Facing criminal charges is undoubtedly a stressful experience. But what happens when you need to find employment while navigating the legal system? The reality is, securing a job with pending charges can feel like an uphill battle, leaving many feeling hopeless. However, it doesn't have to be a barrier to your livelihood. While it requires careful planning and honest communication, finding suitable employment is achievable.
This matter is crucial because financial stability is often essential for a strong defense and a positive future. Holding a job demonstrates responsibility and can even positively influence the perception of your character. Furthermore, the ability to support yourself reduces reliance on public assistance and allows you to contribute to your community. Overcoming the stigma associated with pending charges and presenting yourself as a viable candidate is possible with the right strategies.
What are your rights, and how can you proactively address employer concerns?
Do I need to disclose pending charges on job applications?
Generally, you are not legally obligated to disclose pending charges on a job application unless the application specifically asks about them. However, it’s a complex issue with potentially serious consequences, so it's crucial to understand the risks and benefits of disclosure versus non-disclosure and tailor your approach to the specific job and company.
Many applications ask about convictions but are silent on pending charges. A pending charge is just that – pending. You are presumed innocent until proven guilty. Disclosing a pending charge could lead to premature judgment and rejection, even if you are ultimately exonerated. Weigh this risk against the potential consequences of the employer discovering the charge independently, perhaps through a background check. This discovery *after* hiring could be seen as dishonesty, leading to termination, regardless of the outcome of the legal proceedings. How you navigate this situation depends heavily on the nature of the charges, the type of job, and the employer. For positions involving high security, working with vulnerable populations, or those subject to rigorous background checks (e.g., law enforcement, finance), transparency might be the less risky approach. In these cases, being upfront and demonstrating accountability can sometimes mitigate concerns. If the charges are minor and unrelated to the job duties, and the application doesn't explicitly ask, you might choose not to disclose. However, prepare a brief, honest explanation in case the issue arises later. Consulting with an attorney is strongly recommended to understand your rights and obligations in your specific jurisdiction.Will background checks reveal pending charges?
Generally, yes, background checks can reveal pending criminal charges. While a pending charge is not a conviction, many background check providers report them, especially if the employer is using a more comprehensive background check service. The extent to which they are reported, and how they are interpreted by the employer, can vary depending on the specific background check company, the laws in the relevant jurisdiction, and the nature of the job.
Background checks delve into various records, including criminal databases. These databases often include information on arrests and pending charges alongside convictions. A potential employer will typically see the charge, the date of the incident, and the jurisdiction where it occurred. Whether the employer considers this information disqualifying will depend on several factors. The type of charge is critical; a minor infraction might be less concerning than a felony. The job itself is also important; a position of trust or security sensitivity will likely invite greater scrutiny. Some states and cities have "ban the box" laws that restrict employers from asking about criminal history until later in the hiring process, but these may not apply to all types of jobs or all stages of the hiring process. It's also worth noting the Fair Credit Reporting Act (FCRA) regulates background checks. If an employer intends to take adverse action (like not hiring you) based on information in a background check, they are required to provide you with a copy of the report and a summary of your rights under the FCRA. This gives you an opportunity to review the information, dispute any inaccuracies, and potentially explain the situation to the employer.Can I get a job offer rescinded due to pending charges?
Yes, a job offer can be rescinded due to pending criminal charges, especially if the charges are relevant to the job or demonstrate dishonesty or a lack of trustworthiness. Whether or not an offer is rescinded depends on several factors, including the nature of the charges, the company's policies, the jurisdiction's laws, and the specific responsibilities of the position offered.
The primary concern for employers is typically risk mitigation. Pending charges, even without a conviction, can raise concerns about potential legal liabilities, reputational damage, and the employee's ability to perform their job effectively. For example, a pending fraud charge could be highly problematic for a financial institution, while a minor traffic violation might be less concerning. Companies often conduct background checks after extending an offer but before the start date, and discovering pending charges at this stage can trigger a review and potential rescission. Honesty is crucial. If you are asked about prior legal issues, disclose the pending charges transparently and explain the situation to the best of your ability. Attempting to hide or downplay the situation can be more damaging than the charges themselves. Furthermore, different jurisdictions have varying laws regarding the consideration of criminal records in employment decisions. Some states and cities have "ban the box" laws, which restrict employers from asking about criminal history on initial job applications. However, these laws generally don't prevent employers from conducting background checks or rescinding offers based on pending charges discovered later in the hiring process, particularly if the charges are directly related to the job requirements. The best approach is to seek legal counsel for personalized guidance on your rights and obligations in your specific situation and location.How to get a job with pending charges?
Finding a job with pending criminal charges presents a unique challenge, but it's not insurmountable. The key lies in transparency, proactivity, and focusing on your qualifications and potential value to the employer.
First, carefully consider when and how to disclose the pending charges. It's generally advisable to be upfront about the situation, but timing is crucial. Wait until you have a solid rapport with the hiring manager and feel comfortable discussing the matter openly. Instead of focusing on the negative aspects of the charges, emphasize what you've learned from the experience, how you've taken responsibility, and any positive steps you've taken since the incident. Frame the situation as a learning opportunity and demonstrate your commitment to personal growth and rehabilitation. You might say something like, "While I have a pending charge for [offense], I want to assure you that I've taken full responsibility and am actively working to resolve the matter. I'm confident that it won't impact my ability to perform this job, and I'm eager to demonstrate my skills and dedication." Focus on highlighting your strengths and qualifications. Emphasize your relevant experience, skills, and accomplishments that align with the job requirements. Prepare compelling examples that showcase your abilities and demonstrate your value to the company. Network strategically and seek out employers who are known for their fair hiring practices and willingness to consider individuals with past mistakes. You might also consider volunteering or taking on temporary assignments to demonstrate your work ethic and build new skills. Finally, it's important to be patient and persistent. The job search process may take longer and require more effort, but with the right approach and mindset, you can find an employer who is willing to give you a chance.Should I get legal advice before applying for jobs?
Generally, it's a good idea to consult with a lawyer before applying for jobs if you have pending criminal charges. An attorney can advise you on your rights and obligations regarding disclosing this information to potential employers, navigate potential legal ramifications related to background checks, and help you develop a strategy that protects your interests while maximizing your chances of securing employment.
Having pending charges doesn't automatically disqualify you from all jobs, but transparency and how you handle the situation can significantly impact the outcome. A lawyer can review the nature of the charges, the potential legal consequences, and the specific requirements of the jobs you're interested in. They can help you understand whether you have a legal obligation to disclose the charges upfront or if you can wait until a background check reveals them. Premature or inaccurate disclosure could lead to automatic rejection, while attempting to conceal information that is later discovered can be even more damaging. Furthermore, an attorney can help you craft a clear and concise explanation of the situation to present to potential employers if disclosure is necessary or becomes unavoidable. This explanation should demonstrate responsibility, remorse (if applicable), and a commitment to resolving the charges. A lawyer can also advise on how to address any potential concerns employers might have about your ability to perform the job duties effectively while the charges are pending. Understanding the potential implications and developing a well-informed strategy beforehand can be invaluable in navigating this challenging situation.How does sealing or expunging records affect job searches?
Sealing or expunging criminal records significantly improves job search prospects by removing those records from public view. When a record is sealed, it is generally inaccessible to the public, including most employers. Expungement goes a step further and destroys the record as if it never existed (though there are exceptions). This means employers conducting background checks are unlikely to find evidence of the past charges or convictions, allowing you to present yourself as having a clean record, thus increasing your chances of securing employment.