Identity theft charges can affect far more than a criminal case's outcome. A pending charge or conviction can appear during a background check, raise concerns about trust and financial responsibility, and create additional obstacles when you're applying for work.
The consequences can be particularly serious for positions involving money, financial information, customer records, or access to sensitive data. At The Leier Law Office LLC, we help clients address the criminal allegations that can contribute to these employment concerns.
If you're facing identity theft charges, working with a criminal defense lawyer can help you understand the accusations, protect your rights, and pursue an appropriate defense. Our attorney can examine how the identity theft charge arose, review the evidence, and help you understand your options for protecting your employment prospects.
Our firm is located in Fort Collins, Colorado, and serves clients in Loveland, Greeley, Windsor, and Evans. Contact our office to discuss your circumstances and learn how we can assist with your case.
How Identity Theft Charges Appear on Background Checks
Identity theft charges can appear on background checks depending on the status and outcome of the case. While Colorado employers can't ask about criminal history on an initial application, they can conduct background checks later in the hiring process. Our criminal defense lawyer can review the charges and evidence and help you understand how the case could affect future employment.
Why a Conviction Can Affect Employment
Colorado law treats identity theft seriously. Under C.R.S. § 18-5-902, certain forms of identity theft constitute a class 4 felony, including knowingly using another person's identifying or financial information without permission with the intent to obtain something of value or make a payment.
Other conduct under the statute is classified as a misdemeanor or, in certain circumstances, a class 5 felony. A conviction can therefore create employment concerns that continue after the criminal case ends. Employers reviewing a background report could consider the offense when deciding whether an applicant meets the requirements of a position. Potential employment effects include:
Hiring decisions: An employer reviewing a conviction could question whether the offense relates to the responsibilities of the position.
Positions involving finances: Jobs involving banking, accounting, payment processing, or financial records can receive additional scrutiny because of the nature of an identity theft conviction.
Access to sensitive information: Employers could have concerns about positions involving confidential customer or business information.
Professional opportunities: Certain jobs involving licensing or regulatory requirements can have additional criminal-history considerations.
A charge doesn't automatically mean you can't work or obtain employment. The circumstances of the allegation, the final disposition, and the requirements of the particular position all matter. An experienced attorney can help you assess these factors while developing a strategy for the criminal case. Depending on the circumstances, that strategy could involve challenging evidence, questioning whether the prosecution can establish the required elements, or pursuing an appropriate resolution.
How Defense Representation Can Protect Your Future
Because identity theft charges can carry consequences beyond court, a defense strategy should account for the potential impact on employment. The first step involves determining exactly what the prosecution alleges and what evidence supports those allegations.
Colorado's identity theft statute requires specific conduct and mental states. For example, certain offenses require proof that a person knowingly used another person's identifying information without permission or lawful authority and intended to obtain something of value or make a financial payment.
Reviewing those requirements can reveal important issues in a case. A criminal defense lawyer will examine records, communications, financial information, and other evidence to determine whether the allegations satisfy the statutory requirements. Defense representation can also involve:
Reviewing the accusation: The defense will examine the charging documents to determine precisely what conduct the prosecution claims occurred.
Examining the evidence: The defense will evaluate records and witness statements for inconsistencies, missing information, or other weaknesses.
Addressing mistaken identity: Identity-related cases sometimes involve confusion about who actually used an account, document, or identifying information.
Evaluating case resolutions: When appropriate, the defense can discuss available case outcomes and their potential consequences for your criminal record and employment prospects.
Mistaken identity deserves particular attention because Colorado has procedures addressing criminal records connected to mistaken identity. State law provides mechanisms for expunging certain arrest records arising from mistaken identity when the statutory requirements are met. That distinction can matter when a criminal record incorrectly connects another person's conduct to you.
Addressing Criminal Records After a Case
Resolving criminal charges doesn't always eliminate employment concerns. Depending on how the case ends, Colorado law offers options to seal certain criminal records, which can limit what appears on employment background checks.
We will gladly review your case outcome, determine whether you qualify for record sealing, and address inaccurate or incomplete background-check information. Taking these steps can help reduce the potential impact of a past criminal case on future employment opportunities.
Protecting Your Employment With a Criminal Defense Lawyer
Identity theft charges can affect employment opportunities, background checks, and professional plans long after an arrest. Taking criminal allegations seriously from the start can help protect your rights while addressing the case's potential consequences.
We assist clients facing criminal allegations by reviewing the charges, examining the evidence, and evaluating legal options based on the circumstances. The Leier Law Office LLC is located in Fort Collins, Colorado, and serves clients in Loveland, Greeley, Windsor, and Evans. Contact us today to discuss your identity theft charges and learn how we can help protect your interests.
