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Marc
Marc, Attorney at Law
Category: Employment Law
Satisfied Customers: 122
Experience:  Experienced Attorney
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I am waiting on my clearances to work at the airport. Not a

Customer Question

I am waiting on my clearances to work at the airport. Not a high level security job just bartending. I am no convictions on my record. I have a pending felony charge ( that will be dismissed) in December. My question will the pending charge stop me from receiving my clearances or is that based strictly on convictions. I was hoping since we are supposed to be innocent until proven guilty that it would not hold up my badging process?
Submitted: 23 days ago.
Category: Employment Law
Expert:  Marc replied 23 days ago.

Hello. My name is Marc. I am a licensed attorney and I will be happy to answer your question. I can imagine your anxiety over this. If you have no convictions, you should be ok.

I know that doesn't sound 100% reassuring. The main question is whether you were arrested in relation to the felony. The fact is, even if you have no convictions, arrests typically appear in any criminal background check. It will show the date you were arrested, jurisdiction, and charge. BUT, it will also show the disposition (e.g., dismissed).

If you were not arrested, the existence of the case may appear, but it is less likely.

In your case, if you were arrested, the record will likely show the matter as pending. It's frustrating, I know. It's a black mark on your record even though you haven't been convicted. However, that's why most job applications ask job seekers to list only convictions. The bar/restaurant where you are applying for a job may well not care that you were arrested, as long as you weren't convicted. As for any enhanced security requirements for working in an airport, federal regulations would only bar you if you were convicted. Even then, you would have had to be convicted of a "special offense", which includes pretty serious crimes.

In sum - your prospective employer might find out that you were arrested. If so, your employer might not care. And the fact that the job is in an airport does not make it any more likely that you would be denied the job.

Overall, I would say the odds are in your favor, so I hope this eases your anxiety somewhat (I wish I could guarantee a favorable outcome, but I'm afraid I cannot).

I hope you found this info useful. If so, please be sure to rate my answer, since that is the only way I can receive credit.

Good luck!

Marc

Customer: replied 23 days ago.
Thank you Marc. I am ok with the employer side of the issue. I was just unsure about the badging process thru the airport. Everything I could find seemed to show that I would be ok. It looked like you had to be convicted of a Felony to have any issues receiving your security base. I couldn't find anything on pending charges. I just wanted to make sure ( the best that I could I know nothing is ever 100% concrete) but I wanted to ask someone with more knowledge than me on the subject about pending charges and if they were able to deny my security clearance on a pending charge or not ;-)Thanks!!
Expert:  Marc replied 23 days ago.
Your very welcome! I'm glad you expect no problem with the employer. That's the part I was more concerned about. I hope you'll be behind the bar ASAP!
Cheers,
Marc