Because of the increases in the number of arrests each year, and easier public access to crucial arrest records, you are asking a very important question. The basic answer is going to be “sometimes, but not always.” My advice is gong to be to view this as a long-term problem, with some long-term solutions. To begin with, you need to know that just being arrested does not give you a “criminal” record….an arrest record is only an accusation, and not a decision. American justice is very unique, because it rests on the assumption that a person really is innocent until proven guilty. Having said that, though, there can be job offers that have ‘morals’ clauses….that a person has to act a certain way. The White House cancelled a job offer (as an ambassador) to a person who was arrested (but not convicted) of drunk driving. You can look at all the differences regarding arrests and convictions in employment, from state to state, by visiting the national Employment Law Project. http://www.nelp.org/page/-/SCLP/ModelStateHiringInitiatives.pdf?nocdn=1 . Though Maryland has talked about protecting employees, right now there are only court cases and not a state law, when employers acted unfairly to a new or "pre" hire employee.

For most jobs, the real test of an arrest means deciding whether you are still able to perform the “essential” duties of a job is the test. Does the arrest go to your ability to do the job…did an arrest change the ability you have to do the job? One court that looked at this question laid out the test used in almost every state: did the employer make an effort to investigate your ability to do the job? http://caselaw.findlaw.com/ia-supreme-court/1413361.html . You can see that some jobs have specific duties that can be affected by a type of arrest. The case just mentioned was a truck driver, who lost his license. The employer had a duty to investigate whether the employee could still do some work at the company. At the same time, you will have less traction if you were not actually hired at the time of your arrest. One key will be looking at the company’s employment policies…get a copy of their employee handbook and find out if they have a union. Look to see what the employee rules say about arrests. The odds are the rule is the “essential duties” test.

Most companies will tender a job offer on condition of a background check. Still, the information they get in a final screening still has to respect your basic human rights. You can ask an important Maryland administrative agency to look into the matter, too. http://mccr.maryland.gov/empldiscr.html .

The employer also has to respect any possible contract rights. For example, if your job is covered by any bargaining units (a Union) or is a state funded position, there are going to be special rules the employer has to follow before making an employment decision. Specifically, the facts of any alleged crime have to be fairly well investigated. Here’s a case involving a fight caused by a state employee, and the rules to investigate thoroughly are laid out by a Maryland appeals court. Maryland Reception, Diagnostic & Classification Center v. Richard Watson, No.2297, Sept. Term, 2000. http://caselaw.findlaw.com/md-court-of-special-appeals/1247177.html

Much of your case is going to be based on what you can prove. Had a job offer already been made to you? How do you know (and how can you show) that the decision not to hire you was because of an arrest? If you have any phone messages, be sure to guard them…have someone else listen to your evidence. Though it may be hearsay, it can still be useful in any investigation and may even be admitted in some circumstances.

Last but not least, even if you are convicted or enter a plea agreement, admitting some kind of guilt, make plans for expunging your record.