Background checks into arrest and conviction records must follow strict steps, so employers know when and where it's legal to request details of such actions, and where they must draw the legal line. Sample hiring policies can help avoid legal liability when conviction records are in question.
1. During the hiring process, can an employer inquire about an applicant's arrest record?
The general but ambiguous rule of thumb, as provided by federal equal employment opportunity law, is that an employer may ask about an applicant's convictions, but not about arrests that did not result in convictions. There is nothing in the law that prevents you from physically checking arrest records, but a number of courts and the EEOC have consistently ruled it is illegal to have a blanket policy barring employment for those who have been previously arrested. Some states have also passed laws restricting the use of arrest an...(register to read more)