If my conviction has nothing to do with the job I am applying for, can I be denied the position?

UPDATED: Feb 4, 2014

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If my conviction has nothing to do with the job I am applying for, can I be denied the position?

I was convicted of felony hit and run involving injury 3 years ago. I has no jail time, probation or license suspension. My penalty was a fine under $2000. I applied for a job through a temp agency as an executive assistant. The temp agency ran a background check on me based on the requirements of the company I was applying for. I passed the background check and got a position with the company. I have been doing a stellar job and my supervisor wants to bring me on as a full time employee. As the process goes, I had to fill out hr paperwork and submit to another background check through the company itself. This time, I failed the background.

Asked on February 4, 2014 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can be denied the job. All employment is employment at will: as long as they do not discriminate based on a handful of prohibited categories (such as race, religion, age over 40, sex, disability), employers may freely decide who to hire--and who to not hire--and may base those decisions on seemingly unrelated convictions.

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