Learn the difference between an arrest and a conviction

Criminal conviction sentencingOftentimes, presently employed individuals as well as job applicants find themselves out of a job based of an accusation of having committed a crime. Unfortunately, arrest records do not offer the entire picture of both sides of the story. Think about being at the wrong place at the wrong time, mistaken identity, overzealous police officers wanting to close a case, etc.

Just imagine getting rejected for a job merely as a consequence of an alleged crime?

If an employer performs employment screening solely based on a criminal database search, they may find arrest records. Making a hiring or employment termination decision based the results of the criminal database may give the employee or employment applicant legal grounds to file an EEOC or FCRA lawsuit.

Final disposition is the key

Unless an arrest record is followed by a criminal court case filing, it is merely an accusation at best. Furthermore, even after a case is filed — an employer must look at the final disposition of the case as the defendant may have been found innocent or the case dismissed in its entirety without any merit to the initial arrest.

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