Legal Question in Criminal Law in North Carolina

I was given a citation brought about from a coworker on the job for simple assault. I was not arrested, can I be denied employment for this? if so, is that not discrimination?


Asked on 1/06/16, 7:50 pm

1 Answer from Attorneys

North Carolina does allow 'citations' to be issued in lieu of formal arrest. This is rare and is done usually when an officer wants to kinda help you out and / or thinks the whole thing is a bunch of petty bull crap.. However, having a citation issued is not a bar to a formal warrant being issued so if the 'victim' is smart, they will be bop off to a local magistrate and attempt to get a formal warrant for arrest sworn out for you so that regardless of conviction or not - you will always have a permanent arrest record at least. As to being fired or not hired for future employment - yes, this is a possibility. Is this discrimination? Yes but not bad discrimination. People hear the word discrimination and usually they automatically think the person doing the discriminating is doing something wrong. It is perfectly acceptable for an employer to discriminate between potential employees with criminal records and those who do not have criminal records and to have a preferance for those with out criminal records. Best of luck to you!

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Answered on 1/06/16, 8:53 pm


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