Will A Job Hire You If You Have Criminal Charges Pending?

Employer Perspective Toward Candidates With Pending Charges 

Pending criminal charges indicate that formal accusations have been made, but no conviction has occurred. While the legal system presumes innocence until guilt is proven, employers often view these circumstances differently. For them, hiring decisions involve evaluating potential risks and benefits. 

Employers may hesitate to hire someone facing unresolved legal issues. A pending charge could signal future disruptions, such as missed work due to court appearances or complications if the case progresses unfavorably. This hesitation can be even greater for roles involving significant responsibility or public trust.  

Safety and reputation often weigh heavily in these decisions. Employers might worry about the perceived risks to colleagues, customers, or the business’s image. For instance, a retail company might question whether hiring someone with theft charges aligns with safeguarding its operations.  

Despite these concerns, not all employers view pending charges as dealbreakers. Some prioritize a candidate’s skills and potential, assessing whether the person fits the role well. Texas hiring practices and legal context also impact what you may face when seeking employment.

The Legal Landscape For Job Seekers In Texas

U.S. employers have significant discretion when considering candidates with criminal records, but some protections exist. The “ban the box” policy prohibits employers from asking about an applicant’s criminal history during the initial application process. It aims to allow job seekers to present their qualifications before their background becomes a factor.

Certain jurisdictions have adopted the “ban the box” policy in Texas instead of a statewide implementation. Cities like Austin and DeSoto enforce this approach for public and private employers. Although it remains limited to local levels as of 2024, these efforts reflect growing support for second chances and fair hiring practices.

Despite these measures, exceptions may apply in several industries. Positions requiring security clearances or involving work with vulnerable populations, such as healthcare, education, and childcare, often require upfront disclosure of criminal records. Similarly, certain jobs regulated by state or federal licensing boards might necessitate background checks before hiring decisions are made.

Private employers in Texas retain the right to investigate criminal histories at various stages of the hiring process. After a background check, unsettled charges or convictions may affect employment outcomes. This is especially true if they are relevant to the job or seen as a risk to the company.

Understanding these legal nuances can help you identify opportunities where your qualifications precede your record. With the right approach, you can focus on proactive strategies to present yourself as a strong candidate despite pending charges.

Strategies To Improve Your Employment Prospects

An unresolved criminal charge can feel like a significant hurdle, but it doesn’t have to define your job search. Thoughtful preparation helps highlight your strengths, build trust, and improve your chances of securing the right role.

Be Honest About Your Situation

When discussing pending charges, be direct but brief. Focus on providing the facts and emphasizing any steps you’ve taken to address the issue, such as rehabilitation programs or community involvement. This approach shows accountability and maturity, helping you build credibility with potential employers. 

Target Smaller Companies

Small businesses may be more open to hiring candidates with unsettled charges. They often prioritize qualifications and the ability to contribute to the team over strict adherence to corporate policies. Establishing a personal connection can improve your chances of being considered.

Network Effectively

Your professional network can open doors that traditional applications might not. Seek referrals or recommendations from trusted colleagues, attend events, and connect with professionals on platforms like LinkedIn. A strong recommendation can sometimes outweigh background concerns, helping potential employers see your value more clearly.

Use Legal Tools To Your Advantage

Deferred adjudication and expungement can reduce the impact of charges. Deferred adjudication may result in a case dismissal upon meeting specific conditions, while expungement can remove eligible records. These tools can limit what employers see during background checks, providing a clean slate in your job search.

Approaching your employment journey with a clear strategy and a positive mindset can make a meaningful difference. Legal guidance can further bolster your efforts, helping you take steps toward rebuilding your professional life.

The Medlin Law Firm Strongly Fights For Your Rights

The job search is a challenge in itself, but adding unresolved criminal charges can make it feel even more demanding. At The Medlin Law Firm, we provide legal solutions to help you overcome this burden and improve your career pursuit experience. 

We tailor our services to give you the strongest possible advantage. Our skilled attorneys work to reduce or dismiss charges, expunge eligible records, and guide you through your rights during the job search. We are committed to understanding your needs and fighting for favorable outcomes. Let us help you turn this chapter into an opportunity for a fresh start.

Summary

Pending criminal charges don’t have to define your future. You must understand employer concerns, know your rights, and apply wise strategies to take control of your job hunt. Legal tools like deferred adjudication and expungement further improve your chances of building the career you deserve.

At The Medlin Law Firm, we understand your challenges and are here to help. Our experience in Texas law allows us to provide personalized, results-driven support to address your legal issues and improve your employment opportunities.