Should I tell my current employer of a misdemeanor disorderly conduct conviction?

Asked 7 months ago - Chicago, IL

I have recently received a conviction for disorderly conduct stemming from an event that happened at one of my friend's weddings (also occurred on my 24th birthday). A young woman and myself were engaging in some activity in a secluded public area late at night, and we were reported. We later received charges of indecent exposure, but the charge was reduced to disorderly conduct. We were not given any deferment or adjudication. Between the time the incident happened and the receiving of the citation, I moved to Chicago for a new job (engineering). My employer can dismiss anyone at an at-will basis. Should I be upfront with my boss about this? Or should I continue working hoping they don't discover? I did sign off to allow any background checks to be performed at any time.

Attorney answers (4)

  1. Chen Kasher

    Contributor Level 15

    2

    Lawyers agree

    1

    Answered . In general, whether you tell your employer or not is not really a legal matter. A lawyer can only point you to your rights:

    Is the background check pursuant to the FCRA (Fair Credit Reporting Act)? If so, you have a number of rights, such as that they need to give you a copy of the report, that they need to discuss it with you, et cetera.

    Are you a minority or a member of a protected class? That makes a difference, too, because termination may violate federal law about discrimination.

    Finally, what was your sentence? You may be able to expunge or seal the conviction as well. Speak with an attorney about doing so.

    My two cents is that disorderly conduct is a very minor offense, and no reasonable employer would fire a good employee based on that.

    This answer is intended as informational only, and does not constitute legal advice or form an attorney-client... more
  2. Judy A. Goldstein

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Are you sire you received a conviction? What was your exact sentence? Did your employer ask if you had been convicted of a misdemeanor? If you received supervision then you were not convicted. If your employer has not asked, there is no need to volunteer information. Too few facts are presented here to answer you completely even though you provided facts about the incident. It appears you were not represented at the time. That was a mistake.

  3. Melissa I. Smejkal

    Contributor Level 18

    2

    Lawyers agree

    Answered . What was your exact sentence?

  4. Raymond George Wigell

    Pro

    Contributor Level 19

    Answered . Consult and retain an experienced attorney ASAP.

    Please do NOT use this answer/response to say or do anything regarding your situation. This answer/response is... more

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