Q: Can a KY public school use arrest records without conviction to decide not to hire?
I am applying for a coaching job at a public school, and I have two previous arrests involving drugs and minors; however, both charges were dismissed, and neither resulted in a conviction. I did not disclose these arrests in my application since they resulted in dismissed charges, but I am aware there will be a background check. Can the school system use these arrest records as a reason not to hire me?
A: Yes. Whether they will or not is a different story. You probably should have them expunged from your record as a safety precaution.
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A:
In Kentucky, public schools typically conduct background checks on candidates applying for positions, including coaching roles. While arrests that do not lead to convictions generally cannot be used to disqualify someone from employment, the school may still consider them in certain circumstances. Schools often have policies about how to evaluate arrest records, especially when the charges involve minors or other sensitive issues.
Even though your charges were dismissed, it's possible that the school could consider your arrest record as part of their overall decision-making process. Some employers, particularly those working with children, may view any involvement with the criminal justice system as a red flag, even if there was no conviction. However, they are generally required to give more weight to convictions than arrests without convictions.
It’s a good idea to be prepared for the background check and to disclose your past arrests if asked. If you’re concerned about how the school may view your situation, you might want to address the issue upfront during your interview. Be honest about the circumstances and emphasize that the charges were dismissed, which may help clarify the situation and show your integrity.
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