Can employers use arrests records without convictions against you?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can employers use arrests records without convictions against you?

I have 4 arrests on my record the oldest one from 5 years ago. In fact, 3 of them were dropped in court meaning I was not convicted at all. The 1 disorderly conduct I pled guilty to and recieved 6 months supervision. During this time I was caught driving without insurance. It was never brought up to me until I obtained a copy of my record; I didn’t realize it was during that period of time. How long will this be on my record and what can I do about it to get it sealed or expunged.

Asked on June 4, 2012 under Employment Labor Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under the laws of all states in this country, an employee can be terminated for any reason by his or her employer so long as the there is no discrimination based upon ethinicity, religion, gender, sexual orientation and the like.

As such, a prior arrest record without a conviction of an employee can be frowned upon by an employer and action as a result by an employer would be permissible based upon the arrest record alone.

Criminal convictions remain on one's record until sealed or expunged. Typically one should wait at least five years before trying to expunge one's criminal conviction.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption