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Securing employment with a criminal record—or maintaining it if you get charged with a crime—is inherently challenging. While state law prohibits employers from discriminating against those with a record in certain scenarios, criminal attorneys often remind clients that it doesn't guarantee they will be able to earn a living wage. Here are some of the most significant ways criminal proceedings can impact employment in both the short and long term.

If You Need a Job

Applying for jobs when you have a criminal record is stressful; however, employers can't skip over you unless the crimes for which you were convicted make you a liability for the position in question. For example, if you have multiple DUIs on your record, it would be reasonable for them to overlook you if job duties include operating a motor vehicle. Otherwise, however, they couldn't use your record to sway their decision. Also, employers cannot typically use arrest records when making hiring decisions, nor can they review records that were sealed or expunged.

If You Have a Job

criminal attorneyBecause Ohio is an at-will employment state, your job could be in jeopardy if you get charged with a crime. In at-will states, employers may terminate employees for any reason or no reason at all. That means if you end up missing a considerable amount of work because you were arrested, your employer could let you go. Even if you weren't arrested—or you were bailed out right away—your job could still be at risk if there’s a character clause in your employment contract.

If you’re concerned about losing your job on top of fighting the charges, a criminal attorney can review the terms of your employment contract to determine what’s at stake. Depending on the circumstances, your employer may not have the right to proceed with termination unless you’re convicted.

 

If you’ve been charged with a crime, turn to Michael A. Newland Esquire to start building your defense. Located in Hamilton, OH, Michael is a strategic criminal attorney who fights tirelessly on behalf of his clients. For more than two decades, he’s been helping those who've ended up on the wrong side of the law. He also practices family law and juvenile law. To request a consultation, call (513) 887-9595. Explore his practice further on the website.

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