Will I Lose My Job If Arrested.

An arrest alone does not automatically necessitate termination of employment. However, the impact of an arrest on your current job can vary considerably depending on several factors. While employers may have policies that trigger disciplinary actions or termination upon arrest, there is no uniform federal law requiring such measures in all cases. Employers may also factor in the employee's job performance history and the nature of the offense when making informed decisions.

While pending criminal charges are not the same as a criminal conviction, they can still significantly influence employment decisions. Employers may view pending charges as evidence of misconduct, potential future risk, or reputational harm, particularly in high-profile cases. In many situations, an employer may choose to suspend an employee while investigating the criminal allegations. This suspension can be paid or unpaid, and the ultimate outcome depends heavily on the results of the employer’s internal investigation as well as the legal process.

Additionally, charges can have immediate implications for workers’ roles and responsibilities. For example, employers may reassign duties, restrict access to certain tools or information, or impose strict limitations on work duties after charges are filed. These measures can significantly impact an individual’s ability to effectively perform their job and can increase the potential for termination if the limitations are incompatible with the role’s requirements.

Offense relevance also plays a crucial role in how an employer responds to an arrest. An arrest for an offense related to an employee’s job duties significantly increases the risk of adverse employment consequences. For example, a person arrested for financial fraud or dishonesty is more likely to face employment repercussions in a financial or compliance-related role than someone arrested for an unrelated offense. Employers often perceive specific types of offenses as posing a greater threat to their operations, professional reputation, and overall workplace environment. Offenses involving violence, dishonesty, or substance abuse, in particular, can create substantial employer concern. In many instances, employers view these offenses as red flags that may warrant immediate removal or severe disciplinary action, regardless of the individual’s previous employment track record or role.

Which Employment Rules Control Whether Discipline Is Allowed?

In the United States, most employment relationships are governed by at-will employment principles. As we explain on our Iowa and Florida pages, at-will employment essentially means that an employer can generally terminate employees for lawful reasons (i.e., for any reason that does not violate federal or state law). However, while employers have wide latitude in many circumstances, certain contractual and legal protections can shield employees in some cases.

Employees covered by union agreements or collective bargaining agreements (CBAs) often have enhanced protections against immediate termination after an arrest. These agreements typically establish grievance and arbitration procedures and may require employers to issue warnings or other forms of progressive discipline for minor charges before initiating termination proceedings. This can prevent a sudden job loss and provide employees with an opportunity to address the allegations or resolve the case before their employment status is negatively affected.

Fixed-term employment contracts can also present barriers to immediate termination. If an employee’s contract expressly prohibits termination before a specified date unless there is “cause,” the employee may have a legal claim for wrongful termination if an employer fires them solely based on pending criminal charges, especially if the charges have not yet resulted in a conviction. Employers may still be able to justify termination in some cases, but the requirements for demonstrating “cause” will depend on the terms of the specific employment agreement.

The process for disciplining or terminating employees in the public sector often includes specific procedural protections that are not present in the private sector. Public employees who have a constitutionally protected property interest in continued employment are generally entitled to some pre-termination opportunity to respond before termination. However, these protections do not necessarily prevent termination, but they do provide employees with the opportunity to present a defense or request additional time before their employment status is irrevocably changed.

Interestingly, in some cases, statutory language may explicitly allow public employers to discipline or terminate employees based on charges alone. For example, in New York, an arrest or criminal accusation that is no longer pending and ended favorably generally may not be the basis for an adverse employment action, subject to statutory exceptions. These specific rules underscore the importance of understanding the applicable laws and contract provisions in any employment situation following a federal arrest or criminal charges.

“I am a straight shooter,” Todd Spodek says of his own practice. “I tell clients exactly where their case stands.”

How Can Records Affect Licensing and Future Hiring?

When applying for a new job, renewing professional licenses, or seeking a promotional opportunity, background reports may play a significant role. These reports often include records of arrests, pending charges, criminal convictions, and court-ordered dispositions. Even if a criminal case does not lead to a conviction, the mere fact of an arrest and subsequent charges can appear on a background check, which may prompt questions or concerns from potential employers or professional licensing boards. This makes it imperative for individuals to proactively manage their public records and understand the long-term implications of federal criminal records.

A key point to consider is that, even if a case is ultimately dismissed or no charges are filed, the record of the arrest and the pending charges can remain visible on background reports. Unless a record is sealed or expunged, the underlying criminal history persists, posing the risk of negative scrutiny. In Florida, individuals have the right to petition to have their records sealed or expunged under specific circumstances, which can help remove or restrict access to these records and reduce the risk of them affecting employment or licensing opportunities in the future.

The right to petition for a criminal record expungement is governed by Florida Statute § 943.0585, among other statutes. Eligibility for expungement depends on several statutory conditions as well as the specifics of each individual case. A court-ordered expunction requires criminal-justice agencies to destroy or obliterate the record, but FDLE must retain the expunged record confidentially, and courts retain jurisdiction over their own records. This process can effectively clean up an individual’s criminal record, reducing or eliminating the potential for future employment consequences.

Sealing of criminal records is another available option under Florida law, with the process governed by Florida Statute § 943.059, among other statutes. Sealing a record differs from expungement in that it restricts public access rather than removing the record entirely. When a record is sealed, it will no longer appear on a public background check, though it may still be accessible to government agencies, law enforcement, and other authorized entities in specific circumstances. This provides a layer of privacy and protection while allowing the record to remain available to authorities when necessary.

What Consequences Can Outlast the Criminal Case?

In some cases, the consequences of a federal arrest or conviction can continue long after the underlying criminal case has been resolved. This is especially true in highly regulated or government-related professions. Individuals in certain roles may face employment-related challenges even if they avoid a conviction. If your situation presents a significant risk for professional licensing or other collateral consequences, talking to a lawyer can be a good next step. Here are examples of long-term consequences beyond the criminal case:

Positions Requiring Federal Security Clearances

For positions requiring federal security clearance, arrests and convictions can have far-reaching implications. Many of these roles involve strict investigations into employees’ backgrounds and character, and reportable criminal conduct, including arrests, may prompt reporting and further investigation or adjudication. Even if a criminal charge is not the case’s final outcome, the risk involved in federal security clearances may lead employers to suspend or terminate individuals in such roles.

Probation Conditions Affecting Employment

Individuals who receive probation as a result of their criminal convictions will also face restrictions and obligations that can negatively affect their ability to keep their current jobs. Probation requirements, such as mandated counseling sessions, meetings with probation officers, attending specific classes, and completing community service, can become significant obstacles to maintaining a job or attending to work responsibilities. In some cases, probation travel restrictions can make it impossible to continue working in jobs that require travel, which could potentially lead to job loss.

Inability to Work with a Security Clearance

Similar to those employed in federal security-clearance positions, those who are denied security clearances after a background check may face trouble securing employment in various government sectors or roles related to security. Background reports that include arrests, pending charges, and convictions can create hurdles when it comes to maintaining or obtaining security clearances.

Immigration Consequences of Criminal Convictions

Finally, criminal convictions can also lead to immigration consequences, including the loss of residency status and deportation for non-citizens.

Speak With Counsel Before You Answer Anything

If agents have contacted you, the order matters: counsel first, answers second. Spodek Law Group has been practicing since 1976 and defends federal matters nationwide, coast to coast, from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028.