Thursday, February 4, 2010

Can a false arrest interfere with getting a job?

A few years ago I was arrested on false accusations of DUI. They suspected I was high on Marijuana because I supposedly failed the sobriety test. The Urinalysis came back negative for THC so the charges were dropped but the arrest is still on my record. Could this interfere with getting a job? Is it possible I've been denied a job I applied for because of this and didn't even know it? What are the laws regarding this type of situation? Can a false arrest interfere with getting a job?
It would depend on the charge and the job you are applying for.


For example, the false DUI could hinder you from driving jobs, but not necessarily from a retail job.


Or someone who was falsely accused of sexual misconduct could have problems finding work with children or elderly, but could land an office job. Can a false arrest interfere with getting a job?
Arrests generally do not affect job hiring. Only convictions.





Many applications ask if you have ever been convicted of a crime. You can truthfully answer ';no'; if the question is worded this way.





If the question asks if you have ever been arrested, you have to say ';yes'; and offer an explanation. Be sure to state in the explanation that the charges were false and were subsequently dropped. You may also want to mention that in the interview.





If it is a really good job that you want badly, you might consider getting written proof from the court that the charges were indeed dropped, and give a copy to the prospective employer to remove any doubt. But if you're applying for a fry cook job at McDonald's, I wouldn't worry about it.
First, I would check with the court to see if you even have a record. In some jurisdictions, you can have your first arrest annulled or voided out so that it would not show on your record at all.





It is my understanding that this arrest is a misdemeanor -1st DUI's are





Good luck.
No laws prohibit an employer from making a decision based on an arrest record. Your best shot is to give the employer more info. Make sure they know the charges were dismissed before you even went to court.
Yes it could with some employers. It would be best for you to look into having the incident expunged from your record altogether.

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