Can a past M3 charge disqualify me from daycare work?
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Even if a judge indicated you’d be able to work, daycares and their licensing rules often have strict background standards. They can disqualify applicants for certain charges or convictions—sometimes even arrests—based on state regulations and liability concerns. Those rules can be more restrictive than what a judge contemplated, so the daycare’s denial can still be lawful depending on the charge, outcome, and state (42 U.S.C. § 9858e(c)(2)(F)).
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Why can’t I work at a daycare when the judge told me I would be able to? I have an M3 “subject under penalty” charge due to my mom.
I’m sorry to hear that. Have you already been denied a daycare job because of that M3 charge?
Yes—twice, after being hired, when they already knew about it.
Can you share more about the circumstances of the M3 charge related to your mom?
My mom thought I lied about a rape that happened to me. She contacted a deputy she knows and they pressed charges on me.
Anything else the lawyer should know?
Yes.
Hi, I’m TJ, an attorney. Thanks for reaching out. A couple quick questions to give you the best guidance:
- What was the exact M3 charge (“subject under penalty” = what statute/title)?
- What was the outcome (conviction, dismissal, diversion, probation)?
- What state is this in?
No response.
Even if a judge indicated you’d be able to work, daycares and their licensing rules often have strict background standards. They can disqualify applicants for certain charges or convictions—sometimes even arrests—based on state regulations and liability concerns. Those rules can be more restrictive than what a judge contemplated, so the daycare’s denial can still be lawful depending on the charge, outcome, and state (42 U.S.C. § 9858e(c)(2)(F)).
