What are my rights if I have been turned down for positions that I am more than qualified for due to my criminal record?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I have been turned down for positions that I am more than qualified for due to my criminal record?
The only charge I have is a drug charge. The conviction took place 7 years ago. I did not have to serve any time in jail or on probation for this conviction. Why would these companies not hire me? How can I get this removed to benefit my life going forward? I am already a black male, so it’s hard enough dealing with that. I feel I am being unfairly judged and denied employment. I have no problem passing any drug test. Can anyone lead me in the right direction to get this isolated charge removed from my record?
Asked on August 28, 2015 under Employment Labor Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It is legal for an employer to not hire someone--or, if they have been hired, not promote them--due to a drug or other conviction there is, unfortunately, no legal anti-discrimination protection for those convicted of crimes, and employers may therefore legally discriminate against them.
However, it may be possible to "expunge"--or eliminate--your criminal record your state allows expungment of certain minor offenses, when there was no jail time. You should speak with an attorney right away about your situation and whether you are eligible for expungement if so, you should have the lawyer begin the process immediately. A criminal defense attorney would likely know the eligibility criteria and procedure.
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.