Can employers use arrests records without convictions against you?

I have 4 arrests on my record the oldest one from 5 years ago. In fact, 3 of them were dropped in court meaning I was not convicted at all. The 1 disorderly conduct I pled guilty to and recieved 6 months supervision. During this time I was caught driving without insurance. It was never brought up to me until I obtained a copy of my record; I didn’t realize it was during that period of time. How long will this be on my record and what can I do about it to get it sealed or expunged.

Asked on June 4, 2012 under Employment Labor Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, an employee can be terminated for any reason by his or her employer so long as the there is no discrimination based upon ethinicity, religion, gender, sexual orientation and the like.

As such, a prior arrest record without a conviction of an employee can be frowned upon by an employer and action as a result by an employer would be permissible based upon the arrest record alone.

Criminal convictions remain on one's record until sealed or expunged. Typically one should wait at least five years before trying to expunge one's criminal conviction.

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