Criminal Law and Employment

There are four individuals interviewing for an assembly line position. All candidates have the necessary skills and experience for the position but have all indicated prior criminal records on their application.

They are the following:

Candidate #1 was arrested and convicted of breaking and entering. He has recently been released after serving a 6 month sentence.

Candidate #2 was arrested as a teenager for spraying graffiti on a school and convicted of criminal mischief. He was fined $500 and performed 80 hours of community service.

Candidate #3 was recently arrested and charged with possession of several ounces of marijuana (a Class B misdemeanor). He is awaiting trial.

Candidate #4 has had her license revoked for repeated DWIs. However, she says she can get a ride to work from a friend who works at the plant.

Candidate #5 was convicted of credit card fraud and served a 1 year prison term. He has been out of prison for four years, has held a job, and has recently married.

What legal advice would you provide in response to choice of hiring and which two do you feel would bring an acceptable risk to the company?

**I would feel that candidate #2 and #5 would bring the most acceptable risks as they are rehabilitated and have held employment within the workforce. Yes, #5’s crime is more severe than say #3 but that candidate is still awaiting trial so he/she does not display signs of rehabilitation or valid work experience since their arrest or incarceration.

I am looking for an opinion on the matter – as I am just a student still learning so in turn I have limited knowledge of the legal field.


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