Can a potential employer reject me for finding out I’m a sex offender?

UPDATED: Sep 30, 2022

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Can a potential employer reject me for finding out I’m a sex offender?

I was convicted in 2 years ago of second degree felonies. I was sentenced to a 6 month rehabilitation program and 3 years probation. I’ve applied to many jobs but never made it past the background check. From factory jobs like a soldering tech to night stocking at Wal-Mart. What can I do to increase my chances?

Asked on June 13, 2017 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, an employer can reject you for being a sex offender: the law allows employers to refuse to hire someone due to a criminal background (or if they had already been hired, to terminate them).
It's not clear what you can do, unfortunately: generally, you cannot expunge sex offenses or second degree felonies from your record, so there is likely no way to remove this from your background (speak to an Ohio criminal defense attorney, however, to be sure--if there is *any* way to expunge, you will want to do this).

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 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.

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