Complete Story
03/20/2025
Arrest Record
Source: Federated Insurance, March 18, 2025
Question
As a last step in our hiring process, we require a candidate to pass a background check after they have been interviewed. Recently, a background check came back with an arrest listed. Are we allowed to turn down the candidate due to the arrest?
Answer
Employers can consider criminal records when they make the final decision about hiring. An employer considering criminal records in hiring decisions should assess whether the record is relevant to the job. An employer can assess the relevance of a person’s criminal history and how it relates to the risks and responsibilities of the job. The employer’s hiring decision should accurately predict who will be a responsible, reliable and safe employee.
However, arrest records are treated differently. An employer cannot refuse to hire people simply because they have been arrested. The fact that a person was arrested is not proof they committed a crime. That said, there are situations where an employer can explore the person’s conduct leading to the arrest and ask them to explain the circumstances. The employer can then decide whether the conduct is a reason not to hire the person or to make another employment decision.
Employers should also be aware of other laws they may need to comply with. For example, when an employer runs background checks through a company in the business of compiling background information, the employer must comply with the Fair Credit Reporting Act. In addition, several states have enacted laws, commonly known as “Ban the Box” laws, that limit employers’ ability to seek and use information about job applicants’ criminal histories. These provisions generally prohibit employers from automatically disqualifying applicants based on their criminal background. Given the complexities, employers should work with local counsel to ensure their hiring processes comply with all applicable laws.
2026 Print Week Celebrations
We eagerly anticipate the upcoming celebration of our Print Excellence Awards, where we will recognize outstanding achievements in print across our four regions. Alongside honoring contest winners, we're excited to pay tribute to distinguished individuals who have made significant contributions to the print community.
Read MorePackaging Sustainability is ‘Failing.’ Or Is It?
One speaker set off a firestorm at The Packaging Conference this week with a comment about packaging sustainability being a flop. Not everyone agrees.
Read MoreFisher Phillips Policy Pulse Webinar
Policy and regulations are constantly evolving, and staying ahead of compliance changes requires knowing what’s happening as it unfolds.
Read MoreGirls Who Print Announces 2026 Print HERstory Month and International Women's Day Conference on March 6
The 8th annual Print HERstory Month celebration returns this March inviting women across print and graphic communications to share the experiences and actions that have shaped their careers through a short Q&A.
Read MoreA Radical Approach to Lead-Gen
If you are looking for leads, there are AI tricks. But the best customers are found using an entirely different technique. Check out Bill Farquharson's Short Attention Span Sales Tip for more.
Read More
