In an employment background check, do major retail chain pharmacies look for arrests or only convictions?

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In an employment background check, do major retail chain pharmacies look for arrests or only convictions?

I recently had an interview at a retail pharmacy. I was asked why did I leave my previous position as a bank teller. I got fired and arrested for criminal activity almost a year ago. I’ve had another job since but I basically told the woman interviewing me that a bank job just wasn’t for me. I was arrested and charged, but no convictions or felonies; my case is still open. She has already offered me the position. She just wants to conduct the background check and drug testing before I start. Will this come back to hurt me? Will she find out about my arrest and charge even though there is no conviction?

Asked on December 23, 2010 under Employment Labor Law, New York

Answers:

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

Answered 10 years ago | Contributor

Yes, she will indeed find out about the arrest charge.  Arrests as well as convictions come up on background checks.  That is why when the matter is over with and you have the opportunity it is good that you have both the arrest and the conviction sealed (New York does not expunge records they only seal them) or the arrest record if the charges are dismissed or you are exonerated.  I think that you may be in trouble here.  The matter is still open and pending and so therefore it will show up as an arrest and open proceeding.  I fear that you may lose the job offer here.  You are going to need to come up with a really good explanation for all of this but I really think it may be too late given the fact that you were not forthcoming at the onset.   


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