The recent case of Tiny Blessings, a local daycare, being forced to shut down has resulted in questions about employment screening for daycares.
Under Section 435.06, there are certain criminal offenses that will stop a person’s ability to work in certain fields. The crimes that will exclude a person from employment are listed in Section 435.04. These crimes can range from misdemeanor to felony charges, so it is important to review the list prior to making a decision as to whether to enter a plea of guilty or no contest to a criminal charge. If a Defendant enters a plea of guilty or no contest to a crime listed in Section 435.04(2), he or she will not be eligible for employment. Even if a person has been arrested, but the case has not been disposed of yet, he or she will still be excluded from employment.
This law would not apply if the record has been sealed. However, there are certain crimes that cannot be sealed, so it is important to be fully advised by a lawyer before entering a plea of guilty or no contest to any crime. There are exemptions that would permit a person to continue his or her employment. This section applies to felony crimes and misdemeanor crimes.