Facing an active criminal case or investigation in Florida can be stressful enough. But as you continue your life, questions about how it might affect your employment prospects or a planned relocation are completely valid—and critical. The truth is, an ongoing case can indeed complicate things, but understanding your rights and the realities of background checks is the first step in managing the situation.
The Realities of Background Checks
Many Florida employers conduct pre-employment background checks. The process can vary significantly, but here’s what's important to know:
Arrests vs. Convictions: An "active" or "open" criminal case means an arrest has likely been made, and charges are pending or an investigation is ongoing. Florida law generally prohibits employers from using a prior arrest that did not lead to a conviction as a basis for employment denial. However, during an open case, an employer might find information about the arrest itself or the pending charges.
Felony vs. Misdemeanor: The severity of the alleged crime often dictates the employer's concern. While any charge can be a red flag, pending felony charges are typically viewed with greater scrutiny, especially for positions of trust or those requiring professional licenses.
Job Relevance: Florida employers must consider whether the pending charge is "directly related" to the job you are seeking. A pending charge of embezzlement, for example, is highly relevant to a financial position.
In essence, while an active case isn't a conviction, the arrest record and pending charges are often accessible and can certainly raise questions during the hiring process.
Disclosure and Honesty
When filling out a job application, pay extremely close attention to the wording of any questions about criminal history.
"Have you been convicted of a crime?" If your case is pending and you have not yet been convicted, the honest answer is "No."
"Are you currently facing criminal charges?" This is the more relevant question for those with open cases. Answering dishonestly if the information is accessible via a background check can lead to immediate termination, even if hired. It is almost always better to be honest and prepared to briefly explain the situation (always consulting with your attorney first).
Relocating with an Open Case
Moving within or out of Florida while an active criminal case is pending is a significant legal concern. You cannot simply pack up and leave.
Bail and Bond Conditions: If you were released on bail or bond, you are likely subject to specific conditions set by the court. These almost always include restrictions on travel and a requirement to notify the court and your attorney of any change in residence. Violating these conditions can lead to a warrant for your arrest and the forfeiture of your bond.
Court Appearances: You are legally required to attend all scheduled court dates. Missing a mandatory hearing, even if you’ve moved, is a serious violation.
Never move or travel outside the court's jurisdiction without first obtaining clear, written permission from the court and informing your attorney.
Assertive Legal Defense is Key
An open case can indeed create obstacles in your professional and personal life. The most assertive step you can take is to focus on securing the best possible legal outcome. Crawford Law can work diligently to minimize the impact of the charges and provide counsel on navigating the complications of an active case while living your life.
If you are a Florida resident dealing with an active criminal case or investigation and have concerns about your future, don't wait for a conviction to seek aggressive representation. Get the clarity and defense you deserve
Contact us today at (850) 220-2098 to ensure your rights and future opportunities are protected.