Can I be hired at a daycare if I have a child neglect charge on my record if there was no legal conviction?

Almost 4 years ago, my husband and I were investigated for child neglect for heating with space heaters and having a trashed house. Our son was not taken from us but he did have to stay with a friend until we got it fixed. Now back in another state, we have another neglect situation pending for a messy house due to honestly both adults being slobs and me being very depressed after getting fired. I just got a call today from my kids’ prior daycare offering me a job out of the blue and I’d like to take it because it would be perfect. However, I don’t know how the reports will come back. Will it show up on the background checks? If so, are they legally able to hire me since it is not something that could be repeated at the daycare? I have already told the owner and she still wants to run the checks.

Asked on September 21, 2012 under Criminal Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as there is no criminal conviction with respect to you concerning child neglect then there should not be a problem with you getting hired for the position you have applied for. Many times people are charged with a crime but never convicted. Ultimately the possible employer will have to make the decision if the charge against you that never resulted in a conviction will prevent you from being offered a position.


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