Requesting employee to go to lawyer to expunge charge

[Suzanne54]

What is the name of your state? VA. I have an employee who was charged with something in the military, but was never convicted. My business is working with the military and requires base access all over the world. after 7 years of gaining access and being able to do his job, he is now unable to obtain access at one of the military bases. This of course, puts a strain on getting the job done. Can I request that he see a lawyer to see if this can be taken care of? Or is that over stepping boundries?

 

[FlyingRon]

The big problem is that if you mean by "something in the military" an arrest or other investigation conducted by the military while he was in the service, that there's no practical way to "expunge it." Even if you could, it probably would still be visible to security clearance type investigations.

If you're talking about some state criminal action that just happened while he was in service, it would depend upon the state. Virginia charges that get nolle prossed, aquitted, or found factually innocent, can be expunged. However, again, the cat is out of the bag. The investigating agencies know about it and can use it.

You can certainly offer to pay for an attorney to look into it.

 

[Zigner]

If this employee is so valuable, maybe you can offer to pay for an attorney to help him.

 

[Suzanne54]

Well and that is what I intend to do, offer to pay for him to see an attorney. I just didn't know if that is over stepping

 

[Zigner]

Well and that is what I intend to do, offer to pay for him to see an attorney. I just didn't know if that is over stepping

I don't believe it is. His situation, whatever it may be, is directly impacting his ability to perform the work that you require of him. Your offer to pay for an attorney is a generous one, and does not indicate that you are prying at all.

 

[Suzanne54]

Thanks guys