How a Drug Charge Can Impact Employment and Housing in Arizona

Even after serving a sentence or completing probation, a drug-related conviction can create obstacles in a person’s life, particularly when applying for jobs or securing housing. Many employers and landlords conduct background checks, and a criminal record—especially one involving drugs—can lead to lost opportunities.

How a Drug Charge Affects Employment in Arizona

Job Application Background Checks

Most employers in Arizona conduct background checks, which typically reveal both misdemeanor and felony drug charges. Whether a drug charge disqualifies an applicant depends on:

• The severity of the charge – Felonies are more likely to be a barrier to employment than misdemeanors, though certain industries scrutinize any drug-related conviction.
  
  
• The type of job – Positions involving public trust, security, or professional licensing are often less forgiving of drug-related offenses.
  
  
• The employer’s policy – Some companies have strict policies against hiring individuals with drug convictions. Others make decisions based on the facts of the case and the length of time since conviction.

Can You Be Fired for a Drug Charge?

• If arrested but not convicted – Arizona is an at-will employment state, meaning employers can fire employees for almost any reason, including an arrest, unless an employment contract states otherwise.
  
  
• If convicted – A conviction for a drug offense can lead to termination, particularly in jobs requiring background checks, security clearances, or professional licenses.
  
  
• Employers with federal contracts – Businesses that receive federal funding or follow federal guidelines, such as DOT-regulated trucking companies, often have zero-tolerance policies for drug convictions.

Most employers only run background checks at hiring, and most private sector businesses don’t require employees to report arrests. Some people who may be required to self-report are CDL holders working for companies that are subject to DOT regulations, government employees, and people holding security clearances.

There are some industries, including some finance, healthcare, and law enforcement, where employers may conduct yearly or periodic background screenings that could reveal a drug arrest. However, for most people, being arrested for a drug crime will only affect their future job prospects rather than their current employment.

However, participating in a trial or needing to serve a sentence may interfere with your ability to perform your job duties, which could lead to termination.

How a Drug Conviction Affects Professional Licensing

Certain professions require state-issued licenses, and a drug conviction can put those licenses at risk. Some examples include:

• Healthcare professionals (nurses, pharmacists, doctors)
• Teachers and childcare providers
• Real estate agents
• Commercial drivers (CDL holders)
• Security guards and law enforcement officers

State licensing boards have the discretion to deny, suspend, or revoke a license due to a drug-related conviction. Some boards may allow applicants to explain the circumstances and demonstrate rehabilitation, but felony drug convictions are more difficult to overcome.

For example, people seeking a real estate license in Arizona can be barred from licensure for crimes of moral turpitude, which may include certain drug offenses. However, a relatively minor infraction, like a DUI, possession, or paraphernalia charge, may be viewed differently than a manufacturing or trafficking charge.

How a Drug Charge Affects Housing in Arizona

Rental Applications and Background Checks

Most property management companies and corporately owned apartment complexes conduct criminal background checks before approving tenants. A drug-related conviction can raise concerns about:

• Illegal activity on the property
• The potential for future drug use or criminal behavior
• Liability risks for the landlord

One of the few crimes that bars a person from government housing is a conviction for manufacturing methamphetamine in federally assisted housing in the past.

Can a Landlord Deny Housing Based on a Drug Charge?

• Private landlords – Arizona law allows landlords to deny applicants based on drug convictions, though some may be willing to consider tenants on a case-by-case basis. Not every private landlord conducts criminal background checks. Some small-scale, independent property owners may focus more on credit scores and rental history than criminal background checks.
  
  
• Public housing – Federally funded housing programs (such as Section 8) have stricter rules. Under federal law, individuals with certain drug convictions can be automatically disqualified from public housing assistance. Many people with minor drug convictions are still eligible for public housing.

Are Any Drug Charges Treated Differently?

• Marijuana-related convictions – Arizona legalized recreational marijuana, and some past marijuana offenses may be eligible for expungement under ARS 36-2862. Landlords and employers may view marijuana-related convictions more leniently, depending on the circumstances.
  
  
• Possession vs. Trafficking – A conviction for simple possession is generally less damaging than a conviction for drug sales or trafficking, which landlords and employers see as a greater liability.

Advocating for the Rights and Opportunities of People Charged With and Convicted of Drug Crimes in Phoenix

While some employers and landlords are more forgiving than others, background checks remain an obstacle for many individuals with drug crimes on their record.  

Exploring legal options such as having a conviction set aside or having records sealed may help reduce the long-term impact on your life. If you have questions, want to explore options, or you’re seeking an Arizona Board-Certified Criminal Defense attorney to represent you, call Michael Alarid III at (602) 818-3110.