Do I Have to Tell My Employer If I Am Charged With a Crime?

Ali Hassan • October 14, 2025

No, you usually don't have to tell your employer about criminal charges unless your employee handbook or contract says you must. Most private employers don't have a legal rule that makes you tell them about an arrest or criminal charge. But you should always check your workplace policies first. The answer really depends on where you work, what your job is, and what your company's rules say.

Getting charged with a crime can turn your life upside down. You're probably worried about many things right now - going to court, paying fines, and maybe even jail time. But there's another big worry: your job. Will you lose it? Do you have to tell your boss? What if they find out anyway? These are normal questions that many people ask when facing criminal charges.

This article will help you understand when you need to tell your employer about criminal charges and when you can keep it private. We'll look at different types of jobs, what the law says, and how to protect yourself. Remember, every situation is different, so talking to a criminal defense attorney can help you make the best choice for your specific case.

What's the Difference Between Being Charged and Being Convicted?

Before we go further, let's clear up something important. Being arrested or charged with a crime is not the same as being convicted. An arrest just means the police took you into custody - it doesn't prove you did anything wrong. You're innocent until proven guilty in court.

Here's what these terms mean:

Arrested : The police took you into custody
Charged : The prosecutor filed official papers saying you committed a crime
Convicted : A judge or jury found you guilty

This difference matters a lot. Many employers can't refuse to hire someone just because they were arrested. The arrest itself doesn't prove the person did anything wrong. But a conviction is different - that's when the court says you're guilty.

When Private Employers Can Ask You to Tell Them

Check Your Employee Handbook First

Most private employers include their rules about reporting arrests in the employee handbook or employment contract. Some handbooks say you must tell them about certain types of criminal charges. Here's where to look:

Your employee handbook
Your employment contract
Company policies and procedures
Offer letters or hiring paperwork

If your handbook says you must report arrests or charges, then you need to follow that rule. Not telling your employer when you're required could get you fired for breaking company policy. That gives them two reasons to fire you - the charge itself and not following the rules.

Jobs That Usually Need to Know

Some jobs have special rules about reporting arrests:

If you drive for work (like truck drivers with a CDL), employers often need to know about DUI charges because it affects your ability to do your job
Jobs that need security clearances
Healthcare workers, teachers, and people who work with children or elderly people
Jobs in banking or finance, especially if charged with fraud or theft
Anyone who carries a company vehicle

What Happens in At-Will Employment States

Most states have "at-will" employment, which means your employer can fire you for almost any reason that's not illegal. In these states, an employer can fire you for being charged with a crime or for not telling them about it. It's a tough spot to be in.

Think about it this way:

If you tell them, they might fire you for the charge
If you don't tell them and they find out, they might fire you for not being honest
Not telling them when required can be seen as breaking trust

Government Jobs Have Different Rules

If you work for the government (federal, state, or local), you probably have to report arrests or charges. Many government agencies have strict rules about this. Some government jobs even require you to report an arrest within 24 hours.

Government employees often need to maintain:

Security clearances
Public trust positions
Background check requirements

Federal agencies can suspend employees without pay if they reasonably believe the employee committed a crime that could lead to jail time. They don't have to wait for a conviction.

Professional Licenses Need Special Care

If you have a professional license (like doctors, nurses, lawyers, real estate agents, or pharmacists), you usually must report arrests when you renew your license. Not reporting when required could cost you your license, even if the charges get dropped later. The licensing board might see not reporting as dishonest.

Each profession has different rules:

Doctors and pharmacists who mishandle controlled substances face serious consequences
Law students must report any arrest on their bar exam application. Not reporting can stop them from ever becoming a lawyer.
Accountants convicted of financial crimes could lose their license because it relates directly to their job duties

Always check with your licensing board about their specific rules. When in doubt, ask a lawyer who knows about professional licensing.

How Your Employer Might Find Out

Even if you don't tell your employer, they might find out anyway. Here's how:

Background checks include pending cases, not just convictions
Mugshots get posted online, and coworkers might see them
Many counties post lists of arrests in local news
You might miss work for court dates or jail time
Someone might tell them

This is why it's sometimes better to tell them yourself. At least then you can explain your side of the story.

Should You Tell Your Boss?

This is a hard choice with no perfect answer. Here are some things to think about:

Reasons to Tell Them

Your handbook requires it
They'll probably find out anyway through background checks
You'll miss work for court
Being honest might show good character
The charge relates to your job duties

Reasons Not to Tell Them

No company rule requires it
The charge has nothing to do with your job
Just being accused can hurt your reputation, especially for crimes that suggest bad character
You might beat the charges

Talk to a Lawyer First

Before telling your employer, talk to a criminal defense attorney. They can help you understand whether you must report and how to explain things if you do. Talking about your case with your employer could make them a witness, so get legal advice first.

What About Background Checks?

Under the Fair Credit Reporting Act (FCRA), employers must get your permission before running a background check. They also must tell you if they plan to take action based on what they find. This gives you a chance to explain or fix any mistakes.

Remember:

Background check companies usually can't report arrests older than seven years, but they can report convictions forever
Some states have "ban the box" laws that stop employers from asking about criminal history on job applications
In California, employers can't ask about arrests that didn't lead to convictions

Your Rights Under the Law

Federal law says employers can't discriminate based on race or national origin when considering criminal records. For example, they can't refuse to hire Black men with felony convictions but hire white men with the same convictions.

Also, if a policy rejects many more people of one race or gender, it might be illegal discrimination unless the policy closely relates to the job. The Equal Employment Opportunity Commission (EEOC) may find discrimination if an employer treats people differently based on protected characteristics.

Tips for Handling This Situation

If You Must Report

Be honest but brief
Remind your employer of your good work and contributions
Ask them to wait for the case outcome before making decisions
Tell them you've hired an experienced attorney and expect a good outcome
Focus on how you'll keep doing your job well

If You Choose Not to Report

Make sure you're not breaking any company rules
Be ready in case they find out
Don't lie if asked directly - that breaks trust and could get you fired
Keep doing your job well
Save money in case you lose your job

Either Way

Don't post about your charges on social media - employers might see it
Ask your lawyer about getting records expunged or sealed if charges are dropped
Keep copies of all employment documents
Document your good work performance

What If You Work in Rhode Island?

Rhode Island has a "ban the box" law that stops employers from asking about arrests on job applications. But they can still ask in interviews or run background checks. Some Rhode Island government jobs, like City of Providence employees, must report arrests within 24 hours.

If you're facing criminal charges in Rhode Island, the experienced attorneys at Inman & Tourgee can help you understand your rights and options. We've handled hundreds of criminal cases and can guide you through both the legal process and employment concerns.

Common Mistakes to Avoid

Panicking and telling everyone : Don't act out of fear and emotion. Talk to a lawyer first.
Lying when asked directly : This almost always makes things worse
Missing work without explanation : Violating attendance policies gives them another reason to fire you
Not checking your handbook : You need to know your company's rules
Waiting too long to get legal help : The sooner you have a lawyer, the better

How Different Charges Affect Your Job

Not all criminal charges are the same in your employer's eyes:

Charges That Worry Employers Most

Theft or fraud (especially in finance jobs)
Violence (especially in healthcare or education)
DUI (especially if you drive for work)
Drug charges (especially in safety-sensitive positions)
Sex offenses (especially working with vulnerable populations)

Charges That Might Matter Less

Minor traffic violations
Old charges from many years ago
Charges unrelated to your job
First-time offenses
Non-violent misdemeanors

What Happens After You Tell Them?

Many employers wait to see what happens with your case before making decisions. They might:

Let you keep working normally
Suspend you while reviewing the charges
Move you to different duties
Fire you immediately (in at-will states)
Put you on leave until the case ends

If you're found not guilty or charges are dropped, hopefully your employer will move on. But there's no guarantee.

Getting Help From a Criminal Defense Attorney

Facing criminal charges is scary enough without worrying about your job too. A criminal defense attorney can help you minimize how charges affect your work. They can:

Review your employment contract and handbook
Advise whether you must report
Help you explain charges to your employer if needed
Work to get charges dropped or reduced
Fight for outcomes that protect your job

At Inman & Tourgee , our Rhode Island criminal defense attorneys understand how criminal charges affect every part of your life, including your job. We work hard to get the best outcome for your case while helping protect your employment.

Special Situations

Multiple Jobs

If you have more than one job, check each employer's rules. You might need to tell one but not the other.

Job Hunting

Many states have "ban the box" laws that stop employers from asking about criminal history on applications. But they can still ask later in the hiring process. Be ready to explain your situation honestly if asked.

Union Members

If you belong to a union, check with your union representative. They might provide extra protection or require certain steps.

Contract Workers

Independent contractors usually don't have to report arrests unless their contract says so. But clients might still end the contract if they find out.

Final Thoughts

There's no easy answer about whether to tell your employer about criminal charges. For private employers, you usually don't have a legal duty to tell unless your handbook or contract requires it. Government employees and licensed professionals often must report arrests or charges.

The smart move is to know your company's rules, understand your rights, and get legal help right away. Your main focus should be fighting the charges and getting the best outcome for your case. A good result in court can help protect your job too.

If you're facing criminal charges in Rhode Island, don't go through it alone. The attorneys at Inman & Tourgee have over 125 years of combined experience helping people through tough times like this. We'll review your case, explain your options, and fight for the best outcome. Call us at (401) 823-9200 or contact us online for a consultation.

Remember, being charged with a crime doesn't mean your life is over. With the right help and smart choices, you can get through this and protect your future.

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