Will a Reckless Driving Charge Affect My Employment?

Will reckless Driving Affect EmploymentWhen you are cited for reckless driving in Virginia, you will realize that this is a misdemeanor offense.

I often work with clients who are very concerned about whether the offense will have lasting consequences.

In particular, many clients who are facing reckless driving charges want to know: will reckless driving affect employment?

In other words, can a person be fired because of a reckless driving conviction, or can an employer decide not to hire someone because of a reckless driving ticket?

While reckless driving is, in fact, a criminal offense in Virginia and is taken very seriously, anyone who is facing reckless driving charges should keep in mind that this is a misdemeanor—and not a felony—offense.

Under the Code of Virginia § 46.2-862, a person can be charged with reckless driving for exceeding the speed limit by 20 miles per hour or more or by driving at a speed over 80 miles per hour regardless of the maximum speed limit.

I know that reckless driving charges are stressful and anxiety-inducing, but I use all available resources to help clients fight these charges. I will tell you more about the effects of a reckless driving conviction on employment, and I will also provide you with more information about beating these charges.

How Reckless Driving Charges and Convictions Show Up In Your Records

The first thing I want to emphasize is that reckless driving, as a misdemeanor offense in Virginia, can show up on criminal records.

However, it is important for anyone who is facing reckless driving charges or has been convicted of reckless driving to keep in mind that current or potential employers do not view all crimes in the same way.

For example, misdemeanor offenses—whether you were simply charged or convicted—are not as serious as felony offenses for which you may have been charged or convicted. Yet this does not mean that you will not need to report the offense when you are applying for a job or undergoing a background check.

When you apply for a new job or must undergo a routine background check as part of your current position, you may need to report the reckless driving offense. In some situations, employers will ask you to report any crimes for which you have been charged (even if you were able to beat the charges and were not convicted).

If you see a question on a job application or background check asking if you have been charged with a crime, you typically do need to report a reckless driving offense since it is a criminal misdemeanor in Virginia.

If an application only asks for convictions, however, you will usually only need to report the reckless driving charge if you are convicted.

What Happens If I Do Not Report a Reckless Driving Charge to an Employer?

When employers conduct background checks and ask for information about criminal records, the party filling out the background check information usually has to certify that the information contained in the application is true.

If you do not report a reckless driving charge or conviction, your employer may be able to terminate you. If you are applying for a job, lying on an application can give the employer a reason not to hire you.

Sometimes an employer will want to know about a driving record. You must report a reckless driving conviction in such a case. Some job applications will ask about past criminal records but will indicate that the applicant does not have to list minor traffic violations or infractions.

Since reckless driving is a misdemeanor offense, it is considered to be more than a minor traffic violation or infraction.

Jobs and Licenses in Virginia with Restrictions for Reckless Driving Convictions

In general, a reckless driving conviction will not result in you being unable to renew most professional licenses or to perform most types of jobs. However, according to the State of Virginia, there are some jobs for which you cannot have a reckless driving conviction and continue to keep that job.

Specifically, driving instructors at schools and for commercial licenses cannot have a reckless driving charge and continue to work as a driving instructor in the state of Virginia.

Various cities and municipalities also have their own rules when it comes to criminal records, and a misdemeanor reckless driving charge may prohibit a person from being hired or keeping a certain job.

And I want to emphasize that private employers may be able to refuse a job applicant or to terminate a current employee upon conviction of misdemeanor reckless driving.

Contact a Virginia Reckless Driving Attorney

Are you facing reckless driving charges? You should speak with a Virginia reckless driving lawyer about your case. I can help you to fight the charges and to resolve your ticket.

Contact the law office of Andrew Flusche for more information about how I serve clients facing reckless driving tickets in Fredericksburg, Stafford, Spotsylvania, and other parts of Virginia.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then I have earned over 600 5-star reviews from happy clients on Google, Yelp, Facebook, and Avvo. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.
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