah, he's got to be whiter than white, ethically speaking, from here on out, except when there is strategic necessity. Avoiding long-term unemployment constitutes "strategic necessity". Once you're in check, the way he is, you really have to limit your lies and make them count. Picking your battles becomes key.

Criminal prosecution for fraud? Does that really happen with any regularity? I think by far the most common consequence of being caught lying about a felony is firing with cause.
I'm not a lawyer but I think a fraud prosecution is very unlikely. However, there are a bunch of torts involved.

The real consequence I'm referring to here though is a firing for cause. Real for-cause firings are rare in our business, so I think we tend to forget that they are a big deal.

The major consequence of "termination for cause" is that you don't get severance, and the company will probably fight unemployment claims.

I grant you that if he gets fired over this, he shouldn't expect a package. His life is already in a state of fucked-up-ness that is beyond worrying about that he might get fired without severance. He needs to get a job, first and foremost. Severance is almost a Maserati problem, where he is.

Right now, severance is nice to have but not a huge deal. Fifteen years from now when he's getting large (~1 year) contractual severances due to being in highly strategic roles-- he can be cut for reasons that aren't his fault, and job searches take years at his level-- he will want to start coming clean about the felony. By that time, he'll have a track record and can come clean because no one will care about a 15-20+ year old felony conviction.

You are providing what I believe to be --- pragmatically --- terrible advice in this thread. It is not impossible to find employment in tech with a felony conviction; in fact, by all outward appearances, the opposite is true; people with CFAA convictions are employed at a rate higher than that of the overall population; they are, as a general rule, employed.

What you're saying is that you think the job market is so inhospitable to people with criminal convictions that they should endanger their career to weasel their way into jobs. We could debate how unwise that advice was if you were right about the employment market. But you're wrong about the employment market, which makes the risk/reward on what you're suggesting so far out of whack that your suggestion isn't worth entertaining.

I don't have strong opinions about what you do with a prospective employer who at no point asks you about your criminal record. But if you're asked about it, you're crazy if you lie.

Again, let me (tediously) repeat that I don't know you personally; you happen to spend a decent number of words on HN articulating ideas that I find worth disputing, but on the street I wouldn't know you from Adam and I have no issue with you personally.

It is not impossible to find employment in tech with a felony conviction; in fact, by all outward appearances, the opposite is true; people with CFAA convictions are employed at a rate higher than that of the overall population; they are, as a general rule, employed.

This may be. That's why I suggested the "odds and evens" (full disclosure with half, full omission with half) strategy. Not only is it hedged but it will also give him data-- which we don't have.

It's obviously better if he can disclose and still get a job. Then he has nothing to worry about.

To be honest, I feel like we're both suburban kids arguing about inner-city gang life. :) We both think we're tough, and we both are tougher than most people in our neighborhood, but we haven't actually been in the slums. We don't have the data. I guess that's a good thing, given the nature of what we're arguing about.

I'm glad that you're arguing the other side of this, though, because we're talking about Serious Shit and OP needs to hear all sides.

> It is not impossible to find employment in tech with a felony conviction

Perhaps not in the Valley, but I don't believe the OP provided his location.

I'm not in the Valley and I speak from experience when I say that it is extremely difficult to find employment in any industry w/ a felony conviction.

Due to the nature of the information we sometimes have access to, it is (in many cases) more difficult to find a job in the tech industry.

I'm in Chicago (well, no, I'm in Los Gatos at the moment, but my experiences are drawn from Chicago).
In some high profile cases, people haven't even lost their jobs (e.g. http://readwrite.com/2012/05/03/10-executives-who-lied-on-th...) and the damage was limited to their reputation and bonuses. I'm surprised there weren't more shareholder lawsuits or similar in the case of CEOs. Obviously if your employer is a government lying can result in jail time but other than that it seems the worst that happens is you get fired or lose your bonus. What else have you seen?
I can't believe that Warren Cook didn't make the list. His story is far more outlandish than any of these. He was one of the highest paid employees at the company my father worked at, the Jackson Laboratory in Bar Harbor, ME.

He claimed to have a Master's degree from a prestigious university, that he was awarded the Navy Cross(1 step below the Medal of Honor) and that he played for the 1968 U.S. Olympic hockey team. No one fact checked a single qualification that he listed on his resume, they just hired him.

The sad part is, after they discovered that he was a fraud, they still wanted him to stick around. From what I hear, he did a pretty good job.

http://archive.bangordailynews.com/2003/09/30/jackson-lab-of...

If you deliberately conceal a criminal conviction from an employer who asks, that employer is more than "not referenceable"; they're a company who has fired you for cause. Among other things, they are now another thing you'll have to either disclose or try to conceal from future employers, many of whom will ask whether/from-where you've been fired for cause.

In extreme cases, making fraudulent bogus disclosures to employers can be actionable, if for instance your criminal status comes up on a background check for your employer's clients or business partners and damages the relationship.

Deliberately lying about this issue seems like an extremely dumb strategy.

I'll agree that it's dumb but, unfortunately, it is sometimes necessary if one wants to eat.
But (and correct this ignorant european), but doesn't at will employment in the USA mean that they could be fired st any point for any or no reason anyway? And that's if they were never convicted of anything, right?
At-will employment is very complicated. http://michaelochurch.wordpress.com/2012/12/21/what-is-at-wi...

What you say is essentially correct, but there's enough gray area that companies would not want to fire someone carelessly. Even winning a termination suit is losing, for PR reasons. So most professional jobs give enough severance to move on to your next job, unless it's "for cause", which usually means you did something horrible (but occasionally not).

Lying about a felony conviction is "for cause" and he'd get no severance if that was discovered and the reason (or discovered and made the reason after the fact). There is no dispute about that.

If a company will hire him in spite of the conviction, it's better to disclose. Most likely, he'll start disclosing it in 10+ years once he has a track record and no one cares. If no one will hire him, however, he might need an alternate strategy.

Yes absolutely. I know at least one highly regarded info sec consulting firm has a "reformed computer-hacker" (their words) on staff who will penetration test your systems for a handsome fee. ($30k per system last time I checked).

If this is your passion then I would encourage you to apply. Definitely use a cover letter along the lines of the pastebin.

This is the best answer I have ever seen to a question like this. It's articulate and carefully explains the steps leading up to an evidence based conclusion. I've rarely felt more that something is "Insightful".
Government jobs are, obviously, not going to be an option.
You do not have to rely on an application process when looking for a job. This isn't just advice for people who think they have a challenging story -- it goes for everyone. There are hundreds of stupid ways you get filtered out.

There are examples of far worse felons than the OP who are employed in CS. Find a way to tell the story honestly and in a way that shows that you learned from it. (1) Become a top performer in college by working hard (2) Make public works (3) Build a network

Do that and you won't need to run an application test.

Have you tried security related companies?
Kevin Mitnick seems to be doing well with http://mitnicksecurity.com. Granted his celebrity hacker status may contribute to that success, but it goes to show that a Felony conviction is by no means an impenetrable barrier to creating a consultancy or working for one.
Now, more than ever, you don't need to work for someone else (as an employee). If you have the skills, you can do very well as a freelancer/consultant. The pay can be good, the work can be interesting, and they won't run a background check on you.
I have tried this approach and it has failed me. The biggest problem with being independent is landing clients who are in need of the service.

I have also tried shotgun approach via private vulnerability disclosure. At best it typically results in nothing more than 'thanks' -- but most frequent is outright ignoring, angry response, bruised egos, threats with law enforcement, and general unpleasantry. -- so I've learned to avoid doing that.

Put a way to contact you on your HN profile. You are on the frontpage and will probably get a few leads. Don't waste the opportunity to score freelance clients out of your post...
Oh? The front page? Whoo hoo! (is that hard here? it's hard on reddit) I've gone ahead done that just-in-case. I am not really here looking for active leads (though I certainly wouldn't throw away an opportunity if it presented itself as a result of this posting), but some of these responses have been really uplifting.

I am really here pinging this community for people that have been in or have dealt with the circumstances of my disposition who would like to take a moment and give some pointers. So far the response has been better than I had anticipated.

Pretty hard yea, especially with an "Ask HN" post
Try going to some meetups in a big city. There's a lot of work out there and if you mention you're looking for a gig, and you seem knowledgeable, people will probably refer work to you.
Social anxiety. Embarrassed by the stigma and reputation, don't really want to bump into or be noticed by any LE who may be present. Frustrations like that tend to work against me when considering doing this.

I'm slowly -very slowly and cautiously- approaching the local infosec community. For me to do that it has to be piecemeal.

Well, you don't have to lie on your resume or on your interview but have you considered just not mentioning it? Unless you're applying for certain types of jobs they're not going to do a background check on you, and you're unlikely to be under any obligation to disclose that you were convicted of computer fraud if you're applying for a computer related job.

Also, think about taking jobs in countries that aren't the U.S.. It might be nice to have a fresh start somewhere else, but I don't know what sort of visa troubles you'd have with your record.

The US generally won't issue passports to convicted felons. (That's the Google consensus, anyway.)
this is not true. its discretionary but only in the case of drug traffickers is it strictly forbidden.
The U.S. Department of State (DOS) may deny your passport application or renewal for a number of reasons, including if you:

    Are in default on a repatriation or medical assistance loan
    Are behind on child support payments
    Are subject of certain court orders or a foreign extradition request
    Were committed to a mental institution, or legally declared incompetent by a court
    Were subject to a previous denial or revocation
    Were issued a temporary passport for specific reasons
More detail [1][2]. Being denied the ability to leave your country, especially if you have been convicted of a crime, is a violation of your human rights. It is widely recognized, of course, that drug traffickers have no rights, and thus the US may freely discriminate.

[1] http://www.uscis.gov/ilink/docView/22CFR/HTML/22CFR/0-0-0-1/... [2] http://www.uscis.gov/ilink/docView/22CFR/HTML/22CFR/0-0-0-1/...

I wonder.. technically, not having a passport doesn't prevent you from leaving the country. You can get in a boat and take off. Leaving by plane is difficult, as well as legally entering another country.

Is it actually illegal to reenter the US as a citizen without a US passport? I would hope that as a US citizen you have a right to entry and visiting a US Consulate in another country would start the process regardless of whether you are a felon.

  | Is it actually illegal to reenter the US as
  | a citizen without a US passport?
I've talked to the border patrol over the phone about this before (with relation to re-entering with an expired passport). As an American citizen, you can't be denied re-entry into the country. Without proper documentation, you might get tied up at the border while proving you are an American citizen (though I'm not sure what lengths they would go to to figure out if you really are a US citizen without even an expired passport though).
Exiting the US on foot at the Mexican border involves no check of any kind of documentation-- you just walk through a couple turnstiles, and a Mexican Marine may search your bag if you look suspicious.

That, of course, makes it easy to be in Tiajuana without a passport. From what I heard when I lived in San Diego, if you bring a US drivers' license, and especially if you also bring a US birth certificate, the border agents may chew you out, but they will let you into the US.

Given this, I wonder what the rationale is for denying felon's passports? I mean, if it doesn't prevent you from leaving the country or entering the country, both of which are violations of international law.
I've got a passport, and have never run into any issues.
I believe your bigger issue is that some countries won't allow some convicted felons to enter - particularly Canada.
Yeah, it seems to me that if you consider it irrelevant to your qualifications for your job, you should just omit it from your resume. There's a formal "job application" form that you'll have to fill out where they ask you whether they have any past convictions, but that usually comes after your interviews and you've accepted an offer.

That might be a bit surprising, but here's how it works at every company I've interviewed at: you find a job posting, you send in your resume, they call you for a phone screen and if you pass, they'll call you in for a full day of interviews. If they then make an offer that you accept, you'll finally fill out the formal paperwork.

However, if you apply to a big company job through their own HR portal, you're probably going to have to fill out the job application form when you submit your resume.

I agree with simply just not mentioning it. I know background checks are more common in the US than in Sweden, but I doubt most small companies care enough to do them. So just apply for small companies and you should be fine.
Most job applications nowadays have a clause at the end where, by signing, you give them permission to perform a background check (with no way to know if they actually will). In addition, most also state something to the effect that omission == lying. Thus, if you "forget" to mention that you were convicted, it's the same as if lying -- which, of course, is grounds for immediate termination.
I've been at several startups and never undergone a background check, to my knowledge. I've never been asked any "Have you ever..?" questions. So this is less of an issue than you might think. I get the sense companies only start doing background checks when they grow large enough to become targets for litigation.
Or when you're applying at a place without having a good friend that works there who can vouch for you/friends with the CEO, etc.

Networking gets past almost any trouble, where trouble is defined as the sort of thing that shouldn't stop you from getting hired but does.

If you apply to any company small enough to not have a dedicated HR department, I think there's a very good chance that it literally never comes up. Arrest record certainly isn't part of my standard interview questions. (And, in my biased opinion, working at smaller companies is a lot more fun anyway--especially for someone early in their career)
To the OP, it would seem reasonable to inquire with an attorney about petitioning to have the conviction set aside. I am not a lawyer, but it seems that a restoration of rights via means of an expungement or even a Presidential pardon would be avenues likely open for you.
Thanks rietta. Unfortunately presidential pardons are difficult to get without help from a political connection.

Based on the data (http://www.justice.gov/pardon/statistics.htm) in addition to the cumulative experience of those who have turned their lives around for decades and still been denied, I made a decision to try that later when I have a better history to present in my petition.

As you can see, the odds are scary. My chances of getting one without a friend in government (or part of a lobbying body) are really slim.

I've found that most smaller companies do not do any sort of background check on their potential employees.
* Freelancing & consulting could be beneficial in your situation.

* Applying to smaller companies without HR departments could also work in your favor. They probably won't have any kind of background checks or standardized lists of questions they ask everybody. Don't lie, but you don't have to volunteer info either.

Agree on freelancing and consulting. OP, you've got a (fairly) unique qualification you can trade on -- not many folks have been through what you have. That's got to be a valuable asset. I'd encourage you to go out there and wave it around rather than hope it doesn't get discovered.
Perhaps you should consider applying for positions where the skills that got you in trouble would be an asset, i.e. penetration testing, security research/consulting
I found that this field has changed significantly in the past 15 years. I got my first job through getting caught hacking in high school. But today, there are so many more applicants who are qualified, and they are coming right out of college, that the pool is large enough where the government can enforce restrictions.
This is going to sound a little cliche, but try not to get discouraged by the rejections. After graduating from college I applied to over 100 companies and ended up getting a measly 4 interviews, but one of them did get me a job offer. It doesn't matter if all of the others reject you, it just takes one offer to get you a job.
Robert Morris had a similar background (Computer Fraud) and he still got to be YC co-founder.

So I just say that you go on and be happy and successful.

> founder

is the key word here

> So I just say that you go on and be happy and successful.

that is worthless advice

What's wrong with being founder?
Nothing, that was my point. For OP it would make a lot of sense to found a company / consult / etc instead of working _for_ a company, to get around his felony.

The part with "worthless advice" was about the whole "oh, also be successful and happy" thing.

"be successful and happy" is a useful advice because there is an option of "struggle really hard but you will make it".

But it's not, IT/programming has no downsides, just dive into it and it's awesome.

While some larger corporations might not let you through the HR filter, that doesn't need to be the end of the story.

For myself as an entrepreneur looking for great developers, I don't give a whit about some dalliances from your youth. In fact, if the exploit was great enough, it might even be a selling point for your creativity and technical skill.

Be up front about who you are, and look for startups that will appreciate your talent and skill, and might even enjoy hearing some of the stories you've undoubtedly amassed.

Don't go for a job where you have to hide (or worse, lie about) your past. You'll be looking over your shoulder and stressed out, when you should be enjoying your work and finding fulfillment.

    While some larger corporations might not let you through the HR filter
I've worked for quite a few large corporations i.e Fortune 50 and not a single one has done a police record check. Unless you are applying for Boeing, Lockheed Martin, NSA or something similar it frankly is none of their business.
Anything in the financial sector will get you fingerprinted and at least a cursory FBI records check.
Quite true. I worked for large digital agencies for much of my career until now, and while we may or may not do our own background checks (I don't know since I was not in HR), I've had a number of clients in the financial sector over the years. If I had been unable to pass a background check with a client, it would have been detrimental to my position at the agency, to say the least.
Unfortunately true. I've encountered that problem where I am now and have had to sign so many agreements with legal dept heads from other agencies that I've lost count. My employer (work in NPO sector) has really assumed some really huge risks by having my on board. The approach for me being exposed to certain at-risk data (at my work there are ssn from clients, login credentials to affiliated networks ran by my state) is routinely addressed by sign NDA as a group of lawyers threaten to destroy me if anything should go awry.

The director of the agency where I work has been tremendously instrumental in arguing and supporting me in these instances.

"it frankly is none of their business."

Ignoring the merits of this statement, they certainly think it is their business. Even running credit checks on job seekers is common practice now. If you worked in white-collar positions at multiple Fortune 50 companies and never had a background check done, that's definitely not typical.

This is not really true. This tells me you have not worked in or gone through the hiring process in at least the last decade for mid-level management or below?

A criminal background check has become routine and commonplace. An industry survey I saw was something like 93% of all respondents said they executed criminal checks [0].

Alot of HR people are even pulling credit reports. This requires your permission per the Fair Credit Reporting Act, of course. A criminal background check does not although it is "courteous" to provide a consent form. The legality requiring consent probably varies by state but by providing a name, address, and SSN you have probably already given implicit consent. Criminal justice records are a matter of public record. Opening sealed records, (such as divorce proceedings, convictions as a minor, etc) is something else entirely.

In some states workers have the right to request a copy of the information and the company that provided it if it is used as the basis for denial for hire or promotion. If the company uses inhouse staff to do the background check there is no such obligation; kind of a loophole if you ask me.

In the past year some clients have even asked for a drug test.

I don't mind criminal record checks. Credit reports I draw the line because it has a negative impact on my life and unless I have some fiduciary duty it is simply irrelevant. However, if I'm bankrupt, in dire financial straits, etc I could see having some hesitation in letting me run the books. Still, I quite simply will not tolerate health checks and I suggest no one reading this does either.

[0] http://www.shrm.org/research/surveyfindings/articles/pages/b...

I don't think this is true. The gist of your comment is valuable, in that lots of places don't background check, but checks are in fact pretty common. We see a good cross section of the industry (we're consultants) and I wouldn't be surprised if as many as half did checks.
Any other career choice you will probably be worse off. At least in the CS world you might be able to spin it as a positive if you specialize in security. Freelance work is also an option. Assuming you are trying to get a degree to be more employable, the places that require a degree are also likely to avoid hiring you. The degree does show some measure of reform so places that hire on merit will probably like that you have a degree.

Background checks are really cheap. I've worked at really small companies that outsource most of HR and payroll to a larger company. Those places always do the background checks, don't think that smaller places won't do a background check. If you lie and they ever find out that's an instant firing.

Just my opinion but I don't think this would be a deal breaker at many startups and might even be a little badass.
Indeed; smaller companies are willing to overlook stuff like this if they think you're good. You'll find a lot less nonsense on small teams.
Nobody cares at a job worth doing. Don't apply for IT departments, apply for mid to late stage startups in the bay area or other intense tech areas.

I don't know anyone who would be worried about giving you the root password to hundreds of machines because you broke more exciting rules when you were younger than we did.

Stop telling yourself that you can't have what you want, and get it!

I live on the east coast. Most of the startups around here are all looking for "interns" they do not have to pay.

I have actually been encouraged by people to move to that area (and some areas in Texas) but at this point in my life it seems like a really big change to make. When I finish school I would like to explore that option. It is something I have been seriously considering.

I'm east coast, have extra work (not security unfort), and won't run a background check on you. Are you trying to stick with security? Or does any development work suit you?
Depends on language and the type of work. Shoot me an email?
Really? You are worried about having to switch majors because you might not be employable and yet you want to be picky? If it is a language you don't know then tell them you'll freakin learn it just for the job!
The great thing about this industry is that you can build things on your own. It's tough if you are already having to put in 40+ hours a week just to get by; but if you have real skills you should be able to turn them into something profitable.

Perhaps doing penn-testing if you're still into it, or building an income generating product. It's probably also possible to get hired by a startup or through a personal connection.. but my general recommendation would be to create value directly.. since customers aren't going to even know who you are in most cases if you are selling them SaaS

You have a fabulous username.

Penn-testing today is growing into something it wasn't when I was having fun. The community consists of mixed talent and a trend is growing as more ease-of-use [e.g: nessus, metasploit] tools become available to infosec "pros". That emergent trend (SaaS?) disgusts and repels me because it eliminates one of the more captivating and rewarding elements of vulnerability hunting (the delicious, delicious, research experience). Reverse engineers, devs who are able create on-the-fly solutions, and vx community notwithstanding.

Also, as said in a previous post: my experiences with independent private disclosure is most often a futile waste of time - 'thanks' || ignored || threatened with LE.

WRT building an income generating product: I don't have many unique ideas or any marketing experience. I'm currently working with a friend exploring android os internals and platform development. We're going to throw our project into that market and see how it pans out.

I generally only create things I need to try out an idea or get something done. This project strays away from that principle so it will be interesting to see whether or not the venture is fruitful.

Your best bet is to leverage your social circles to get an entry point to your first job. Once you have that, then the conversation shifts as people will see that job as vouching for your progress.

"the pursuit of this degree is a waste of time"

At this stage of the game, what you need is someone to lend you personal credibility, and a degree won't do that for you.

If you do see this, shoot me an email (included in my user page)

Hi,

I've had a felony for over 8 years now, and have been working as a developer almost the entire time. I've only been asked to disclose that information once, and I did. While the company had questions, they didn't seem to care very much (note: I don't recommend telling anyone. If you're a great employee and a mistake from your youth discounts you from a job, it's a lose-lose. But I did tell, so... ).

College? They cared. I would have had to sit through review boards and go through a lot of extra hoops. So I never went. That's right, I'm a felon with no college degree.

Life is harder. Your paper trail isn't worth anything, so you have to create your public image (link to the SO podcast about blogging?). Let your accomplishments speak for themselves. Be a part of the community. Give back to the community. Get to know people through helping others. Get jobs through recommendations. You may not be able to work at BigCo, I don't think I can. But so many companies are small, I've found it doesn't matter.

You won't ever have to lie on a resume if you build yourself up in the right way.

* And please email me, seriously, if _anyone_ has questions. So many mundane things are a felony, and people need to understand that it isn't a life ending label before they jump to permanent solutions. My probation officer told me, paraphrased "You'll be surprised who else has a felony. They will probably be inclined to give you a chance. So make sure you have a job next visit.".

"* And please email me, seriously, if _anyone_ has questions."

You should provide your email address.

Attention to detail has never been my strong suite ;)

felonyquestions@hush.ai

Sign up anonymously, I'm certianly hiding behind this account as well.

I can "ditto" most of that. I've had a federal felony conviction for computer fraud (against an ex-employer) for over 10 years now and have been employed for most of that time. I was terminated as soon as my case hit the news media, but I was able to find contract work with friends before my sentencing. I was able to pay my restitution in full, which really sucked financially, but was a great feeling and something I'm still proud to tell people. Not long after my probation ended, they offered to hire me full-time at a significant raise. They never did a background check.

Since then I survived two corporate acquisitions, multiple new bosses, new CEOs, etc. Every time I sweated it out waiting to see if my background would come up. I actually heard about conversations with two incoming CEOs about me and both basically responded "he's paid his debts" or something similar. They didn't really care as long as I was trouble-free since then and had been working hard.

I finally got laid off with quite a few others after almost 10 years there. I have a few different friends that know my background that would love to hire me for their growing startups, but instead I finally started my own mobile app company and have grown it to almost paying all of our bills. In the app store, nobody even needs to knows your name.

You can look at some of my post history here for advice, but in general, you need to expand your circle of friends as much as possible and let them know you are looking for work. Volunteer at things and go to meetups and developer user groups. There will always be people and companies that will refuse to hire you, but there are a decent percentage that will hire you. You just need to increase the number of people you know and the number of potential job openings.

I should also add that I've had almost no issues volunteering for many different organizations that require background checks. I just disclose my background and write an explanation. It sucks every time, but I've never been turned down. I've coached sports at the YMCA, led scouts, taught Sunday school for kids, etc. Every one of those has built my personal character references as well.

I also made a point of being very active online with my real name. Now when someone Googles me, they have to dig through many pages of material to find any press coverage of my conviction.

Just hang it there and keep chipping away at it. I used to think about my conviction every single day. Now I can go a week or more without even remembering it.

:) These are the types of posts I was hoping for when I created this thread. Thank you so much for taking the time to write this -both of you. It's just been really shitty to think about lately as far as my future is concerned. I am at a point where I'm beginning to question whether or not the choices I am making now are worth the investment of time (or not) before it's too late to change course. your experiences give me a modicum of hope which serves to reinforce my initial belief that everything I have been doing isn't a complete waste of time.

There's a paucity of information about these circumstances (compu fraud + compu pro) available online and most of the information available is presented from accounts of felons who are not in the same boat as I am.

Really my favorite posts here. Thanks again.

I feel your case and I can't imagine how hard it is. Though being a developer gives you more opportunities and freedom than you think you have. All you have to do is to be amazing at what you do. You made the mistake once, you paid you dues, so life goes on. I agree with the parent post -- you should build a great online presence to bury the past, to prove that you are a new person.

I once worked with a friend I made online. He's a great designer. I refered him to another good friend for some work, and this other friend found out the designer had been on the news for a felony a few years back ( long story short, he pretty much used his design/photoshop skills and got into trouble with the laws). His case got cleared afterward, but searching for his name on Google still returns the articles from the past.

My other friend didn't work with the guy because of this, but in the end, my designer friend is still happy because he got his life in order. He's a great guy and he didn't let his past impact him too much. He even helped me when I needed some money to survive, he was there to send me some work for the badly needed few hundred bucks.

Good luck. Life is too short to worry too much about the past. Learn new skills, make new friends, become an awesome developer to create more values for society. Look at rappers like JayZ or 50Cents for inspirations. They were put in jails, shots multiple times, and yet they are hugely successful entrepreneurs now.

If you're good, people can't ignore you for long. Email me your resume, I always look for good developers to connect.

It will be hard at times. That's just the way things are. But there are definitely ways to make things work. I think the odds of getting a decent job with strangers are pretty low, but the more time passes, the easier it is for them to consider it a "youthful indiscretion". I've tried really hard to just suck it up and explain everything as how I made a mistake but took full responsibility and did everything I could to make it right.

I've mentioned on other threads that every single time I bring up my background, people have stories about other people they know or coworkers with criminal records. I have two friends with vehicular manslaughter convictions (one a DUI) and both hold decent jobs in the IT field. It hasn't been easy for them either, but they've fought their way back into the field with help from friends.

Why not consider forming a startup rather than finding a job?
Freelance.

Been freelancing for close to 13 years and no one has done a background check on me ever. I'm not an ex-con, but if I was one I doubt any of my clients would ever know or care.

One thing you said is "I don't actively engage in or create any new projects outside of classwork and giving advice to other developers. I am kind-of stagnant and it is depressing."

Change that. Write some new and useful things, publish the code on GitHub, and run them on one of the free/cheap hosting services.

That's part of your problem: No recent achievements. Create some!

This is one of my favorite responses. Thanks.
I've worked for several startups in the Bay Area, and only one did anything resembling a background check. Although they wouldn't have found anything, I think something bad in my past I'm long removed from wouldn't have been a barrier. Most small company and startup jobs are founded on relationships rather than forms and policies, which is the way it should be.

If your personality, character, ambition, shared vision, portfolio or code samples, work history, or profile in the developer / startup community is well-known, I think your conviction not only wouldn't be insurmountable, I don't even think it would be a blip on the radar. If it ever was, it might even make you cool with the right founders/team.

That said, when the company you're working for gets big, you will have already likely signed something giving them blanket permission to look into you, and during an investor or acquirer's due diligence, I guess it's possible it could come up... which would suck if it's right before an equity cliff or something.

Another idea: I've also done 1099 contract work for big health insurance companies as a contract developer. Salaried employees had multiple background and credit checks because they were working with HIPAA Protected Health Information... so was I, but I not only made more money than the salaried employees, I didn't do an application, interview, background check, etc.

I think 95% of it is your attitude going in. In your head, you're probably thinking that felony convictions are the only thing on the potential employer's mind, so you're self-conscious about it. Find the right type of employer, concentrate on the relationship and the opportunity together, and it shouldn't be a concern at all. (IANAL, TINLA)

I'd look for jobs in academia, non-profits, or startups, where the conviction itself won't be as much of a bar. I'd personally go with startups -- for most roles at most startups it won't be an outright disqualification. Most startups are too stupid/lazy/rushed to do a background check anyway, but if you get caught later, it's worse than if you disclosed it up front, in many cases (haha MIT admissions director who lied on her resume...)

The worst would be low-skill jobs involving trust (e.g. bank teller); the easiest would be high skill jobs involving no trust (game developer or working on open source software). Sysadmin is in the middle. Security positions require more trust, but would also tend to be more forgiving of computer crimes background.

In the long run, for a federal crime, your best bet is a Presidential pardon (not as hard after you've served time, I think, with a long period of productive work experience since then); that's one thing that sucks about fed vs. state crime. If the law itself is challenged later, that could be a route too.

(IANAL.)

Consider looking for positions at computer security companies. It's an entirely respectable field with a... "training dilemma". Good pay, in need of developers, pragmatic about the background of people who end up in the field. A lot (most? all?) of security professionals start out at least on the grey side of hacking.