Restrictions on Criminal Record Checks

There are two types of law that regulate the use of criminal record checks.

Federal Civil Rights Law. Asking applicants to disclose their criminal records may violate their civil rights. Before asking about them, ask yourself:

State law. Some states restrict checks of criminal records to those employers who are checking for specified reasons. Some states even prosecute employers that violate laws preventing criminal record disclosure. On the other hand, most states prohibit people convicted of certain crimes from holding certain occupations, such as home health worker, daycare worker, teacher, etc. Click on your state on the map below to see which laws, if any, affect your ability to check criminal records in your state.