Will be arrest record make an impact on an upcoming hiring decision?

UPDATED: Sep 30, 2022

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Will be arrest record make an impact on an upcoming hiring decision?

I was arrested in June and charged with a class a misdemeanor. According the agreement I signed the case will not be going to trail but the charges will not be dropped for another year. I am not on probation so this is not a conviction. For the last month I have been working as a temp and received a conditional offer pending a background check.

Asked on October 20, 2016 under Employment Labor Law, New York


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The impact of the arrest record will depend on the hiring policies of the company that is seeking to hire you.  You can honestly answer that you have not been convicted and that you are not on probation for the offense.  It sounds like you are on a type of pre-trial diversion agreement.  Many employers will not penalize someone for a pending charge that is basically resolved.  However, other companies will hold it against you that you have a pending charge.  Legally, they can consider the arrest if it does show up on a background check.  Considering that your arrest just happened in June, there is a chance it may be so new that it will not show up on a background check. 

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