QUESTION
Will a pending misdemeanor charge show on my boyfriend background report if he applies for a job?
Asked on Oct 22nd, 2012 on Labor and Employment - Oregon
More details to this question:
He is going to court still and all charges will be dropped since there is no evidence and no witness. He knows he can find employment after charges are dropped but he would really like to search for work now, since he was laid off. Would they be able to see the pending misdemeanor?
2 ANSWERS
They will likely find the pending misdemeanor charge. He should read the question carefully, and answer the question asked. If it asks about arrest or charges, he should disclose. If it asks only for convictions, then he could not disclose and still be truthful. When in doubt, disclose. If the employer finds out, he will look like a liar and will be discharged.
Answered on Oct 24th, 2012 at 4:21 PM
Administrative Law Attorney serving Sherwood, OR
Partner at
Employment Law Professionals Northwest LLC
3 Awards
In the United States you are innocent until proven guilty, which includes nolo contender and plea agreements which are considered convictions. When applying for a job it depends on what the employment application requests for information. If the application asks for arrests and convictions, you must list all of your arrests and your convictions. If it asks only for convictions you only need to list convictions. If you do not list the information requested, they can terminate you once they discover you were not truthful, so honesty is the best policy. Be truthful and supply the information that they request.
Answered on Oct 24th, 2012 at 4:19 PM