Being accused of a crime is an unnerving and overwhelming experience, even when you have the help of a dedicated Jacksonville criminal defense attorney at your side.
Read on to learn more about how a pending criminal charge can impact your employment possibilities and your record.
Understanding your rights and the various ways that a potential conviction could influence you can be important for giving you a full perspective over what it means to be accused of a crime in the state of Florida.
It’s hard to look for a job in today’s market, even if you don’t have a criminal record. In some states, criminal histories are not part of an official public record. However, convictions are a matter of public record.
The truth is that employers can often find out a lot about you before you even submit to an official background check due to digital databases.
Data searches, for example, could reveal that you have been arrested but not the outcome.
This, of course, can have an impact on whether or not the employer decides to move forward with hiring you or not.
The lack of publication of an outcome means that the employer might not ever know whether or not the individual was ultimately acquitted, sent instead to a diversion program, released without a charge or convicted.
Arrests that don’t prompt any formal charges, however, are treated under the law differently when compared with arrests, pending trials, and convictions.
Arrest records are the official records of arrests and detention that do not lead to conviction or a guilty plea.
A question asked by your employer about arrests are not allowed in the majority of states and they can even be viewed as possibly discriminatory based on federal guidelines.
An employer does have the right, however, to ask an employee or an applicant whether he or she has been arrested pending trial and can use an arrest pending a further trial in determining employment decisions.
The primary reason is that you arrest still could lead to a conviction, which of course would be included in public records accessible by your employer.
There is currently a movement called ‘Ban the Box‘ that would help to prevent details about previous convictions being disclosed on employment applications.
Of course, if you are asked about a criminal history, it would be in your best interest to tell your employer the truth about the situation and allow yourself a chance to explain.
What About Convictions?
Convictions refer to verdicts, judgements and pleas, regardless of whether or not the individual is sentenced.
Convictions also include no contest pleas. The majority of employers will look into an applicant’s convictions.
These are the most legally and readily accessible data to employers that are investigating criminal history. They are easily found in many different databases.
The prevention for a conviction on your record is to hire a Florida criminal defense attorney immediately after you have been charged.
What If My Record Has Been Expunged?
There are certain situations in which your Florida criminal conviction could be expunged from your record by a court order.
An expungement means that your conviction is treated as it never happened in the first place. There are very rare situations in which you may be eligible for an expunged record.
Make sure you speak to your criminal defense attorney in Florida to determine whether or not you could be eligible to have your charges expunged down the road.
An attorney can walk you through all of your defense options and help to craft the best possible strategy in your defense.
What to Do If You Have Recently Been Accused of a Crime
If you have been accused of a crime, one of the most important steps you can take to protect yourself is to hire a Jacksonville criminal defense attorney, who has helped other people in the similar situation.
Talk to a Expert Jacksonville Criminal Defense Attorney Today
A defense attorney can help explain to you all the possible ramifications for being charged with and convicted of a crime.
This gives you the opportunity to make educated and informed decisions throughout the legal process. An attorney should be committed to helping represent your best interests for the duration of your legal case.
Learn more about sealed and expunged records: http://www.mariarogerslaw.com/duval-county-criminal-defense-lawyer-fla-legal-professionals-llc-on-sealing-and-expunging-criminal-records/#more-470