Routine checking of arrest records isn't permitted. An arrest record alone is not proof that an applicant committed a crime.
In the event that you are permitted to check arrest records, in order to deny employment on the basis of an arrest record, you must:
If the arrest is related to the position, you must still:
Generally, applicants do not even have to disclose any information concerning arrest or criminal charges that did not result in conviction.
A number of states have laws that grant applicants and employees certain protections against criminal disclosure based on privacy concerns.
Read our case
studies for examples of how to use and evaluate arrest records.