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If i have a misdemeanor charge is a company allowed to not hire me?

Haines City, FL |

I keep being told my charge is not a problem I will be hired as soon as they get the work available and then they hire other people and just keep telling me I am next on the list.

I have a Misdemeanor charge for domestic violence with a felony charge name.

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Attorney answers 5


Unfortunately for you, Florida is at will state. This means that most private businesses can refuse to hire you based upon your criminal record even if you do not have a conviction. If you had these charges dropped you can try to expunge them.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at and put AVVO in the subject line.



So if the state picked up the charges and the charges where dropped by the "victim" and I was convicted by the state my chance of getting a job in the state of Florida is now based upon the kindness of the Employer?

William David Umansky

William David Umansky


you should really talk to an employment lawyer. if your charge was dropped and you were not convicted we can help with an expungement. call 4072283838 and mention avvo if you want free consult. otherwise post your question to an employment lawyer


Yes, that can be a reason you are denied employment in Florida.

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.



is it possible to get a conviction expunged? And what would be the process?


A company in Florida can use that as a basis not to hire you.

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The company has no obligation to hire you regardless of your record .


I agree with my other colleagues, a company can use this as a basis not to hire you. However, what I often explain to my clients is to take a proactive approach and explain the situation to your potential employers. There is a general stigma attached to any criminal charges but when domestic is involved most people, including employers, jump to the conclusion that you may be spousal abuser, or have anger management problems. If the incident was blown out of proportion, involved a bad divorce, child custody battle or had other mitigating factors your potential employer may be more understanding if this was an isolated incident.

Additionally, you can try and have the charge sealed depending on how your attorney handled the matter. It's worth the money to have someone look into the matter and attempt to have your case sealed if you are eligible, this matter will remain on your record for the rest of your life and potentially show up with every background check and job search. Feel free to contact me if you have any other questions.

The information presented is for information purposes only based on the information provided. An attorney client relationship is not formed.

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