QUESTION
Am I required to disclose pending misdemeanor charges to potential employers?
Asked on May 28th, 2012 on Immigration - Georgia
More details to this question:
I am here in the U.S. on an H1b visa. I also have some concern about the security of the position I was brought over for (unrelated to the arrest, though my employer is aware of it) and feel like I should be looking for alternative employment opportunities with companies that sponsor H1b visas. But I currently have a pending Class B Misdemeanor in TX. Am I required to disclose my current pending charges to the employer and/or would they find out about them through their background checks? Are there any laws that allow them to reject my application based on that? Alternatively, are there laws that prevent them from hiring me if I have a pending misdemeanor?
4 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you are not asked about a criminal arrest, prosecution or conviction, you do not have to volunteer that information. However, if a background check is performed that information may be discovered. Also, depending on what your criminal case is about and what you are being charged with, your employer could reject your job application and/or terminate you.
Answered on Jun 07th, 2012 at 3:53 PM
William C. Gosnell
Misdemeanor charges no conviction is the operative word.
Answered on Jun 07th, 2012 at 12:31 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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The employer can easily do a criminal background check on you that could reveal your arrest for misdemeanor. Also, the employer is not required to hire you if they don't want to as a result of your arrest.
Answered on Jun 07th, 2012 at 12:26 AM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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Most employers conduct criminal background check before employment. In your case, I would keep your employer informed of the situation. I hope the charges will be dismissed and you do not have to worry about this matter. Consult with a local criminal attorney and make sure you mention your immigration status.
Answered on Jun 07th, 2012 at 12:25 AM