In California and many other states, criminal background checks are a crucial part of the employment screening process. While the principle of “innocent until proven guilty” is a cornerstone of the American legal system, the reality is that even unadjudicated charges can impact your employment prospects. Read on to learn the implications of pending criminal charges on your job search and when to seek legal representation.

What Are Background Checks?

Employers routinely request background checks to assess job candidates’ suitability, especially when hiring for positions involving security, finance, or working with vulnerable populations. These checks can reveal a wide range of information, including past convictions and pending charges.

California law permits the inclusion of all pending criminal charges in a background check, so even if you have not been convicted, the mere presence of charges against you might influence an employer’s decision. Furthermore, California employers can opt to receive notifications if those pending charges lead to a conviction, keeping them continually updated about the legal status of their employees or potential hires.

Consequences of Pending Charges on Your Employment Status

Pending charges on a background check can create a cloud of uncertainty and suspicion around your professional status, regardless of your case’s ultimate outcome. Employers may view pending charges as a liability that impacts your job security, career advancement, and employability.

• Job offer withdrawals: Employers concerned about the implications of pending charges may choose to rescind a job offer, particularly if the charges relate to the work you would do for them.
• Reputational risk: Even if an employer initially wants to proceed with hiring you, pending charges could affect their decision, especially if you interview for public-facing roles.
• Employment termination: Pending charges might cause your current employer to suspend or terminate you, depending on company policy and the relevance of the charges to your job duties.
• Career limitations: Many professions have strict rules regarding pending criminal charges, which could prevent you from getting hired or promoted.

Can You Apply for a Job if You Have Pending Charges?

Given the significant impact pending charges can have, you must handle this situation proactively.

• Disclosure: Be honest about your situation if it’s likely to come up in a background check. Providing context and showing proactive engagement with the legal process can sometimes mitigate concerns.
• Legal representation: Experienced legal counsel can sometimes expedite your case’s resolution or work toward having pending charges dropped.
• Employment advice: You should understand your legal rights regarding your job security and privacy. An attorney can advise you on how to communicate with potential or current employers.

When to Hire an Attorney

Consult with a reputable criminal defense attorney if you worry about how a criminal record might affect your current job or future career opportunities. Sal Ciulla will assess your case, explain potential outcomes, and develop a robust defense strategy to resolve the charges as favorably as possible, minimizing the impact on your employment status.

The job market is challenging enough without the added stress of criminal charges. If you’re dealing with the implications of pending charges on your employment, reach out for professional legal advice to protect your rights and future.