What are my rights if I was told that I was being let go of the job I started 2 weeks ago because my background check shows was I am a convicted felon?

I was charged 3 years ago with a felony and 2 misdemeanors. I did 3 months probation and after that the felony was nolle prosequi and the misdemeanors were adjudication withheld. So how can they do this?

Asked on November 7, 2013 under Employment Labor Law, Kentucky


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The best thing for you to do is to run a background check on yourself to see what really comes up.  If it is inaccurate then you have to clear it up.  But it is possible that because you did not have the records expunged or sealed - conviction and ultimate disposition - they will indeed show up as a conviction on a background check.  Go to your employer and come clean. Honesty can be the best policy.  You have nothing to lose. 

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