Boston, MA asked in Employment Law for Rhode Island

Q: if someone was charged with a crime and went to court and everything was disposed of can employer hold it against you

they went on line under court documents and said they needed a bci check before you can continue to work here after working there for 11 years

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2 Lawyer Answers
Bernard P. Healy
Bernard P. Healy
Answered
  • Pawtucket, RI
  • Licensed in Rhode Island

A: You probably pled guilty or nolo contendere when you disposed of the case. You are probably an "employee at will" and your employer can discharge you for that long ago criminal conviction. While this can be very unfair your employer's actions are not illegal unless the real motivation was discriminatory.

Neville Bedford agrees with this answer

Neville Bedford
Neville Bedford
Answered
  • East Providence, RI
  • Licensed in Rhode Island

A: Attorney Healy has answered your question accurately. I would further suggest you meet with an attorney to evaluate whether you may qualify to petition the court to expunge or seal the matter.

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