Should You Tell Your Job About an Open Criminal Charge?

What You Need to Know from your Brother at Law – R&R Law Group

Dealing with an open criminal charge in Arizona and wondering if you need to inform your employer or school. Disclosing criminal charges at work or elsewhere is a tricky situation, and the answer isn’t always straightforward. Let’s break it down in a more simple way to help you figure out what’s best for you.

Who’s Asking and Why?

  • Friends and Family: If your cousin or a buddy asks if you’ve got a criminal charge, you don’t have to tell them anything if you don’t want to. They might be able to find out if they look it up, but there’s no real consequence if you choose to keep it private.
  • Arizona Employers or Schools: This is where it gets more complicated. If an employer or school asks if you’ve been convicted of a crime, you can say no if you haven’t been convicted yet. If they ask if you’ve been charged with a crime, you should be honest, as charges are usually a matter of public record.

When Do You Have to Tell Your Job?

  • Job Specifics: Some jobs, especially those involving vulnerable people or sensitive information, may have strict rules about reporting criminal charges. For example, if your job requires a special clearance or background check, you might need to report any charges.
  • Professional Licensing: Jobs like nursing often have their own reporting requirements. If you’re in a regulated profession, you might need to let the licensing board know about certain charges, like DUIs, within a specific timeframe.

How to Handle Disclosure

  • Talk to a Lawyer: Before making any decisions, it’s a good idea to chat with a lawyer. They can help you understand your rights and obligations and guide you on the best way to handle the situation.
  • Check Your Employee Handbook: Look at your company’s employee handbook or code of conduct. These documents often outline whether you need to report criminal charges and what types of charges might be covered.
  • Be Proactive: Sometimes, it’s better to address the issue head-on. If you’re required to report a charge, doing so early on can show responsibility and may help avoid bigger problems down the line.

Bottom Line on Disclosing

When it comes to dealing with an open criminal charge, the key is to understand who’s asking, why they’re asking, and what your obligations are to disclose a charge. Whether you choose to disclose the information or not, it’s important to be informed and make decisions that are in your best interest. If in doubt, get legal advice to navigate the situation smoothly.
If you are in a situation where you are unsure of what to do in regards to sharing this information, give us a call at (602) 497-3088 or visit our website to schedule a case evaluation.

About the Author: Ryan W. Cummings

Ryan attended the University of Evansville in Indiana where he earned his Bachelor of Science in Finance and Marketing and was a member of Lambda Chi Alpha. He then received his Juris Doctorate from the Phoenix School of Law where he accelerated his education to graduate early. While at the Phoenix School of Law, Ryan was active within the legal community and was the school’s Student Pro- Bono Coordinator. Ryan also joined the Steering Committee on Arizona Wills for Heroes, a group that writes wills for Police, Fire, EMT, First Responders, Prison and Probation Officers. Ryan is still part of the Steering Committee and actively participates in Wills for Heroes.