What Is the Law for Having to Disclose a Felony Drug Charge on an Employment Application?

by Susan Echaore-McDavid

If you have a felony drug charge, you are formally accused of breaking a state or federal drug law. You are considered innocent until proven guilty in a court of law. However, even if you are proven innocent, the felony drug charge is still part of your criminal record. Prospective employers often hesitate to hire applicants upon learning about their criminal arrests, charges or convictions.

Disclosure of Felony Drug Charges

The Civil Rights Act of 1964 prohibits employers from discriminating against individuals based on their criminal records, but no federal law forbids employers from asking applicants about their criminal history. The National Employment Law Project reports that as of 2012, California, Colorado, Hawaii, Minnesota and a few other states do have laws that ban either public or private employers from asking about criminal arrests, charges or convictions on job applications. At the local government level, the National Employment Law Project also reports that as of 2012, more than 40 cities and counties, including New York City, San Francisco and Philadelphia, have passed similar laws banning questions about criminal charges on job applications.

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