Can I be denied a job due to a dismissed misdemeanor?

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Can I be denied a job due to a dismissed misdemeanor?

Asked on April 10, 2012 under Employment Labor Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can always be denied a job based on any number of factors. An obligation to hire is not required as long as the reason not to hire is not based on discrimination usually recognized by the law and courts as discrimination. As to a dismissed misdemeanor, if this is say a federal or government position, you should be able to have the opportunity during the application process to prove the case was dismissed. If dismissed, try to see if you qualify to have it expunged so it is erased (arrest, charges, court documents) from your record.


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