Reporting My Virginia Prosecution to My Employer - Must I?
Reporting your Virginia DUI or other criminal prosecution- Fairfax criminal lawyer on whether, when and how to let your employer know
Reporting a Virginia DUI or other criminal prosecution to one's employer is a key concern of my clients and potential clients. As a Fairfax criminal lawyer, I tell them that question is best answered by an employment lawyer. At the same time, I tell them that people working for non-governmental organizations are commonly employees at will, meaning that the employer may terminate them for virtually any reason other than such protected status as race, gender, national origin, and religion. Furthermore, a Virginia criminal defendant can check whether any employment contract or employee handbook/manual or other written employee directives require reporting a pending prosecution. If you are a government employee or work for a government contractor, you will want to know about the reporting laws relating to government employees and government contractors.
Must security clearance holders report arrests to their employer or facility security officer (FSO)?
As a Fairfax criminal lawyer, long ago I learned from a security clearance lawyer that federal security clearance and public trust holders need to report a pending arrest to the appropriate person. Security Executive Agent Directive 3 at section H.2.c. This federal agency website provides for telling the following people of a pending arrest: "Military members: Talk to your recruiter or Security Officer at your service duty station. Federal civilians: Talk to your agency’s Security Officer or Human Resources office for guidance on to whom you should report. DoD [Department of Defense] contractors: Talk to your company’s Facility Security Officer [FSO]." As a Virginia criminal defendant, you have a right to remain silent for your criminal case. Know what you can avoid saying in reporting your pending arrest to your security clearance manager. My understanding is that it should be sufficient to report the basic public information of your prosecution. For instance: "I am contacting you to fulfill any obligation I have to report a new arrest. Yesterday, I was arrested for an alleged Virginia DUI offense by the Fairfax County police. My next court date is _________. I expect to have a lawyer hired by ________, in the event you seek further information about this matter."
Will a pending Virginia DUI prosecution get me ejected from the military even before my case is adjudicated?
Sadly, the military may separate a uniformed member from the military even before their case is adjudicated as not guilty, guilty or dismissed in court. Military commanders have wide leeway about separating uniformed military members or not, whether due to a pending or convicted criminal case. That alone is a good reason to obtain a qualified Virginia DUI or criminal lawyer to defend you. As part of my service to my clients, I am more than willing at my client's request to tell their employer the non-confidential details of their case and to put their case into proper perspective.
Should I obtain a lawyer's advice before deciding whether I have to report a pending Virginia prosecution, and to decide what wording to use for such a disclosure?
You do not want to untimely disclose your pending Virginia DUI, felony or misdemeanor prosecution when you are required to do so. If you already have a Virginia criminal defense lawyer during the timeframe that you are required to make such a report, then you may wish to talk with that lawyer about any advice your attorney has about such reporting.
Will my criminal charges and convictions show up in a background check by my current and potential employers?
My clients often ask if their criminal cases with me will show up in a background check by their current employer or a potential employer. Related to that is my clients who say they want the result of their case to be no record of the prosecution, which either means that the Virginia criminal defendant wants an acquittal or dismissal, or to add to that an expungement of their case. In any event, while an adult's criminal case is pending in a Virginia trial court, their case is likely to be visible online here (for instance) except for with the Fairfax Circuit Court and several other Virginia Circuit Courts whose dockets are not available online. Consequently, a Virginia criminal defendant will want to decide whether, when and how to take proactive steps to defang what happens if their employer or potential employer learns of their online criminal record.
Fairfax criminal lawyer Jonathan Katz knows that your defense against a Virginia DUI, felony and misdemeanor prosecution is critical both for the case at hand and for any collateral fallout from a prosecution and conviction. Call 703-383-1100 for your free initial in-person consultation with Jon Katz about your court-pending Virginia prosecution