I am in the process of having some of my charges expunged because they were dismissed but I still have 2 charges that are bothering me 1 is use/poss of drug paraphernalia and the other is retail theft under 100. can these two charges prevent me from being from being hired in the healthcare field in PA.. I just graduated with an Associates degree this month.
DUI / DWI Attorney
Possibly. Employers can use any criteria they wish to deny employment to an individual so long as it is not forbidden by law. It is not yet forbidden to deny employment on the basis of a criminal conviction.
Bradley Law Firm, LLC
Real Estate Attorney
I am in agreement with my colleague's assessment. I would add that the reason employers often ask for that information is because they want to know two things:
1. If you are going to be honest on your application; and
2. If you are going to be an employee that commits white collar crime and steals from them.
This may shed some light as to why it has not been outlawed as a means of determining whether or not a person is employable.
Best of Luck!
The materials on this site are provided for general informational purposes only. The information in not intended to constitute legal advice. The information presented on this site is general only. You should not act upon this information without consulting with an attorney for advice specific to you. This site is not intended to create an attorney-client relationship between you and Yoo & Osborne, PLLC. You should not act or rely on any information in this site without seeking the advice of an attorney. No attorney-client relationship is created with the firm absent an express agreement between the firm and you, the client. The mere receipt by the firm of an email does not create an attorney-client relationship or otherwise confidential relationship with Yoo & Osborne. Please do not send us any confidential information until you speak with us and receive our authorization to send confidential information to us.
Criminal Defense Attorney
They can deny you employment for a lot less than that. Lets say you are looking for a job as home health aid. Your employer would be concerned about both your ability to carry out the responisbilities of the job as well as a possible propensity to steal as evidenced by the retail theft. If they were to place you in a home with an elderly person and something went missing you can imagine the repercussions the employer may face if the home owner / patient blamed you. So the short answer is yes.
That said the employer may only ask for certain convictions ie misdemeanors and above so if the retail theft was a summary then you may not have to report it and it may not show up.
This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Only consultation with your own attorney can provide you with the advice you need for your case.