If someone works for a college and got arrested for misdemeanor, should they tell the college that they got the arrested?

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If someone works for a college and got arrested for misdemeanor, should they tell the college that they got the arrested?

The charge is resisting arrest without violence. The person hasn’t went to court yet, but wants to know if they should tell because they don’t want to hide the information. They feel like if they do tell they might get fired because they work for the state.

Asked on July 27, 2011 Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no general law requiring the reporting of arrests, criminal convictions, etc. Certainly, there are certain types of criminal records which may have to be reported to certain types of employers--e.g. sexual crimes, in the case of jobs at schools or involving child contact; financial crimes for certain jobs in the security or banking industry; crimes involving moral turpitude for attorneys--but generally, no there is no requirement to report the information. If there is an employment agreement or other condition of employment (e.g. set out in an employee handbook) requiring that arrests be reported, that would be a different matter, since an employer could require the disclosure of this information.


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