Legal Question in Criminal Law in Iowa

Crimianl Charge that has been deferred

I have been teaching for 10 years and have recently interview and been offered a teaching position in another community. In the background check they will find that I have been charged with trespassing (a simple misdemeanor) and the prosecution has been deferred as I was placed on informal probation. At the end of the probation, the charge will be dismissed. Can this school district refuse to offer me a contract because of this charge even though I was the successful candidate for this position and the charge will be dismissed in a few short months?


Asked on 3/13/01, 4:48 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Crimianl Charge that has been deferred

Employers are generally concerned with felonies and violent crimes together with those involving honesty, such as theft. They are not generally disturbed by misdemeanors which are not violent and do not involve trust.

Further, the school district would have to do a thorough background check in the community in which you were charged. Misdemeanors do not show up on national crime data bases. Most employers do not dig this deep.

If you remain concerned speak with your contact person in the new school and get their opinion.

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Answered on 5/22/01, 9:15 pm


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