Job Hunt w/ Arrest Record

meanmaryjean, DNP, RN · Nov 7, 2013

Were you just arrested, or tried and convicted?

MauriceLPN · Nov 8, 2013

Never convicted, charges were dismissed but arrest record still shows

meanmaryjean, DNP, RN · Nov 8, 2013

I would suggest being VERY pro-active and you bring it up first. Shows you have nothing to hide, and (hopefully) have a logical explanation for being arrested in the first place.

mzaur · Nov 8, 2013

Depends on your state. In NJ where I live, an expungement removes the arrest record which will help you in your case. In NY, this is different as they do not have anything to hide your record.

Jory, MSN, APRN, CNM · Nov 8, 2013

The only way you are going to know is to call a lawyer and ask. There is no guarantee, but you have a greater chance of an expungement of an arrest if you were never convicted and especially if the charges were dismissed.

All the opinions here won't matter..you'll eventually need to contact a lawyer and it should not be an expensive process.

MauriceLPN · Nov 8, 2013

Thank you all very much for your advice. I will take everything into consideration and get working on it.

squidbillies · Nov 10, 2013

Maurice, I would not let it stop me from continuing to apply to places. I have found that bigger companies tend to have a hiring procedure where this isn't an issue. For example, I worked for a company that requires passing a level 2 background check. They send you to a place to have your fingerprints taken and sent to an agency. I was arrested years ago for battery and completed a pre trial intervention program. I still passed the background check. What would have prevented me is if I had been convicted of a crime such as sexual misconduct, battery on a minor, etc etc.

Just know that you do have options. Do not be discouraged. Good luck.

MauriceLPN · Nov 10, 2013

Thank you for your insight squidbillies, it was very informative and I will take your advice and continue searching. Like you I was arrested and completed PTI. The only thing that stands on my record is the arrest no convictions. In your experience would you bring the arrest up during an interview or leave it alone because you can answer honestly on the application "never convicted of a crime"? Thanks again!

squidbillies · Nov 10, 2013

I did not and definitely would not bring it up :)

NurseQT · Nov 22, 2013

Don't quote me on this but I think the EEOC bar employers from using an arrest record to determine whether an applicant will be hired. It would considered discrimmination...

Esme12, ASN, BSN, RN · Nov 22, 2013

There is no Federal law that clearly prohibits an employer from asking about arrest and conviction records. However, using such records as an absolute measure to prevent an individual from being hired could limit the employment opportunities of some protected groups and thus cannot be used in this way.

Since an arrest alone does not necessarily mean that an applicant has committed a crime the employer should not assume that the applicant committed the offense. Instead, the employer should allow him or her the opportunity to explain the circumstances of the arrest(s) and should make a reasonable effort to determine whether the explanation is reliable.

Even if the employer believes that the applicant did engage in the conduct for which he or she was arrested that information should prevent him or her from employment only to the extent that it is evident that the applicant cannot be trusted to perform the duties of the position when

considering the nature of the job,
the nature and seriousness of the offense,
and the length of time since it occurred.

This is also true for a conviction.

Several state laws limit the use of arrest and conviction records by prospective employers. These range from laws and rules prohibiting the employer from asking the applicant any questions about arrest records to those restricting the employer's use of conviction data in making an employment decision.

Pre-Employment Inquiries and Arrest & Conviction