Legal Question in Criminal Law in South Carolina

employment after expungment

when a person has completed pretrial intervention and all records of offense are erased from records, person secures employment and then is fired because a person associated with the original crime calls new employment... What actions can be taken against the accuser and the ex-new employer? how can the person fired be sure this won't happen again?


Asked on 9/28/05, 9:06 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: employment after expungment

When you say, "accuser," I assume your referring to the person that made the call. Unfortunately, I am not sure there is much that can be done. Basically its free speech. As long as what a person says is the truth, there's not much recourse. However, depending on certain facts that I do not have there is a remote possibiliy of a civil action.

As to the employer, there are certain laws regarding Wrongful Discharge and various Contract violations, but I do not have enough information to tell you if any of those apply.

You should probably contact a lawyer that can ask you questions and get all the facts so that he/she can advise.

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Answered on 9/28/05, 9:16 pm


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