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Charlotte Law Blog

Do I Have to Report a Drug Conviction to My Employer?

On behalf of Randall & Stump, PLLC in Drug Charges, Drug Crimes on Thursday, August 23, 2018

 

If you are convicted of a drug crime, you have to consider how it will affect your employment. Maybe you are looking for a new job, and you wonder whether you need to declare the conviction on your application. Or, perhaps you have a pending case or were convicted while working your current job. In this situation, you might be wondering if you need to tell your boss or if you will lose your job once your employer finds out.

If you have a pending drug case and have questions regarding how to handle drug charges or a conviction, contact Randall & Stump, PLLC today. Call us today at (980) 237-4579 to schedule a free and confidential case consultation with a Charlotte drug lawyer.

Employers Can Ask About Your Criminal Record

When you apply for a job, the company can ask you whether you have criminal convictions on your record. If you are specifically asked, you need to answer honestly. If a business finds out you lied on your application, you will not likely get the job. If you were hired, you may face dismissal if you lied. You may wonder how a business will find out, and the answer is simple: a background check. A majority of employers conduct background checks before offering a position to an applicant, or before formally hiring them. After answering questions about your criminal history on your application, a company will likely take all your convictions into consideration.

“Ban the Box” Initiatives in North Carolina

Many lawmakers and organizations support a “Ban the Box” law, which would make it so that certain types of employers could not ask if applicants had ever been convicted of a crime. North Carolina does not have such a law, but certain cities and private companies have moved ahead with this type of initiative. Businesses such as Koch Industries, Home Depot, and Walmart do not ask applicants about prior convictions.

Wake County, Durham County, Forsyth County, Buncombe County, Cumberland County, Mecklenburg County, Asheville, Carrboro, Durham, Charlotte, Spring Lake, and Winston-Salem have Ban the Box policies. If you apply for a city or County government position in these areas, you will not be asked on the application if you have a drug conviction unless the issue is related to your job.

However, there are exceptions to Ban the Box laws. For example, in Forsyth County, the Sheriff’s Office will still ask about an applicant’s criminal history.

You Do Not Need to Disclose Expunged Convictions

In North Carolina, if a court expunged your conviction, then you do not have to put it on a job application or admit to it in an interview. When an arrest, charge, or conviction is expunged, it is as if it never happened. Under the law, enacted in 2013, employers cannot ask you to provide information about expunged arrests, charges, or convictions.

You May Not Need to Inform a Current Employer

Whether or not you need to inform your employer of an arrest or conviction depends on a provision in your contract or an employee handbook. If there is nothing that necessitates you informing your employer, you may choose not to. At that point, your decision depends on your relationship with your employer and whether or not you believe you would be dismissed for sharing information about your past.

Do Not Be Afraid to Contact a Drug Lawyer with Your Questions

At Randall & Stump, PLLC, we understand that the possibility of a drug conviction in North Carolina can lead to a lot of questions and concerns. We are here to help you during a pending drug case. To schedule a free, initial evaluation of your case, call us today at (980) 237-4579, or reach out through our online form.