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Is My Employer Notified if I’ve Been Arrested?

Is My Employer Notified if I’ve Been Arrested?

After being arrested, the individual might wonder if law enforcement will notify their employer. In most cases, the employer will not receive notification because arrests aren’t convictions and do not prove that an individual committed a crime. Additionally, employees are protected under federal and state employment laws that prohibit an employer’s access to arrest records and discourage them from asking questions about arrests.

Charges Might Be Dropped or Dismissed

It’s important to remember that an arrest does not equal guilt; people are innocent until proven guilty. Before the individual’s case is heard in court, the district attorney will receive arrest information from law enforcement and will determine if there is enough evidence to bring charges.

The D.A. might decide that the evidence is insufficient, and drop the charges. However, the D.A. may instead determine there is sufficient evidence to move forward with the case; even still, it might not result in a conviction.

Employers May Have Notification Policies in Place

Some employers have policies that require individuals to notify them of arrests. For example, if a person is a driver, the individual may need to let their employer know they have been arrested for a DUI. It is a good idea to check employee handbooks or other resources to see if it is necessary to report an arrest.

If the employer does not have a policy in place, it may be necessary to voluntarily notify them of an arrest, as the individual may have to miss work to go to court if charges are filed.

Employment Laws Offer Protections

Employment laws are in place to protect the person’s rights. Although neither federal nor state law prohibits an employer from asking about arrests, they cannot take it upon themselves to obtain arrest information. In Nevada, employees must give consent for access to their records.

Unless the employee was dishonest when asked about an arrest or they did not voluntarily provide notification when they were required to do so, the employer cannot take adverse action if they learn about the arrest. According to the U.S. Equal Employment Opportunity Commission, because an arrest is not a conviction, an employer cannot use that as a reason to fire or suspend the employee. Doing so may be a form of employment discrimination.

Choose Our Hard-Hitting Team at The Draskovich Law Group

If you were arrested and are now facing charges, trust your case to our experienced lawyers. We know that being charged with a crime can be a terrifying experience, which is why we provide high-quality service throughout your case. Our attorneys will conduct a thorough investigation of your circumstances to build a strong defense and work toward getting charges reduced or dismissed.

For a free consultation, call us at (702) 381-6590 or contact us online.


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