Graphic Media Alliance

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.

View the full answer

Printer-Friendly Version



24 Hours Left: Don't Miss Your 2026 Wage & Benefits Report

The deadline to participate in the 2026 Wage & Benefits Survey is Friday, July 17. Returning participants can typically update and submit their information in just 10–15 minutes, while new participants gain access to one of the industry's most valuable compensation benchmarking tools. Don't miss your opportunity to contribute and receive the full report.

Read More

Join us for GMA's Biggest Night of the Year!

Registration is now open for the 2026 Print Excellence Awards Grand Ceremony! Join us as we celebrate this year's award winners, recognize outstanding achievement, and enjoy an unforgettable evening of great food, networking, and the very best our industry has to offer.

Read More

Member News: Congratulations to August Grebinski on an Exciting New Chapter

Graphic Media Alliance is proud to celebrate one of our members as August Grebinski transitions from operator to owner of Print Bind Ship through IXL Graphics, Inc. Please join us in congratulating August on this exciting milestone and wishing him continued success in the years ahead.

Read More

Could Your Workplace Be at Risk Even Without an OSHA Violation?

Many employers are familiar with OSHA's specific safety standards, but fewer understand the General Duty Clause—a broad requirement that can result in citations even when no specific regulation exists. This month's Safety Spotlight from Sedgwick explains what every employer should know to reduce risk and maintain a safer workplace.

Read More

Member News: Tecnau Advances High-Speed Inkjet Automation with HP Certification

Congratulations to Graphic Media Alliance member Tecnau on achieving HP certification for its Revolution 50 AutoSetup solution with the HP PageWide Web Press A2200. The milestone reinforces Tecnau's continued leadership in finishing automation and integrated digital print workflows.

Read More

Selling Promotional Products

Your best opportunity to sell promotional products may already be sitting in your customer base. In this week's Short Attention Span Sales Tip, Bill Farquharson explains why success isn't about handing someone a catalog. It's about helping customers discover ideas and applications they never considered. Learn how planting the right seeds today can lead to bigger sales tomorrow.

Read More