QUESTION

Can I legally be denied a job based on a felony charge only?

Asked on Aug 18th, 2013 on Labor and Employment - Idaho
More details to this question:
I have a felony charge (non-violent) on my record from 2006. It is the only charge on my criminal record, and as such, I was able to defer prosecution. I've been told that when asked if I have any criminal convictions on a job application, I may legally state "no". When prospective employers check my background, however, the charge shows up, making it appear that I was being dishonest.
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3 ANSWERS

Bruce A. Coane
An arrest is not a conviction. On the other hand, an employer can deny work for any reason, except if it violates a specific law, mainly, relating to discrimination based on age, race, sex, national origin, religion or disability. If you are a minority being denied a job due to an arrest, you may have some legal rights.
Answered on Aug 27th, 2013 at 11:15 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You can be denied for any reason.
Answered on Aug 27th, 2013 at 11:14 AM

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Yes, that is lawful discrimination in GA. Not all discrimination is illegal. There is no GA law governing decisions to discharge or not hire for falsification of an employment application. What ever the employer says is final. No right to sue, no right to appeal, etc. There is usually no room to discuss. While the question may ask only about convictions, In GA, the employer may lawfully discriminate against you for merely being arrested. You should look closely at the question asked, and then be truthful. If it ask if you have ever been convicted of a felony, you may say no, since you "defer prosecution" (But, I do not know what that term really means without asking questions) I have seen valuable employees of 20+ years discharged for minor crimes that were not disclosed on the employment application. While many employees will overlook minor events, they will not overlook dishonest answers on the employment appl. When in doubt, disclose. There is also the possibility that this is showing up as a conviction. That could be a clerical error, or that could be correct, based on your lack of understanding as to what happened in court.
Answered on Aug 27th, 2013 at 11:14 AM

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