Do I Have to Tell My Employer About My Arrest?

Prospective employees who have arrests on their record are often unsure if they should divulge this information to an employer. What if it harms your chances of employment? The fact is that an estimated 65 million Americans have a criminal record and the majority of employers run a background check to dig around for any criminal activity in an applicant’s past. However, just because you have a criminal record does not mean you do not have any rights. In fact, federal and state laws enforce limits on how employers are to use an applicant’s records in regards to the hiring process.

Federal Protections for Prospective Employees with Criminal Records

According to the Equal Employment Opportunity Commission (EEOC), employers are required to adhere to certain rules when screening out applicants whose criminal record might pose an unreasonable risk without it being considered discrimination. Some of these guidelines include:

  • Employers must consider the nature and severity of the criminal offense
  • Employers must consider the length of time that has passed since the offense
  • Employers must consider the nature of the job and how much supervision the employee will have

Employers should also give applicants a chance to explain the circumstances of the offense in order to provide information that might support why they should not be excluded based on their criminal record.

New York Law Regarding the Use of Criminal Records

In regards to arrests, New York law specifically states that employers are not allowed to ask about or consider arrests or even charges that did not result in a conviction, unless they are still pending. If a case against you is not still pending and it did not result in a conviction, you are not obligated to explain your arrest to a prospective employer.

Experienced Criminal Defense Attorneys in Dutchess County

At the Law Office of Dennis R. Vetrano, Jr., LLC, our skilled team of criminal defense attorneys is here to provide the fierce legal advocacy you deserve if you were recently arrested and are facing criminal charges. Having a criminal record can affect your life for years to come, so do not risk gambling with your future. Work with a Dutchess County attorney whom you can trust.

Get the representation you deserve today and call our office at (845) 605-4330 to schedule your free consultation with a criminal defense attorney.