Will My Job Find Out About My Arrest? A Guide for Nassau County Professionals

For most people arrested in Nassau County, the first thought isn’t about jail time or fines. It’s a far more immediate and terrifying question: “Will my boss find out? Am I going to lose my job?”

At Hochhauser Criminal and DWI Defense, we understand that your career is your livelihood. An arrest for any offense—from DWI on the Southern State Parkway to a shoplifting accusation at Roosevelt Field—can feel like a threat to everything you’ve worked for. The fear is valid, but the answer to whether your job will find out is complex. It depends on your profession, the nature of the charge, and, most importantly, the outcome of your case.

Arrest vs. Conviction: A Critical Legal Distinction

First, it is vital to understand the difference between an arrest and a conviction.

• An arrest is simply an accusation. You are legally presumed innocent until proven guilty.
• A conviction is a formal judgment of guilt, either by pleading guilty or being found guilty at trial.

Under New York law, it is generally illegal for most employers to ask about or make an adverse employment decision based on an arrest that did not result in a conviction. The key to protecting your career, therefore, is to prevent a conviction from ever happening.

How Your Employer Might Find Out About an Arrest

There are several ways your employment could be impacted. Here’s how it typically happens on Long Island:

1. For Licensed Professionals: Automatic Notification

This is the most direct and immediate way an employer finds out. If your job requires a state license or certification that is tied to your fingerprints, your licensing agency will likely be automatically notified of an arrest. This applies to a wide range of professions in Nassau County:

• Teachers & School Employees: The New York State Education Department will be notified.
• Nurses & Healthcare Professionals: The Office of the Professions (OPD) will be alerted.
• Commercial Drivers (CDL Holders): An arrest for DWI or other serious traffic offenses can trigger a notification.
• Financial Professionals (FINRA licensed): Brokers and financial advisors have strict reporting requirements.
• Security Guards, Childcare Workers, and more.

If you are in one of these fields, it is absolutely critical to hire an attorney immediately. The goal is not just to handle the criminal case, but to strategically manage the impending professional disciplinary investigation.

2. Company Policy & Employee Handbooks

Many companies have policies requiring employees to self-report any arrest or conviction. Failing to do so could be a breach of your employment contract, separate from the criminal charge itself. Review your employee handbook carefully with your attorney.

3. Background Checks

While New York’s Fair Chance Act provides protections, a background check can still reveal a pending case. If a case is dismissed and sealed (under CPL 160.50), it should not appear on most standard background checks. This is why achieving a dismissal is a primary goal in our defense strategy. A conviction, however, will almost certainly show up for years to come.

4. The Public Record and Local News

Arrest records are technically public information. While it’s unlikely your boss is checking the court docket at the Nassau County District Court in Hempstead, high-profile cases or incidents can sometimes be reported in local news outlets or online police blotters.

The Best Defense for Your Career is a Strong Criminal Defense

The single most effective way to protect your job is to prevent a conviction. A favorable outcome—a dismissal, an acquittal at trial, or a reduction to a non-criminal violation—is the ultimate safeguard for your career.

When you hire Hochhauser Criminal and DWI Defense, you are not just hiring a trial lawyer; you are hiring a strategist to protect your future. Our approach is twofold:

1. Aggressively Fight the Criminal Charge: As a former Nassau County prosecutor, Richard Hochhauser knows how to dismantle the prosecution’s case. We scrutinize the evidence, challenge police procedures, and negotiate from a position of strength to achieve the best possible outcome in your criminal defense case.
2. Manage Professional Fallout: For our licensed professional clients, we provide guidance on how and when to report an incident to a licensing board and can represent you in administrative hearings that may follow the criminal case.

Your career is too important to leave to chance. If you have been arrested in Nassau County, don’t wait and wonder if your boss will find out. Take control of the situation now.

Contact us at Hochhauser Criminal and DWI Defense for a free, completely confidential consultation. We will discuss the specifics of your case and your profession and lay out a clear plan to defend you. Call our 24/7 line at (516) 939-1529 today.