Arrest record disclosure

[Jaic]

Jurisdiction

Washington

Is it illegal to not disclose arrest record to existing employer if that arrest occured during employment (not an event before joining)? For context, arrested (DV Assault 4) and released the next day on personal cognizance; charges were filed; criminal case is pending.

If not disclosed, can the employer terminate if they get know about this as part of their normal background check process for existing employees (if such practice exists)?

 

[army judge]

Is it illegal to not disclose arrest record to existing employer if that arrest occured during employment (not an event before joining)?

Legality isn't an issue IF the employer isn't a governmental entity.

If the employer is a privately owned or publicly traded enterprise, your employment will probably be terminated upon the discovery of your lie.

If your lie is discovered before you're hired, you'll probably NOT be offered an employment opportunity once your deceit is uncovered.

Honesty remains the best policy.

Treachery, lies, deceit will eventually be discovered.

In some cases, other employees will snitch you out to the appropriate official of the employing organization.

If you fail to disclose you're out on personal recognizance bond relative to a gross misdemeanor charge, maybe a felony, your employment will probably be terminated, if you survive the background check.

Domestic Violence Assault in the 4th degree (DV Assault 4) is the most common domestic violence charge in Washington State. It is defined by RCW 9A.36.041 and describes any unwanted touching against a family or household member as assault—persons qualify as a family or household member if they are:

Spouses or former spouses
Intimate partners
Domestic partners or former domestic partners
Persons who have a child in common, regardless of whether they were married or lived together at any time
Persons aged sixteen or older who are currently residing together or people who have resided together in the past and have dated or are currently dating
Family members
Persons aged sixteen or older who are in a dating relationship or have dated in the past
This crime is a gross misdemeanor and carries a maximum penalty of up to 364 days in jail and/or a $5000 fine.

If a DV assault involved a weapon or resulted in serious bodily harm such as a broken bone and/or stitches, then it would likely be charged as Domestic Violence Assault in the 2nd Degree, which is a class B felony and carries a maximum penalty of 10 years in prison and/or a $20,000 fine.

 

[zddoodah]

Is it illegal to not disclose arrest record to existing employer if that arrest occured during employment (not an event before joining)?

Absent very unusual circumstances, no. What is the nature of your employment and your employer's field of business?

If not disclosed, can the employer terminate if they get know about this as part of their normal background check process for existing employees (if such practice exists)?

Most employment in the U.S. is "at will." That means the employee may legally quit at any time and for any reason, and the employer may fire the employee at any time and for any reason that is not expressly illegal (e.g., discrimination on the basis of race/ethnicity, gender, religion, etc.).

 

[Jaic]

Legality isn't an issue IF the employer isn't a governmental entity.

If the employer is a privately owned or publicly traded enterprise, your employment will probably be terminated upon the discovery of your lie.

If your lie is discovered before you're hired, you'll probably NOT be offered an employment opportunity once your deceit is uncovered.

Honesty remains the best policy.

Treachery, lies, deceit will eventually be discovered.

In some cases, other employees will snitch you out to the appropriate official of the employing organization.

If you fail to disclose you're out on personal recognizance bond relative to a gross misdemeanor charge, maybe a felony, your employment will probably be terminated, if you survive the background check.

Domestic Violence Assault in the 4th degree (DV Assault 4) is the most common domestic violence charge in Washington State. It is defined by RCW 9A.36.041 and describes any unwanted touching against a family or household member as assault—persons qualify as a family or household member if they are:

Spouses or former spouses
Intimate partners
Domestic partners or former domestic partners
Persons who have a child in common, regardless of whether they were married or lived together at any time
Persons aged sixteen or older who are currently residing together or people who have resided together in the past and have dated or are currently dating
Family members
Persons aged sixteen or older who are in a dating relationship or have dated in the past
This crime is a gross misdemeanor and carries a maximum penalty of up to 364 days in jail and/or a $5000 fine.

If a DV assault involved a weapon or resulted in serious bodily harm such as a broken bone and/or stitches, then it would likely be charged as Domestic Violence Assault in the 2nd Degree, which is a class B felony and carries a maximum penalty of 10 years in prison and/or a $20,000 fine.

Thank you for your response.

My employer is a publicly traded enterprise (technology domain). And, I'm an existing employee. The incident I'm talking about happened while I'm an employee; so I haven't lied or concealed any information while joining (this event occurred years after my joining).

I agree that being honest is the best policy. I'm not sure if to disclose now or after the criminal case is disposed (may be two more months). I'm trying to understand what are the legal implications from Employment Law standpoint in doing one or the other.

Will pending criminal charges result in my termination if I disclose now; or will it be advisable to disclose after disposition so if it acquittal, there are no/less chances of termination? I'm looking for opinion or guidance on these lines.

 

[Jaic]

Absent very unusual circumstances, no. What is the nature of your employment and your employer's field of business?



Most employment in the U.S. is "at will." That means the employee may legally quit at any time and for any reason, and the employer may fire the employee at any time and for any reason that is not expressly illegal (e.g., discrimination on the basis of race/ethnicity, gender, religion, etc.).

I'm a Full-Time Employee with a public traded enterprise in technology domain.

 

[Zigner]

Will pending criminal charges result in my termination if I disclose now; or will it be advisable to disclose after disposition so if it acquittal, there are no/less chances of termination? I'm looking for opinion or guidance on these lines.

There is no way a bunch of internet strangers can answer your question.

 

[retic]

If you hold a security clearance you should have disclosed already.

 

[adjusterjack]

I'm trying to understand what are the legal implications from Employment Law standpoint in doing one or the other.

It's been already stated that this has nothing to do with employment "law."

Will pending criminal charges result in my termination if I disclose now; or will it be advisable to disclose after disposition so if it acquittal, there are no/less chances of termination? I'm looking for opinion or guidance on these lines.

Whether your pending charges result in termination is entirely up to your employer. There is no way to predict or advise. The decision is yours.

 

[army judge]

I'm not sure if to disclose now or after the criminal case is disposed (may be two more months). I'm trying to understand what are the legal implications from Employment Law standpoint in doing one or the other.

This is what most people in your position would do.

A person accused of a crime should ONLY discuss her/his case and the surrounding events with her/his criminal defense attorney.

Have you spoken with your criminal defense attorney about how best to address this unfortunate arrest with your employer?

 

[zddoodah]

Will pending criminal charges result in my termination if I disclose now; or will it be advisable to disclose after disposition so if it acquittal, there are no/less chances of termination?

Unless there is a legal reason why your company might need to know (e.g., if it is a government contractor) and/or there is a policy to disclose these things, I can see no reason why you ought to disclose something that apparently has nothing to do with your employment, unless your criminal attorney advises you to do so.

We have no way of knowing whether your employer will take adverse action if it becomes aware of the situation. If it is inclined to do so, it will do so whether it learns about it from you or independently.

One other thing to note is that some states have laws that prohibit employers from taking adverse action against employees on account of things that have nothing to do with the employment relationship. I don't know the state of Washington law on the subject.

 

[Jaic]

If you hold a security clearance you should have disclosed already.

No, I do not hold.

 

[Jaic]

It's been already stated that this has nothing to do with employment "law."



Whether your pending charges result in termination is entirely up to your employer. There is no way to predict or advise. The decision is yours.

Got it, thank you.

 

[Jaic]

This is what most people in your position would do.

A person accused of a crime should ONLY discuss her/his case and the surrounding events with her/his criminal defense attorney.

Have you spoken with your criminal defense attorney about how best to address this unfortunate arrest with your employer?

Yes, my criminal defense attorney advised not to disclose/discuss with anyone except attorney. If I have further questions, he advised me talking to Employment Law attorney.

 

[Jaic]

Unless there is a legal reason why your company might need to know (e.g., if it is a government contractor) and/or there is a policy to disclose these things, I can see no reason why you ought to disclose something that apparently has nothing to do with your employment, unless your criminal attorney advises you to do so.

We have no way of knowing whether your employer will take adverse action if it becomes aware of the situation. If it is inclined to do so, it will do so whether it learns about it from you or independently.

One other thing to note is that some states have laws that prohibit employers from taking adverse action against employees on account of things that have nothing to do with the employment relationship. I don't know the state of Washington law on the subject.

Thank you for your insight; it is helpful.

 

[justblue]

Yes, my criminal defense attorney advised not to disclose/discuss with anyone except attorney. If I have further questions, he advised me talking to Employment Law attorney.

Then why are you posting on a public website, asking random people for their opinion/advice? Follow your attorney's guidance and stop posting about your criminal case on the internet.

 

[Tax Counsel]

Yes, my criminal defense attorney advised not to disclose/discuss with anyone except attorney. If I have further questions, he advised me talking to Employment Law attorney.

You don't need to volunteer the arrest record if you are not asked about arrests or convictions. But it can be a problem to lie about it if you are asked. That can amount to fraud unless there is a law in your state stating that you don't have to disclose that record to employers.