Legal Question in Employment Law in Massachusetts

Job Search and Criminal History

Thanks to Nance for your response to my original question, Unfortunately, I was hoping for more detail. It's been a while, but isn't there a standard question on job applications-''Have you ever been arrested for or convicted of a felony or misdemeanor? If so, explain.''- In my field, it is almost certain that potential employers will do a thorough background check. Will my arrest and continuation without a finding appear in my criminal hisory? Again, the charge was possesion of marijuana. If so, is there anywhere in the country I can go to get away fom this? Do you think I need to hire someone to get the answers I need? As for a health screening or drug test, I'm not concerned. Sitting in the cell that night I realized that, at 27 y/o, I am too old for this and have managed to get the dope out of my system. Thanks again for all your help and advice.


Asked on 4/23/04, 11:19 am

2 Answers from Attorneys
Evan Fray-Witzer Law Office of Evan Fray-Witzer

Re: Job Search and Criminal History

Hi. I do not believe that you will be required to answer "yes" to any of the permissible questions. An employer may NOT ask about an arrest which did not result in a conviction.

An employer may ask the following questions:

Have you ever been convicted of a felony?

Have you been convicted of a misdemeanor within the past five years other than a first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray or disturbance of the peace?

An employer may not ask questions regarding an arrest, detention, or disposition regarding any violation of law in which no conviction resulted.

I do not believe that a CWOF constitutes a conviction. Indeed, my belief was that one of the main goals of a CWOF was that the person had no conviction, assuming that there was no additional violation during the period specified.

So, all in all, I do not think that this should pose a problem to you in your search for employment.

Evan

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Answered on 4/23/04, 11:32 am
Nance Lyons Law Office of Nance Lyons

Re: Job Search and Criminal History

Such a question on a job application is illegal and you do not have to answer it. As to your record, check with state criminal records division. A marijuana charge will most likely not be of grave concern to an employer.

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Answered on 4/23/04, 2:30 pm


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