Reprinted with permission Fisher & Phillips LLP
Arrest Records – Fisher & Phillips LLP has created an invaluable document for employment screening purposes that outlines the laws employer’s need to know regarding the use of both arrest and conviction records across the United States.
This chart gives an overview of laws affecting employers’ abilities to inquire into the criminal history of applicants and employees. It covers arrest as well as convictions records in every state.
For example in California employers may ask about arrest records for which the individual is out on bail or when a trial is pending.
Employers, however, may not ask about or use:
1. Arrest or detentions not resulting in convictions; or
2. Arrests involving a successful completion of pretrial or post-trial diversion programs.
In California, for conviction records, employers may not ask about or use:
1. Certain marijuana convictions over 2 years old;
2. Information concerning referral to or participation in any pretrial or post-trial diversion program;
3. Convictions that have been legally sealed, expunged, or statutorily eradicated (per non-discrimination regulations); or
4. Misdemeanor convictions for which probation has been successfully completed or discharged (per non-discrimination regulations).
Public Employers: A state or local agency may not ask an applicant to disclose, orally or in writing, information concerning the conviction history of the applicant, until the agency has determined the applicant meets the minimum employment qualifications, as stated in any notice issued for the position. This prohibition does not apply to any position within a criminal justice agency, or for anyone working on a tract basis for a criminal justice agency.
Clearly this is valuable information for all employers who do employment screening and we want to sincerely thank Fisher & Phillips LLP, Attorneys at Law, for agreeing to let us share this document with you.