Is it legal to refuse employment to an person who has a misdemeanor on their record?
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Is it legal to refuse employment to an person who has a misdemeanor on their record?
It is 4 years old, non-violent and does not involve theft in any way; it was for Public Intoxication. Will this show up on a background check for a position I am applying for? Could this keep me from employment with the company I am applying for?
Asked on June 19, 2012 under Employment Labor Law, Virginia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Virginia, like many states, adheres to at-will employment principles. This means that an employer and employee can enter or end the employment relationship at any time for any reason (as long the reason is not an illegal purpose--like gender discrimination). In the context of your question, it will depend on the preferences of your future employer. Many won't be concerned-- it's a misdemeanor, it's older, it's not for theft, you didn't hurt anyone. However, some employers will consider it if it shows up on a background check. Because it's a public intox charge, it may or may not show up depending on how detailed the company performing the search. Some will focus on felonies and higher level misdemeanors. Others will get every public record they can. In the end, whether or not this will affect you will depend on the potential employer and the background company they use. If they want to use it as a basis to decline you employment, they can.
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