Do I Have to Tell My Employer That I Was Arrested or Charged With a Crime?

In North Carolina, being charged with a crime, whether through an arrest or a criminal summons, raises the question of whether you must inform your employer or a licensing board. A pending criminal charge means the case is still unresolved and awaiting trial or other outcome. This could happen after an arrest (where you were taken into custody) or via a summons (where you received a notice to appear in court without an arrest). In both situations, the charge will be recorded in public court records. Many people worry if they are legally obligated to disclose such a pending charge to their employer, and what might happen if they don’t. Below, we discuss how this issue applies to private employers, public/government employers, and state licensing boards. We also note how an arrest versus a summons might appear in background checks or public records, and explain the legal risks of not disclosing.

It depends. Private employers typically conduct background checks when hiring, but they may not repeat them on current employees without reason. If you were charged after you already have the job, your employer might not immediately know. There is no automatic system that notifies private employers of an employee’s arrest or summons. That said, a pending charge is part of the public record and can show up on a background check. In North Carolina, a standard criminal background report will include pending criminal charges along with arrests and convictions.

If your employer (or a private screening company) searches the court records, they could see the open case. For example, if you were arrested and booked, your name might appear on online arrest logs or even local news, which an employer could discover. If you received a summons and were not arrested, there won’t be a mugshot or arrest report, but the court case is still public – an employer doing a thorough check could find the charge in county court records.

Many employers do not routinely monitor employees’ criminal records after hiring. They might only find out if someone alerts them or if they run a periodic check (some companies do annual checks, especially in sensitive roles). If the charge has become public (for instance, a serious charge reported in media or an office rumor), it’s more likely to reach your employer’s attention. But if it’s a minor issue and you keep it private, your employer may never know unless they actively look or ask.

Legally, you are not committing a crime or civil violation by keeping a pending charge to yourself. North Carolina is an “employment at will” state, though, which means a private employer can fire you for almost any reason as long as it’s not an illegal reason (for example, they cannot fire you because of your race or religion, but they can fire you because of an arrest or charge). Criminal history is not a protected category, so an employer could decide to terminate or suspend you if they learn about the charge, even if it hasn’t been proven in court. If your company has a rule requiring disclosure and you fail to follow it, then not only is the charge an issue, but the violation of company policy is an additional reason they might discipline or fire you. From the company’s perspective, not informing them when required can be seen as a breach of trust.

It’s worth noting that an arrest is not proof of guilt – you are presumed innocent until proven guilty. Some fair-minded employers will wait to see the outcome (e.g. whether you’re convicted or the charges are dropped) before taking action. But legally they can take action on just the fact of an arrest or charge in many cases. There are federal guidelines (from the EEOC) advising employers to consider the circumstances and not to fire someone unfairly for an unproven charge, to avoid discrimination.

Still, those are guidelines, not absolute prohibitions. So the practical risk of not telling a private employer is mainly that if they find out on their own, they may feel you were hiding it, and you could face job consequences. If they never find out and you resolve the charge without it affecting your work, then not disclosing wouldn’t harm you on the job. It’s a personal judgment call unless your job explicitly requires reporting any trouble with the law.

If you work for a public employer – for example, a state agency, a public school, a city or county government office, or any other government entity – the expectations are typically stricter. While North Carolina doesn’t have a single law that covers all public employees, many government agencies have policies that require employees to report arrests or criminal charges to a supervisor or human resources. These policies are often part of the terms of your employment in the public sector, intended to maintain integrity and public trust. Failing to report can be a violation of the employment rules for government workers.

For instance, North Carolina’s Department of Health and Human Services (DHHS) has a policy that employees must report any arrest or criminal charge (other than minor traffic violations) to their supervisor within five calendar days.

This means if someone working at DHHS is charged with a crime, they may be obligated by their job rules to disclose it promptly. Many other public employers have similar rules. If you are a public school teacher, a law enforcement officer, or hold another public position, your employer or the overseeing agency may have a policy on this. Often, the more sensitive the position (e.g. jobs involving children, public safety, or finances), the more stringent the reporting requirement. Some agencies may require reporting only convictions, but others include any arrest or pending charge in their reporting rules.

The rationale is that government employers need to ensure that their employees remain fit for duty and worthy of the public’s trust. An undisclosed criminal charge could potentially compromise your role (for example, a police officer or a firefighter being charged with a crime might raise immediate concerns). Thus, transparency is expected. Even if not codified in a state law, these internal rules carry the weight of an employment obligation.

Always check the employee handbook or administrative code for your specific public employer. Prior to disclosing any information, consult legal counsel regarding the specifics of your legal matter.

They very well might. Public employers generally have more mechanisms to learn of charges. In some cases, background checks are ongoing or happen periodically for government employees. For example, a school system or a law enforcement agency might run annual checks or get notified if an employee is arrested, especially if fingerprints were taken and matched in a database. Additionally, arrests or charges of public employees sometimes make the news or internal reports. If you are a public figure or your job is in the public eye, any arrest can quickly become known. Co-workers or supervisors might hear about it through community channels. Furthermore, because criminal records are public, a supervisor could independently check court records if they suspect an issue. There isn’t a centralized automatic notification to all government employers, but certain professions (like licensed educators or law enforcement officers) may have reporting systems. For instance, if a teacher is charged with an offense that could affect their teaching license, the school administration or state education board may receive notice from law enforcement or the courts as a matter of routine. In short, the risk of discovery is higher in the public sector, and concealing a pending charge is difficult over time.

Primarily, it could be an employment policy violation. Not reporting a charge when you are required to can lead to disciplinary action, which could include suspension or firing. Government jobs often emphasize ethical standards; failing to report can be viewed as dishonesty or indicate a lack of integrity. For example, a state employee who doesn’t report an arrest as required could be terminated for the policy breach, even if the underlying criminal charge wouldn’t have immediately caused removal. The legal risk isn’t about going to jail for not telling (there’s no law that criminalizes failing to tell your boss about an arrest), but it is about losing your job or other employment sanctions. In some cases, not reporting promptly could also jeopardize related matters like security clearances or bonds that are contingent on your record. If the job requires a clean record or notification of any issues, hiding a charge could even result in the loss of that required clearance, meaning you can’t fulfill your job duties.

Another aspect to consider is that public employers, being government entities, must also ensure public safety and trust. In some situations, if you don’t come forward and they find out later, they might question your reliability, which can have a lasting effect on your career. Sometimes, it’s better to be upfront (following any required procedures, such as informing your supervisor in writing) rather than having the news come out through other channels. That said, each situation is different. Consult legal counsel about the specifics of your legal matter. You may have an opportunity to explain the situation to your employer, which could mitigate the response. Keep in mind that just because you report a pending charge, it doesn’t automatically mean you will be fired. The outcome often depends on the nature of the charge and the employer’s policies. Some public employers might place you on leave or assign alternate duties while the case is pending, especially if the charge is not directly related to your job performance or if it’s a minor offense. The key is that reporting may be mandatory in certain public service roles, and not reporting is viewed as a serious breach of your duties. If you have questions about the specifics of your legal matter, consult legal counsel. Furthermore, it’s a foregone conclusion that retaining a lawyer to represent you on the underlying criminal charge or charges is a good idea.

Some boards only care about convictions or certain levels of charges. A minor misdemeanor charge might not trigger an immediate report for some professions, whereas a felony charge could. Some boards use language like “any guilty plea or conviction” must be reported, which technically means after the case is resolved. Others say, “any arrest or charge” for specified offenses must be reported promptly, which covers pending cases. Because the rules can differ, it’s important to know your board’s expectations.

Failing to inform your licensing board when required is very risky. The consequences can be severe in the professional context. The licensing board may have the power to take disciplinary action if you violate their rules. This could include penalties like fines, mandatory additional monitoring, suspension of your license, or even revocation of your license (in some circumstances) to practice your profession. In fact, boards may view the failure to report as a separate ethics or compliance violation, sometimes treating it more seriously than the underlying offense itself. The reasoning is that not reporting shows a lack of honesty or willingness to follow the rules that govern your profession. For instance, a nurse who is arrested for a DWI and does not tell the Board of Nursing within 30 days as required might face Board discipline for nondisclosure, regardless of what happens in court with the DWI charge. Consult legal counsel to discuss the specifics of your legal matter.

Licensing boards have several ways to learn about charges or convictions. Often, there is information sharing between the court system and certain boards for serious offenses. For example, if a licensed professional is convicted of a crime, the court may send notice to the relevant licensing authority (this is common for serious felonies or crimes related to the profession). Additionally, some boards require you to answer questions under oath in your license renewal application each year (or each renewal cycle) about whether you have had any new charges or convictions. If you lie on a renewal form, that could be grounds for discipline. There are also national databases for some professions: for instance, healthcare professionals can be listed in a national practitioner databank if they have adverse actions or convictions, which boards check. Furthermore, private parties may be able to file a complaint to a licensing board. If your employer or a client or someone aware of your charge files a complaint or report to the board, the board could investigate and then will discover the charge. Boards can also run their own background checks periodically. For example, some boards might periodically run criminal record checks on active licensees and do random checks.

Given these possibilities, trying to “hide” a criminal charge from a licensing board if you are required to affirmatively disclose is not generally advisable. The legal risk of not disclosing when required is that you could face an inquiry or hearing for violating professional rules. The board could impose sanctions that impact your ability to work in your field. This is separate from any outcome in your criminal case. You could be found not guilty in court, yet still face a penalty from the board for failing to follow the reporting rule or for the conduct that led to the charge. Always take your self-reporting duties seriously. If you are unsure about whether you must report something, consult an attorney familiar with professional license defense.

North Carolina law does not universally require employees to disclose pending criminal charges to their employers, but the requirement can arise from specific job policies or professional regulations:

• Private employers: No general legal obligation to tell your boss about an arrest or criminal summons. It’s usually up to you unless your company handbook or employment contract specifically demands disclosure of certain charges. Always check your workplace policies. Keep in mind that a pending charge could show up on a background check if your employer runs one, since such checks include pending cases in your criminal record. Not telling is not a crime, but it could lead to job consequences if your employer finds out through other means. In an at-will employment state like NC, an employer may lawfully fire you for the charge itself or for not disclosing it, so weigh the risks when deciding whether to proactively inform them.
• Public/government employers: You may be required to report the charge, as some government agencies in NC have rules requiring prompt disclosure of arrests or charges. Being a public servant comes with an expectation of transparency. Check the specific policy of your agency (state employees, teachers, city workers, etc., may have to report within a few days or at least report any convictions). If you don’t disclose as required, you aren’t breaking a law in the criminal sense, but you may be violating your terms of employment and could face disciplinary action or termination. Public employers may be more likely to discover the charge anyway due to routine checks or public visibility.
• State licensing boards: If you hold a professional license, you may have some legal or ethical duty to report the situation to your licensing board, depending on the board’s rules and the nature of the charge. North Carolina licensing boards vary in their reporting requirements – some demand disclosure of any charge or arrest within a short time frame, while others require disclosure only of convictions or upon license renewal. Failing to comply with your board’s rules could possibly jeopardize your license. The board may be authorized to sanction you for not reporting when you should have, even if the original charge gets dismissed. Always know the obligations set by your profession’s governing board, and if in doubt, get legal advice about it; losing a hard-earned license over a failure to report is problematic at best.