Can an arrest record keep you from gettinga job even if there is no conviction?

UPDATED: May 20, 2011

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Can an arrest record keep you from gettinga job even if there is no conviction?

My mother’s boyfriend and I had an “altercation” – he got in my face, I pushed him back, and then he punched me in the face. I ended up calling the cops and he was arrested.  I am currently seeking employment and my background check hasn’t cleared yet. However just yesterdayI found out that I, as my mother’s boyfriend, have also been  charged with 2nd degree as well. Will this charge keep me from getting employed although I haven’t been convicted?

Asked on May 20, 2011 under Employment Labor Law, Maryland


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

Answered 11 years ago | Contributor

I think that you should seek help from a criminal attorney in your area as soon as you can.  It is unclear if you were arrested but you claim that you have been charged.  If you have been arrested and charged then yes, it will most likely show up on a background check so if your future employer is doing the check then I would be concerned.  What you can do is to run a background check on yourself. See if the matter comes up at all or how it comes up.  And remember, once the whole ordeal is over and hopefully the charges dismissed, you need to have your arrest record expunged or sealed or it will continue to haunt you the rest of your life.  Get help here.  Good luck to you.

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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