What to do if I was fired due to a juvenile record from when I was 15 but it was sealed and expunged yet the arrest still showed on the background check?

I was hired by a company with the passing of a background check. No charges were filed, no conviction, no sentencing was ever done. It was thrown out by the judge. Is it legal for them to fire me?

Asked on August 12, 2015 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is legal for them to fire you for this reason, if they somehow became aware of it, because unless you had a written employment contract which limited or restricted the reasons your employment could be terminated, you were an "employee at will." Unfortunately, an employee at will may--as the term implies--be fired at any time, for any reason whatsoever; i.e. at the "will" of the employer. Employees at will have essentially no protectible rights in or to their jobs, and may be terminated whenever and why-ever their employer wishes to terminate them.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.