During an job interview, doI have to disclose a pending charge when asked about my criminal background?

UPDATED: Oct 11, 2010

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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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 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:

  1. The arrest is recent;
  2. It is likely the applicant committed the crime; and
  3. 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).

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.

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