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



2025 Wage + Benefits Survey

We need your participation! Stronger participation gives more meaningful results. More meaningful results puts you ahead of your competition.

Read More

GMA Briefs: 15-Minute Power Sessions to Elevate Your Marketing, Sales, and Culture

GMA members now have exclusive access to Briefs—quick, high-impact virtual sessions held on the first three Thursdays of each month. Led by industry expert Kelly Mallozzi, each session delivers focused insights in under 20 minutes on timely topics designed to help you and your team grow.

Read More

4 Things Employers Need to Know About the DOL’s New Approach to Independent Contractor Classification

This development will have a particular impact on manufacturers

Read More

Stop One Click from Costing Millions

One employee mistake can put your entire business at risk: 76% of all cyber attacks start as phishing attempts.

Read More

A Virtual Reality Printing Press

In an intriguing pairing of the old and the new, students at Rochester Institute of Technology (RIT) have created a virtual reality (VR) application of the letterpress printing process.

Read More

5 AI Lessons From the 6 Months of 2025

Halfway through 2025, are you where you should be—with sales and AI? Bill Farquharson shares 5 fast lessons that will get you caught up and ahead before the year ends.

Read More