Can I Lose My Job If I Get Arrested?

Most people don't plan on getting arrested. You can go your whole life without law enforcement contact if you're careful (and lucky). On the other hand, many people make mistakes or do foolish things when they're young and have encounters with police for speeding, driving under the influence, or petty theft.

What should you do if you get arrested? Can you lose your job if you get arrested over the weekend? Do criminal background checks show all your arrests and convictions? Before you panic about a DUI ticket, learn the answers to your questions here.

If you're facing criminal charges, you'll want to get help from a criminal defense attorney right away. They can help you protect your rights and achieve the best possible outcome.

At-Will Employment and Arrests

With the exception of Montana, all states in the U.S. follow "at-will" employment rules. This means employers generally may terminate employees at any time, for any reason. As long as that reason is not discriminatory.

In an at-will state, the only protections against random termination are:

• A union contract or collective bargaining agreement that prohibits termination without cause
• A fixed-length contract with penalties for early termination
• State law or public policy preventing such terminations

So, in most cases, your employer can legally fire you for getting arrested.

Background Checks and Employment Decisions

Most states allow employers to run criminal background checks before a final offer of employment. If you've filled out a job application, it asks if you have any felony convictions within the last five years. Most employers will say this is not a bar to employment.

Some positions conduct more thorough checks. If your job requires a commercial driver's license, or if you work with children or the elderly, your employer will run the background check through the FBI database. Jobs in law enforcement, security, and some professional licensing have more extensive checks.

If you're applying for one of these positions and have a past arrest or conviction, it's usually in your best interest to disclose your criminal history before your employer finds out about it. If you don't, and the background check uncovers it, the result is usually worse than if you'd been honest.

For some types of convictions, you may be able to get your record expunged. This process erases an arrest or conviction from your criminal record. Each state has different procedures and requirements, so it's best to get help from a criminal defense attorney when pursuing expungement.

If You're Arrested While Employed

If you're already employed, things are a little different. Of course, your boss can fire you for an arrest, but if you've been with the company for a few years, you may not lose your job immediately. In these cases, losing your job depends on the nature of the crime and the type of work you do.

Some of the most common arrests working people face are DUIs and other traffic violations, and misdemeanors like disorderly conduct.

After these arrests, you can probably make bail and return to work within a few days. The next step is between you and your employer.

Nature of the Offense

If your job requires a professional license (such as a pharmacist or hairdresser) or a state certification, then an arrest and conviction could lead to the loss of your license. The licensing board can revoke or suspend your license if the crime is "substantially related" to your job.

In the same way, your employer can decide that your arrest puts the company at too much risk. Arrests for fraud or theft are more serious in retail jobs, while arrests for battery or domestic violence often cause issues in public-facing positions.

The more serious the crime, the more likely it is to affect your job. If you're charged with a serious or violent felony, you need legal assistance. Not only is your job on the line, but your freedom might be as well.

Employment Policy

Your employment contract should contain your company's disciplinary policy. Some companies require disclosure of criminal history or arrest records before hiring. The policies may include reporting any arrests that happen during employment as well.

How your employer handles an arrest depends on the company's policy. Some companies have a "zero tolerance" policy for any arrest — one strike and you're out. Others may overlook minor charges, provided the employee notifies the company immediately and is forthcoming about the case.

Job Duties

Some jobs have less leeway for employees with criminal charges than others. If your job puts you in contact with:

• Narcotics
• Children, elderly, or disabled individuals
• Firearms
• Large sums of money

Your company may have no choice but to terminate you if you receive a criminal conviction during your employment. If your job requires a security clearance and a conviction will impact your clearance level, you may face termination or a job downgrade.

Expungement and Reinstatement

As mentioned above, some states let you remove or expunge your criminal history after a certain time and if you have completed your court-ordered restitution and other requirements.

Expungement requires the help of an attorney and can take several months to a year or more. And not every arrest or conviction is eligible. Most states will not expunge DUI arrests and convictions. First-degree felonies and sexual offenses are not dischargeable.

You can petition for reinstatement if the state has suspended or revoked your professional license. You must complete your sentence and prove you have corrected whatever behavior caused the disciplinary action. As with expungement, you need help from an attorney. The burden is on you as the petitioner to prove your case.

Get Legal Advice from a Criminal Defense Attorney

After an arrest, if you're worried about losing your job or failing to get hired, you need help from a criminal defense lawyer.

Most arrests and convictions will not prevent you from getting hired if you are honest about them and explain your criminal record immediately. Discuss your concerns with an experienced criminal defense attorney or an employment attorney before losing a good employment opportunity.