Do Companies Automatically Turn Down Potential Employees For Felony Convictions?

Phoenix felon employment rights

If you’ve ever been convicted of a felony, then one of the main concerns that you may have is how the felony conviction is going to impact your current or future employment. If you are currently unemployed and looking for employment, your concern over your Phoenix felon employment rights is likely magnified.

Many employers conduct a criminal background check before hiring any individual, and most employment applications ask whether the applicant has been convicted of a crime.

How a Felony Affects Your Rights

In Arizona, a felony conviction affects your rights in a number of ways. Under Arizona Revised Statute 13-904, a felony conviction suspends your right to vote, to hold public office, and possess a gun.

However, a felony conviction does not bar your right to employment.

The statute disallows an employer from denying you employment solely based upon your felony conviction.

There is an exception to this general rule, though.

A potential employer can automatically reject your employment if it is found that your prior felony or misdemeanor has a reasonable relationship to the function of the employment or occupation.

For example, if you have been convicted of a sexual offense and are applying to work for a private tutoring company, then the employer can deny your application.

Similarly, if you have a felony conviction related to fraud or embezzlement and you are applying to work at a financial services company, you will likely be disqualified based on the conviction.

Working for State Agencies

The state of Arizona, its agencies, and any of its political subdivisions are also unable to deny you employment based solely on a prior felony conviction.

However, as with the above instance, the State does retain the right to deny you employment if your felony is reasonably related to the position.

Setting Aside a Felony Conviction

Dealing with a felony conviction is certainly a challenge.

If you believe that you have been denied employment solely based upon your felony conviction, then hiring an attorney who specializes in Phoenix felon employment rights may be your best solution.

In addition, your attorney may be able to verify whether you are eligible to have your record set aside by the court, which means that the felony charge will show as being set aside and that you have completed all the terms of your sentencing.

Arizona does not allow convictions to be expunged, but having the conviction set aside may prove beneficial to you.

At Tyler Allen Law Firm, our dedicated professionals will be able to provide to review your circumstances and provide you with the help and legal support that you need. Contact us today for a consultation.