Can my employer find out about my misdemeanor?
As a job seeker or an employed individual, it’s natural to worry about the privacy of your personal records and the potential consequences of any past mistakes. A misdemeanor is a type of crime that is considered less serious than a felony, and it can still have an impact on your life. In this article, we’ll explore whether your employer can find out about your misdemeanor and what you can do to protect your rights and reputation.
Can Employers Access Your Criminal Records?
Employers often conduct background checks on employees as part of the hiring process or during an existing employment relationship. These background checks may include searches of public records, which can reveal information about arrests, convictions, and sometimes even misdemeanors. However, the extent to which an employer can access your criminal records depends on various factors, including:
• State laws: Different states have varying laws regarding access to criminal records. Some states allow employers to access more comprehensive records, while others provide more limited access.
• Type of crime: Employers may be able to access records of felony convictions, but access to misdemeanor records may be limited or restricted.
• Federal laws: The Fair Credit Reporting Act (FCRA) regulates the use of consumer reports, which can include criminal records, in employment decisions. This law requires employers to give you notice before conducting a background check and obtain your consent.
What to Expect if Your Employer Discovers Your Misdemeanor
If your employer discovers your misdemeanor through a background check, it can have various consequences, depending on the nature of the crime, the company’s policies, and local laws. Here are some potential outcomes:
• You may be terminated: Employers may choose to terminate your employment due to concerns about your judgment, reliability, or behavior.
• You may be placed on probation or suspension: In some cases, employers may demote or suspend you, pending further review or completion of a program or community service.
• Your employment may be subject to conditions: Your employer might impose conditions on your continued employment, such as regular reporting, psychological evaluations, or treatment.
How to Protect Your Rights and Reputation
While your employer may be able to access your criminal records, there are steps you can take to protect your rights and reputation:
• Understand your employer’s policies: Review your employment contract and company handbook to understand their policies and procedures regarding criminal records and background checks.
• Seek legal advice: If you’re concerned about potential consequences, consult with an employment attorney to understand your legal rights and options.
• Be prepared to provide context: If your employer discovers your misdemeanor, be prepared to provide context about the incident and how you’ve since maintained a clean record or engaged in rehabilitation efforts.
• Consider sealing or expunging your records: Depending on your state and the type of crime, you may be able to seal or expunge your records, making them less accessible to potential employers.
Conclusion
A misdemeanor conviction can affect your employment opportunities and may be discoverable through employer background checks. While you can’t entirely eliminate the risk of discovery, it’s essential to understand the laws and policies governing employment and criminal records in your state. By taking steps to protect your rights and reputation, you can maintain a positive work record and minimize the impact of any past mistakes.
Recommended Resources
- [1] Federal Trade Commission: Fair Credit Reporting Act
- [2] U.S. Equal Employment Opportunity Commission: Criminal Record Rules
- [3] National Employment Lawyers Association: Criminal Records and Employment
