I was arrested almost a year ago, still waiting for my court date. My driver license suspension has been lifted immediately after my charge. I applied for a nurse practitioner job and they extended an offer pending my SLED background check. This is my only arrest, I am confident this will be pled down to a lesser charge and even possibly dismissed. I am worried this arrest not yet settled with a conviction will effect my offer.
Possibly, depending on the questions asked, which should be answered truthfully. I suggest your consulting with a criminal defense attorney. You do not wish to compound your problem by trouble with the nursing board.
Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C.
Michael G. Sribnick, M.D., J.D., LLC
The answer to this question does not establish an attorney/client relationship nor does it constitute legal advice.
The arrest will appear in your SLED report. You will have to explain the circumstances. The most worrisome part of it for an employer is that it is not resolved yet, meaning you could have to go to jail (potentially) after being hired. You are now torn between letting it lie until the agency feels like dismissing it or pushing for a resolution which may mean taking a plea deal. Get a lwyer involved to advise you on the pros and cons of both paths.
You may definitely be denied this job based upon your DUI arrest only. SC is an employment at will state and any employer may deny you employment under these circumstances. With certain employers and in some states, it is not appropriate to ask about an arrest without conviction, however, it will definitely show up on a SLED background check. Additionally, because of the professional licensing regulations, ethics and professional standards associated with your field of practice, you can be denied employment as well.
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