In today’s economy, finding a job is a challenge. Even highly educated and qualified candidates can find themselves facing stiff competition. One qualification that employers frequently look for these days is the ability to pass a background check. Having a clean record can definitely be an advantage, and can mean the difference between being called for an interview versus never hearing back from the company with whom you applied. If at any point in the past you have been arrested and charged with a misdemeanor or felony crime you will likely face some disadvantages when looking for work. When looking for a job, it is a good idea to know how these types of charges appear on your record, and whether you have an obligation to disclose your criminal history when applying for a job.
The Difference Between Being Arrested and Being Convicted
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In any state, an employer is entitled to request information regarding your criminal history. Potential job candidates are often required to disclose any criminal convictions on their job application, or at some point in the interview process. Being arrested or charged with a crime is not the same as being convicted. While you may be arrested and charged with either a felony or misdemeanor, there are several ways in which you may have avoided being found guilty. These include:
- Your charges were dropped;
- The solicitor in your case chose not to prosecute (referred to as nol prossed );
- You were found not guilty;
- You avoided conviction by completing a pre-trial intervention program (PTI);
- You avoided conviction by completing a court ordered alcohol education program (AEP) or traffic education program (TEP).
In any of the above cases, you can make a request for an expungement and have the charges removed from your record. Once you have had charges expunged, South Carolina law dictates that you do not need to disclose those charges to potential employers.
Questions Regarding Prior Arrests and Criminal Background Checks
South Carolina employers are permitted to ask whether you have ever been arrested or charged with a crime, but that fact alone is not enough to justify not hiring you. However, according to the U.S. Equal Employment Opportunity Commission, employers can use prior arrests as an opportunity to inquire about the conduct that led up to the arrest, and base their employment decision on that conduct. While it is a fine line, many employers use it as an opportunity to weed out candidates.
Many employers today run criminal background checks on potential employees. These checks must follow the rules of the Fair Credit Reporting Act, which requires employers to:
- Get your permission before running a background check;
- Give you a copy of the report and a notice regarding your rights before taking any negative action; and
- Notify you if you were not hired or were fired based on the information contained within the report.
Reach Out to Us for Criminal Defense Assistance in South Carolina
If you are having problems obtaining employment due to a criminal record, reach out to a skilled South Carolina criminal defense attorney today. Greenville attorney Lauren M. Taylor can guide you through the steps necessary to get charges removed, so that you can finally move on with your life. Our office has the experience you need in handling a multitude of criminal matters, and can strategize the best course of action in your particular case. Contact us today in Greenville.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.