Is being arrested enough to be denied a job because of a background check? How? 5 Answers as of June 19, 2015

I recently did a live scan background check for my city to become a basketball coach. I was denied because they said I failed to admit my record. The question on the form was any convictions. I have never had a conviction. In 2004 I had a lewd conduct that was dismissed. The lady for the city said I lied on application and the dismissal did not matter. They checked the penal code and decided what I was arrested for was enough to deny me. Can they do that? Am I guilty even though the courts dismissed the case?

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KEYL ADR Services, LLC | Mark D. Keyl
Mississippi is an employment at will State, which means that you can not be hired for any reason that is not discriminatory. I suggest you talk to an attorney about getting your record expunged, then it will no longer be a problem.
Answer Applies to: Mississippi
Replied: 6/19/2015
S. Joseph Schramm | Joseph Schramm
If the application form specifically asked for records of convictions you might have an argument. However, given the position for which you were applying, even an arrest for lewd conduct probably should have been brought to the attention of the city so you would have a chance to explain the situation.
Answer Applies to: Pennsylvania
Replied: 6/18/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You can be denied a job on an arrest record, or for any other reason, although technically you did NOT have a record or conviction and did not give any false answer.
Answer Applies to: Michigan
Replied: 6/18/2015
such matters are governed by company rules and policies, and not by the law. Therefore, you have not asked a question that may be answered, based on law. Generally, employers may discharge (or not hire) for any reason, even a bad or wrong reason, so long as they are not motivated by the EEOC grounds: Race, age. sex. national origin, religion, handicap. If it is not on that list, it is not prohibited.
Answer Applies to: Georgia
Replied: 6/18/2015
Fox & Fox, S.C. | Richard F. Rice
You should contact an attorney to discuss if and how you might address matter.
Answer Applies to: Wisconsin
Replied: 6/18/2015
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