How a Criminal Charge Can Impact Your Job in New Jersey
Arrested in NJ, Will this Affect my Job?
In 2014, New Jersey enacted a law called the Opportunity to Compete Act to limit an employers’ ability to ask employees about their criminal records. But despite this and other so-called “ban the box” laws, a criminal arrest and/or charge can have a variety of serious negative effects on your job, a number of which are discussed below. Continue reading for more information about the potential impact of criminal charges on employment in New Jersey, and please feel free to contact our New Jersey Criminal Defense Attorneys at Proetta & Oliver for answers regarding your specific case. You can contact us online or call our local office in Jersey City at (201) 793-8018 for a free consultation.
Can I be Fired based on Criminal Charges in Hoboken?
The NJ Opportunity to Compete Act limits how employers can use criminal histories during the screening and job application process. Although this law prevents employers from asking about criminal histories during the initial employment application process, it arguably does not prevent an employer from requiring an employee to report an arrest or criminal charge sustained following that employee’s date of hire.
This is particularly true for sensitive employment positions in law enforcement, banking, stock trading, investment advising, and elected or appointed positions in state, local, or federal government agencies, to name a few examples. If you are charged with a criminal offense, employers like these and many others may require you to disclose that offense, and they may take disciplinary action against you accordingly.
Will I Lose my Security Clearance if Convicted in Jersey City, NJ?
A wide range of industries require employees to obtain and hold various security clearances. These industries include defense contractors, aerospace companies, homeland security positions, and many others. If you are arrested for or charged with a crime, you may be required to disclose that arrest immediately or when you periodically renew your security clearance.
Depending on the nature of the charge, you may lose your clearance, potentially calling your job into question. Crimes relating to “moral turpitude,” which is a broad category that can include crimes of violence, sex crimes, and theft and crimes of fraud or dishonesty, are often the most damaging offenses in the context of security clearance, although other crimes may also cause problems, particularly if you do not report the arrest or charge as required.
Charged with a Crime in Kearny, Can I Lose my Professional License?
Sustaining a criminal charge or arrest, particularly for a crime of moral turpitude, can cost you your professional or occupational license. This can be true of doctors, attorneys who must report criminal conduct to their state bar, stockbrokers who hold FINRA registrations and licenses, commercial truck drivers, nurses, pharmacists, accountants, and other professionals who are otherwise subject to professional or occupational licensing boards. Commercial truck drivers may lose their jobs if they are convicted of DWI charges and lose their commercial driver’s license, for example. This may also be true for bus drivers, cab drivers, and employees of ride-sharing companies like Uber and Lyft.
How do I Protect Myself from Criminal Charges in Hudson County, NJ?
Although sustaining a criminal arrest or charge can lead to serious negative consequences, there are ways to protect yourself against the damage of being found guilty. If you are faced with criminal charges or dealing with the consequences of past arrests, you should consult a knowledgeable criminal defense attorney in NJ who can help you fight your charges or potentially help you expunge your record. Hiring an experienced criminal lawyer to defend you against any allegations, ranging from drug possession to domestic violence, is the best way to prevent a conviction in the first place. If you have already been convicted of a crime and are wondering about your ability to clear your record, these questions can also be addressed by an attorney at our firm. Call us today at (201) 793-8018 to speak with a criminal defense lawyer in Hudson County free of charge.