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  • Writer's pictureJustin Sparks

How to Address Criminal Cases with Employers

Updated: Feb 11, 2022

What Should You Tell Your Current Employer About a Criminal Case?

What Should You Tell Your Current Employer About a Criminal Case?

A million thoughts and concerns flood your mind when you’ve been accused of a crime. One of the first may be concern for your job. What will happen if your arrest causes you to lose your source of income? The consequences of losing your job would have far reaching effects on not only you, but on your loved ones who depend on you. So what should you tell your employer about your charge? Or, are you required to tell your employer?

It Depends on Your Employer

This is one of the first questions our clients ask us. The answer we give usually depends on the specific employer, the type of job, and if there is an employment contract.

Let’s use an example of an arrest of someone who has a contract with their employer.  One of the first moves is to review the employment handbook and a copy of the employment contract. From these documents we will be able to determine if an arrest will automatically result in termination or suspension. Additionally, we will be able to tell if there is a requirement to disclose the arrest to your employer.

Many contracts contain a strict requirement to report ANY type of arrest to a supervisor and some require a report within 72 hours of the arrest. We want to review these documents with you and respond appropriately. Sometimes the terminology is critical and can make all the difference to an employer. For example, some employers do not understand the difference between an arrest and conviction.

A misunderstanding in these terms could cost you your job.

How to Address Your Criminal Record in an Interview

How to Address Your Criminal Record in an Interview

If you are speaking with a potential employer, it is important to be prepared and know how to explain everything.  If you are applying for a new job, you need to know how to confidently answer any questions regarding an arrest. Having an experienced attorney helping you to prepare can make the difference . We are here to help you.  Most importantly, reaching a result in your case that allows for a sealing or expunction of your record will give you the chance of avoiding this discussion in the future.

Consult an Attorney

Before you talk to an employer, consult with an attorney. Many employers require notification when their employees are arrested or charged with a crime, but some employers do not. Often times the type of charge, and the type of job are the key factors.

Talk to one of our experienced criminal defense attorneys today. We can help you navigate the difficult decision of what information to give your employer about your charge. There are no do-overs on this decision, so don’t wait. Our goal is for you to continue working, without any interruptions or penalties. Give us a call today to set up a consultation.


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