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Husband is gov employee and was convicted of a misdemeanor…

Customer Question
Husband is gov employee...

Husband is gov employee and was convicted of a misdemeanor something w/prostitution. 1yr unsupervised probation. applied for another position was denied. did not pass background check. now they want records. does he have to give them?

Lawyer's Assistant: Have you documented this or discussed it with HR?

No never told anyone afraid of loosing current position

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He is a disable vet..diagnosed with schizophieiana

Submitted: 8 months ago.Category: Employment Law
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Answered in 2 minutes by:
10/3/2017
Employment Lawyer: Gerald, Esq, Attorney replied 8 months ago
Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 5,232
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Employment Lawyer: Gerald, Esq, Attorney replied 8 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The arrest and court records are public records so the agency can obtain them easily enough.

There are some steps that he can take to protect himself:

1) Check with his attorney to see if there was an actual conviction or a deferred adjudication. If there was a deferred adjudication he may still be able to get the charges dismissed.

2) If there was in fact a conviction check to see if he is eligible for an expungement of the conviction. Often times with misdemeanor convictions the person can get the conviction sealed or expunged.

3) He should contact the agency's employee assistance program and get a referral for treatment. If he can argue that the conduct was caused by his mental health condition for which he is getting treatment then he may be able to claim an ADA protected disability. This can protect him from getting fired.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 8 months ago
opt out
Employment Lawyer: P. Simmons, Lawyer replied 8 months ago
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 37,233
Experience: Employment Law Expert
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

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Employment Lawyer: P. Simmons, Lawyer replied 8 months ago

I see you requested the prior expert opt out...did you have a question regarding the information you provided?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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