Tell Or Don’t Tell The Details of Your Arrest – It’s Not Always An Easy Answer
Getting arrested can be stressful and overwhelming.
On top of dealing with legal issues, you may also worry about how your employer will react if they find out.
Should you tell them? What happens if they find out another way?
The answer depends on several factors, including the nature of your job, your company’s policies, and whether the arrest affects your ability to work.
If you’re facing this dilemma in West Palm Beach, Florida, here’s what you need to consider.
Do You Have to Tell Your Employer About an Arrest?
In Florida, there is no general law requiring employees to report an arrest to their employer. However, some jobs and industries do have specific rules about reporting arrests, including:
Government Jobs & Public Sector Employees – If you work for a government agency, school district, or law enforcement, you may be required to report an arrest, even if it has not led to a conviction.
Jobs That Require Professional Licensing – Doctors, nurses, lawyers, real estate agents, and other licensed professionals may need to disclose an arrest to their licensing board, which could then notify their employer.
Employment Contracts & Company Policies – Some private companies have policies that require employees to report any arrest, especially if it’s related to the job.
If you are unsure whether your job requires disclosure, review your employee handbook, contract, or consult with a criminal defense lawyer before making a decision.
Do you have questions that a defense lawyer may be able to answer? Please call for a 100% no-obligation case review of your specific situation.
When It Might Be Best to Disclose an Arrest
Even if you are not legally required to report your arrest, there are situations where being upfront with your employer may be the best course of action:
Your Job Requires a Background Check – If your employer conducts regular background checks, they may discover your arrest anyway. Being honest upfront can prevent them from feeling blindsided.
You Will Miss Work Due to Legal Proceedings – Court dates, probation meetings, or other legal obligations may interfere with your work schedule. Being upfront can help prevent misunderstandings.
Your Arrest Is Likely to Become Public Knowledge – If your arrest was high-profile or related to your job, your employer may hear about it from the news or social media. Controlling the narrative by addressing it first can work in your favor.
When You May Not Need to Say Anything
There are also times when keeping your arrest private may be the better choice:
If Your Charges Will Likely Be Dropped or Dismissed – Not all arrests lead to charges or convictions. If your attorney expects a quick resolution in your favor, it may be best to say nothing unless necessary.
If Your Job Does Not Require Disclosure – If your employer has no policy requiring you to report an arrest and your charges have no connection to your job, you may choose to keep it private.
If It’s a Minor Offense That Will Not Affect Work – An arrest for something like disorderly conduct or trespassing, unrelated to your job, may not be relevant to disclose.
How to Talk to Your Employer About an Arrest
If you decide that disclosing your arrest is the right move, here’s how to do it professionally:
Plan What You Will Say – Be honest, but keep it brief. Explain what happened without going into unnecessary detail.
Emphasize That You Are Handling the Situation – Let your employer know that you are working with a lawyer and taking responsibility.
Reassure Them About Your Job Performance – If your work will not be affected, make that clear. If you need time off for court, be upfront about it.
Know Your Rights – Florida is an at-will employment state, meaning employers can fire workers for any reason (unless discrimination laws apply). However, being open about your situation may help you keep your job.
Example Scenario
John is a delivery driver in West Palm Beach. Over the weekend, he was arrested for DUI. His employer has a policy requiring employees to report any arrests, especially those related to driving. John decides to tell his boss on Monday. He explains the situation, mentions that he has hired a lawyer, and reassures them that he will not drive until the case is resolved. Because he was proactive and honest, his employer works with him on a temporary reassignment instead of firing him.
On the other hand, Sarah, an office worker, was arrested for a minor misdemeanor unrelated to her job. Her company has no policy requiring disclosure, and her arrest will not impact her work. She chooses not to tell her employer, focuses on resolving her case, and continues working without issue.
Final Thoughts from a West Palm Beach Criminal Defense Attorney
Deciding whether to tell your employer about an arrest can be tricky. If you’re unsure, consult with a criminal defense lawyer who can help you understand your rights and obligations. The key is to assess your situation carefully, consider how your employer may react, and make a decision that best protects your job and future.
If you need legal guidance, contact Pakett Law’s criminal defense lawyers today to discuss your options and protect your future.
Arrested and Need Advice? Don’t Wait – Talk to a Criminal Defense Attorney in West Palm Beach Today
The bottom line is this: if you’ve been charged with a crime or are under investigation, the best time to hire a criminal defense attorney is immediately. Already arrested? You’re likely to have question too. That’s why we are here.
The earlier you have professional legal representation, the better your chances of avoiding critical mistakes, protecting your rights, and achieving the best possible outcome for your case.
Remember – arrests are common in Florida, the legal consequences are serious, and having a knowledgeable criminal defense lawyer is essential to protect your rights and achieve the best possible outcome.
If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.