A Former Prosecutor Defending Clients in Wyoming and South Dakota
If you’ve been charged with assault in Wyoming, you may be wondering whether your employer will find out about your criminal charge, and whether you are obligated to tell your employer about it.
In the American legal system, you are innocent until proven guilty. Unless you signed a contract that obligates you to disclose any criminal charges to your employer, you are not required to tell your employer if you have been charged with assault, or any other crime.
Likewise, even if you are convicted, you are not obligated to inform our employer of the conviction unless the conviction would impact your ability to perform your job. For example, if you drive for a living and lose your license as a result of a criminal conviction, you would be required to inform your employer. Likewise, if you work with children and are convicted of chid pornography, you would need to inform your employer. And if you were convicted of fraud or embezzlement and you work for a bank or as a financial advisor, you would need to inform your employer.
Nonetheless, an arrest for assault, even without a conviction, can complicate your employment prospects. Even if the case is dismissed, the arrest will still be on your record. Even though you may not be required to inform your current employer of an arrest, if you look for a new job a potential employer will probably perform a background check which would uncover your arrest record. Even though an employer may not technically be able to use the arrest against you, if all other things are equal between you and another candidates but you have an arrest for assault and the other candidates did not, the job will most likely be offered to the person without the assault charge.
In certain work environments, like teaching, where you are subject to peer review for promotions or state licensure, a criminal conviction could have a negative effect on your prospects for promotions and career advancement. While an assault conviction may not have a direct impact on your employment possibilities, an assault conviction could negatively impact your licensure and, therefore, your ability to earn a living.
Unfortunately, even though you are innocent until proven guilty, many employers are quick to judge and might terminate an employee if the employee is charged with assault. In Wyoming, most employees are employed “at will” which means that your employer can fire you for any reason that is not illegal. Illegal reasons for firing you would include discrimination based on gender, race, disability, or age.
Also, if your case ends up going to trial, it may be difficult to hide the fact that you will be required to miss work for court appearances and meetings with your lawyer. And depending on where you live, there’s a good chance your name may end up in the local newspaper. Other times, employers conduct routine background checks on employees, which might uncover the arrest. If you’ve been charged with assault, it’s usually better to tell your employer. It reflects better on your character, and gives you the chance to tell your side of the story.
Even though you may not be required to tell your employer about an assault charge, because criminal charges and conviction are easily accessible through a routine background check, an assault charge or conviction can have a devastating effect on your current and future employment.
If you’ve been charged with assault and are worried about your employer finding out, it’s usually better to clear the air with your boss before he finds out on his own. You could ask whether your job will be secure if you’re convicted. Reassure him that you’re still the same hard-working, trustworthy that he hired before the assault charge. A little reassurance from you can go a long way to help you stay employed.
If you are facing assault charges in Wyoming, it’s important that you work with a skilled and experienced criminal defense attorney. My team of criminal defense professionals can lessen the negative impact of an assault charge, and protect your reputation.
If you've been charged with assault in Wyoming, contact the team of criminal defense professionals at The Law Office of Christina L. Williams today. Call us at 307-686-6556, email firstname.lastname@example.org, or complete our online form.
DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.