During an job interview, doI have to disclose a pending charge when asked about my criminal background?
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During an job interview, doI have to disclose a pending charge when asked about my criminal background?
The pending charge is drinking in public.
Asked on October 11, 2010 under Employment Labor Law, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Moststates have laws banning the use of an arrest history that did not lead to conviction in hiring decisions. However, some states allow the use of arrest records, but an employer may not automatically exclude individuals from employment based on their arrest record. When an arrest record is used, typically it is only appropriate for an employer to use such records when:
- The arrest is recent;
- It is likely the applicant committed the crime; and
- There is a relationship between the position and the reason for arrest (e.g., you were arrested for theft and applying for a cashier position)
Additionally, if you are found guilty you may be banned from certain types of employment. Without knowing more details of your situation it's hard to say. At this point, you should consult directly with an employment law attorneyin your area. Also, if you are convicted, ask them about whether or not you have the ability to get to the conviction "expunged" (ie cleared).
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