Navigating Employment Denials Due to Pending Charges: Legal Strategies and Self-Reliance

Proper legal assistance and proactive steps can improve your employment prospects when facing denials due to pending charges on your record. Whether these charges are related to moral turpitude or not, seeking the right legal guidance can make a significant difference. Here, we explore available legal strategies and self-reliance measures to help you overcome potential employment hurdles.

Understanding Employment Denial Based on Pending Charges

Employment denial based on an arrest record without a conviction is a sensitive issue. In Illinois, for instance, it is considered a civil rights violation if an employer uses an arrest record to make a hiring decision. This practice undermines your rights, as the employer is unfairly acting as a judge or jury without the final conviction.

Furthermore, Illinois has implemented the ban the box law, which prevents employers from inquiring about criminal charges or arrests during initial application stages. This legislation ensures that an application cannot be rejected just because a candidate has been arrested. The process now requires a conditional job offer to be made first, followed by a background check. This is a progressive step in recognizing the rights of candidates to be judged fairly before any background checks are conducted.

Legal Strategies for Employment Denial Due to Pending Charges

It is crucial to understand your legal rights and seek appropriate legal assistance. For pending charges not linked to moral turpitude, you may file a Right to Know (RTI) application to obtain the reasons for your employment denial. If the denial is due to pending charges, you can file a writ petition to argue that the denial is illegal under current laws and regulations. This legal action could potentially order approval if you meet the necessary criteria.

Occasionally, legal representation can also encourage faster legal processes, such as a plea bargain for lesser charges or the dismissal of more serious charges. Depending on the circumstances, your lawyer might be able to negotiate a more favorable outcome that does not negatively impact your employment prospects.

Expunging Criminal Records and Getting into Business

One of the most significant barriers to employment with a pending charge is the potential inability to expunge your record. If the charges involve moral turpitude or you were wrongly accused, your lawyer can help initiate the process to have the record expunged. Moral turpitude charges, such as fraud, burglary, or assault, are far more difficult to expunge and may require additional legal strategies.

If you, unfortunately, did the act that led to the charges, your record will remain. In such cases, your best course of action might be to seek alternative income sources. Starting a business can be an effective way to circumvent the need for an employer's permission. By becoming your own boss, you can avoid the stigma of a criminal record and focus on building a successful career.

Entrepreneurship also offers unique opportunities for ascribed individuals to create and manage their own financial future, free from the constraints of traditional employment. With the right business plan and entrepreneurial spirit, you can overcome social and economic barriers associated with a criminal record.

Conclusion

Addressing employment denials resulting from pending charges requires a dual approach: seeking legal assistance and taking proactive measures towards self-reliance. Utilizing legal strategies like RTI applications, writ petitions, and plea bargains can help improve your employment prospects. Additionally, starting a business can provide a path forward where you can achieve economic independence without relying on the permission of others.

By combining legal advocacy with self-reliance, you can navigate the challenges posed by pending charges and achieve your professional goals.