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Is it discrimination for a job not to hire you because of your record?

Keyport, NJ |

My background check came back and I was no longer hired. I was arrested for possession of drugs and I didn't do any time for this. The job told me they were not able to hire me because of my record. Is this discrimination?

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Attorney answers 3


The answer is Yes, it's discrimination... But they are allowed to discriminate based on criminal record. They can't discriminate on account of race, religion, marital status ...etc... Criminal record they can discriminate on...

Of course my answers are not the only source that you should rely on. Furthermore, its best to contact me about your Legal or Medical issues at my office number 215-240-7565. Licensed to Practice Law in PA and NJ. Medical PA license.


It is illegal for an employer not to hire you because you were arrested for an offense but not convicted. A guilty plea, even with no time served, is still a conviction. That said, even if you were convicted of the offense, the employer would have to show, among other things, that such a conviction would likely impact your job performance or the company in a negative way before refusing to hire you for that reason. If you lied about your arrest on your employment application, that would be a legitimate reason not to hire you.

The information provided above is for general purposes only. It does not constitute legal advice or create an attorney-client relationship. Seek competent legal representation, because the facts of each case are different.


I agree with my colleagues. Expunge your record if you qualify.

973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.