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This question is about employer.
Can you be denied employment for dismissed charges?
Yes, you can be denied employment for dismissed charges, although it largely depends on the employer's policies and the nature of the job.
Although a charge that has been dismissed means you were not convicted, these charges can still appear on your background check. Many employers perform these checks before hiring, and they may consider dismissed charges when making their decision.
The Equal Employment Opportunity Commission (EEOC) advises employers not to use arrest records alone to make employment decisions. However, some employers may view dismissed charges as an indication of potential risk, especially when the charges are related to the job in question. For example, a financial institution might be hesitant to hire someone with a dismissed charge for embezzlement.
However, some states have laws that limit what an employer can ask about your criminal history or how they can use this information. In certain jurisdictions, employers are barred from asking about arrests that did not lead to convictions or convictions that have been sealed, expunged, or pardoned. Therefore, understanding your rights under local and state laws can be crucial.
If you have a dismissed charge and are seeking employment, it could be beneficial to consult with a legal professional to understand how this may impact your job search and what steps you can take to mitigate any potential issues.
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