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State Laws and TheIr Impact on Use of

CrImInaI Pecords for EmpIoyment Purposes


Whe the FCRA and EEOC provde a ega framework under whch
consumer reportng agences and empoyers report and use crmna
records, there are a number of state aws that mt the use of arrest
and convcton records by prospectve empoyers. These range from
aws and rues prohbtng the empoyer from askng the appcant any
questons about arrest records, to those restrctng the empoyers use
of convcton data n makng an empoyment decson. In some states,
whe there s no restrcton paced on the empoyer, there are
protectons provded to the appcant wth regard to what nformaton
they are requred to report.
ALABAMA
Arrest: No Aabama statutes have been ocated that restrct an
empoyers abty to obtan and/or use nformaton regardng
arrests.
Conviction: No Aabama statutes have been ocated that
restrct an empoyers abty to obtan and/or use nformaton
regardng convctons.

ALASKA
Arrest: Aaska has a statute ndcatng an ndvdua may not
obtan non-convcton nformaton or correctona treatment
nformaton. Despte ths quafcaton, a crmna |ustce
nformaton, ncudng nformaton reatng to a serous offense,
may be provded f needed to determne whether to grant a
person supervsory or dscpnary power over a chd or
dependent adut. Aaska Stat. 12.62.160 (b)(8), 12.62.160 (b)
(9), 12.62.900.
Conviction: There are no Aaska statutes restrctng an
empoyers abty to obtan or use nformaton regardng
convctons. However, as dscussed above, Aaska mts the
reease of non-convctons and correctona treatment crmna
|ustce nformaton. Aaska Stat. 12.62.160 (b)(9).
Arizona
Arrest: No Arzona statutes have been ocated that restrct an
empoyers abty to obtan and/or use arrest records. However,
the Cv Rghts Dvsons gude to pre-empoyment nqures
states that askng an appcant about hs or her arrest record s
an mpermssbe queston uness there s a "compeng"
busness reason drecty reated to the |ob sought. Arzona Gude
to Pre-Empoyment Inqures, Far Empoyment Practces Manua
(BNA), 453:1861.
Conviction: No Arzona statutes have been ocated that
specfcay restrct a prvate empoyers abty to obtan and/or
use convcton records. An empoyers nqures nto an
appcants pror convctons are acceptabe provded t states on
the empoyment appcaton or durng ntervew that convctons
are not an absoute bar to empoyment. Gude to Pre-
Empoyment Inqures Under the Arzona Cv Rghts Act, Far
Empoyment Practces Manua (BNA), 453:1861.
Arkansas
Arrest: No Arkansas statutes have been ocated to restrct any
prvate empoyers abty to obtan and/or use arrest records.
Conviction: No Arkansas statues have been ocated to restrct
any prvate empoyers abty to obtan and/or use convcton
records.
CaIifornia
Caforna aw paces restrctons on the prospectve empoyers abty
to ask about certan crmna records whe protectng the appcant
from any requrement to dscose certan arrest nformaton.
Arrest: Empoyers cannot ask |ob appcants to dscose
nformaton about arrests or detentons that dd not resut n a
convcton or that resuted n a referra to and partcpaton n a
pre- or post-tra dverson program (e.g., a drug treatment
program). Empoyers aso are prohbted from seekng such
nformaton from any source. If an empoyer does obtan ths
nformaton, t cannot use t as a factor n determnng any
condton of empoyment, ncudng hrng, promoton, or
termnaton. The statute does not prevent an empoyer from
asking an empoyee or appcant about an arrest for whch the
ndvdua s out on ba or on hs or her own recognzance
pendng tra. Ca. Lab. Code 432.7. The statute s sent on how
the empoyer can use such pendng arrest nformaton obtaned,
athough at east one Caforna court has hed that the statute
does not authorze an empoyer to utze an arrest aone as a
bass for dscpnary acton. Pitman v. City of Oakland, 197 Ca.
App. 3d 1037 (1988). Under the Caforna Far Empoyment &
Housng Commssons Reguatons, uness otherwse provded by
aw, t s unawfu for an empoyer or other covered entty to
nqure or seek nformaton regardng any appcant concernng
any arrest or detenton whch dd not resut n convcton or any
arrest for whch a pre-tra dverson program has been
successfuy competed. Ca. Code Regs., tt. 2, 7287.4.
Cafornas Department of Far Empoyment & Housngs Pre-
empoyment Inqury Gudenes aso provde that pre-
empoyment nqures regardng arrests not resutng n
convctons are unacceptabe.
Conviction: Empoyers can nqure about an appcants pror
crmna convctons f the nqury s accompaned by a statement
that such a convcton w not necessary dsquafy the appcant
from empoyment. Caforna Pre-empoyment Inqury Gudenes
Empoyers cannot ask appcants about convctons for
certan mar|uana-reated convctons f the convctons are more
than two years od. Ca. Lab. Code 432.8 Empoyers are
prohbted from askng an appcant to dscose nformaton
concernng an arrest or detenton that dd not resut n a
convcton from any source or utzng nformaton obtaned as a
hrng factor. If an empoyer does obtan ths nformaton, t
cannot use t as a factor n determnng any condton of
empoyment, ncudng hrng, promoton, or termnaton. Ca.
Lab. Code 432.8. Empoyers aso cannot ask about convctons
that have been seaed, expunged, or statutory eradcated or
about any msdemeanor convctons for whch probaton has
been successfuy competed or otherwse dscharged and the
case has been |udcay dsmssed. Ca. Code Regs., tt. 2,
7287.4; Caforna Pre-empoyment Inqury Gudenes .
Empoyers cannot requre an empoyee or appcant to obtan a
copy of hs or her own crmna record. Ca. Pena Code 13326.
CoIorado
Arrest: Coorado aw prohbts empoyers from requrng
appcants to dscose nformaton contaned n seaed arrest
records. Coo. Rev. Stat. 24-72-308. Accordng to the Coorado
Cv Rghts Commsson, questons concernng arrests are not
permtted and are consdered dscrmnatory. Coorado Pre-
empoyment Inqury Gudenes (BNA)
Conviction: Coorado aw prohbts empoyers from requrng
appcants to dscose nformaton contaned n seaed convcton
records. Coo. Rev. Stat. 24-72-308. Accordng to the Coorado
Cv Rghts Commsson, nqures about convctons are mted
to those that are |ob-reated. Coorado Pre-empoyment Inqury
Gudenes (BNA)
Connecticut
Arrest: Empoyers are restrcted from requestng or usng arrest
records. Connectcut prohbts the state from dstrbutng arrest
records not foowed by a convcton or a convcton record that
has been erased n connecton wth an appcaton for
empoyment. Conn. Gen. Stat. 46a-80(d). Connectcut aows
arrest records to be automatcay "erased" when someone s not
convcted and aows hm or her to deny havng an arrest record
when asked. Connectcut Genera Statutes 54-142a
Conviction: No statute or reguaton prohbts the coecton and
use of convcton nformaton. However, t s the pocy of the
state of Connectcut to encourage a empoyers to gve favorabe
consderaton to provdng |obs to quafed ndvduas, ncudng
those wth crmna convctons. Conn. Gen. Stat. 46a-79, 46a-
80.
District Of CoIumbia
Arrest: No Dstrct of Coumba statutes have been ocated that
restrct an empoyers rght to obtan and/or use arrest records.
Conviction: No Dstrct of Coumba statutes have been ocated
that restrct an empoyers rght to obtan and/or use convcton
records.
FIorida
Arrest: No Forda statutes have been ocated that restrct an
empoyers abty to obtan and/or use arrest records. However,
a person whose crmna hstory records have been expunged or
seaed may awfuy deny or fa to acknowedge the arrest,
except when the person s (a) a canddate for empoyment wth a
crmna |ustce agency; (b) a defendant n a crmna
prosecuton; (c) pettonng to have hs or her record expunged or
seaed; (d) a canddate for admsson to the Forda bar; (e)
seekng to be empoyed or censed by the state Department of
Educaton, a dstrct schoo board, or any oca governmenta
entty that censes chd care factes; or (f) seekng to be
empoyed by, censed by, or contracted wth the state
Department of Chdren and Famy Servces or Department of
|uvene |ustce, or to be empoyed or used by a contractor or
censee n a poston nvovng drect contact wth chdren, the
deveopmentay dsabed, the aged, or the edery. Fa. Stat. ch.
943.0585.
Conviction: No Forda statutes have been ocated that restrct
an empoyers abty to obtan and/or use convcton records.
Georgia
Arrest:. Empoyers may not use arrest records that have been
dscharged under the Frst Offenders Law when makng an
empoyment decson regardng a prospectve empoyee. Ga.
Code Ann. 42-8-63. Empoyers cannot obtan or use seaed
records. Ga. Code Ann. 15-11-79.2, 35-3-37. Certan frst
offender crmes n whch the offender has been dscharged
wthout court ad|udcaton of gut are not reportabe under
Georga aw and a notfcaton of dscharge and exoneraton s to
be paced upon the record by the cerk of court. The dscharge s
not consdered a convcton of a crme and may not be used to
dsquafy a person n any appcaton for empoyment.
Excepton: Regstraton requrements wth the state sexua
offender regstry w be foowed, f appcabe. GA Code 42-8-60
through 42-8-63
Conviction: Empoyers may not obtan or use convctons of
those ndvduas who have had ther convctons expunged under
Georgas probaton of Frst Offenders Law. Ga. Code Ann. 42-
8-63. The underyng facts of a crmna acton or the empoyees
guty pea may, however, be used as the bass of an
empoyment decson. 1986 Op. Atty Gen. No. U86-25.
Hawaii
Arrest: Empoyers may not obtan or make adverse empoyment
decsons based upon arrest or court record nformaton found on
empoyment appcatons or other nqures nto an ndvduas
"arrest or court records." Haw. Rev. Stat. 378-2- 9J78.J.
Indvduas havng expungement certfcate may deny arrest
record n empoyment context. Haw. Rev. Stat. 831-3.2(e).
Conviction: Once a condtona offer of empoyment has been
made, but not before, an empoyer may nqure nto and consder
an appcants or empoyees convcton record, f that record
bears a ratona reatonshp to the |ob. Haw. Rev. Stat. 378-2.5.
Ths secton appes ony to convctons wthn the past 10 years
(excudng perods of ncarceraton), and does not ncude fna
|udgments requred to be kept confdenta by the courts.. Haw.
Rev. Stat. 378-6, 378-2.5.
Exceptons: The aw provdes for broader use of convcton
nformaton n bankng, educaton, chdcare, and n homes for
the care of deveopmentay dsabed aduts.
Idaho
Arrest: Empoyers may not obtan or use any record of an arrest
wthout dsposton after one year from the date of the arrest
wthout wrtten consent from the appcant or empoyee. Idaho
Code 67-3008.
Conviction: No statutes has been ocated that restrct an
empoyers abty to obtan and/or use convcton records,
however these shoud not be an absoute bar to empoyment
uness the number, nature, and recentness make the canddate
unsutabe. Idaho Human Rghts Commsson Pre-Empoyment
Inqures Gude.

IIIinois
Arrest: Empoyers may not make adverse empoyment
decsons based upon arrest records, seaed/expunged crmna
hstores, or arrests for whch an ndvdua has peaded guty to
a crme, receved supervson, comped wth the supervson
requrements, and receved a |udgment dsmssng the charges.
775 ILCS 5/2-103, 20 ILCS 2630/5.
Conviction: Empoyers may use convcton nformaton to
evauate prospectve empoyees. 775 ILCS 5/2-103, 20 ILCS
2630/3. However, when obtanng convcton nformaton,
empoyers must obtan a sgned reease from the sub|ect, keep a
copy of the reease on fe for two years, and provde the sub|ect
wth a copy of the report. Empoyers are not abe for actons
reasonaby taken n good fath reance on the report. 20 ILCS
2635/7; 20 I. Adm. Code 1215.30. The Gudenes on
Dscrmnaton n Empoyment adopted by the Inos Department
of Human Rghts state that an empoyer cannot re|ect an
appcant because of a convcton record uness "the nature of
the ndvduas convctons, consdered together wth the
surroundng crcumstances and the ndvduas subsequent
behavor, reveas the ndvdua as ob|ectvey unft for the |ob n
queston." An exampe of a permtted nqury regardng
convcton records s as foows: "Have you been convcted of a
crme n the past 7 years (excudng seaed or expunged
convctons)?" 20 ILCS 2630/5.
Indiana
Arrest: Empoyers may obtan mted crmna hstores
(ncudng arrests, ndctments, and convctons) of appcants for
empoyment purposes. Ind. Code Ann. 10-13-3-27. However,
the Indana Pre-Empoyment Gude states that t may be
dscrmnatory to ask for arrest records.
Conviction: Empoyers may obtan mted crmna hstores of
appcants for empoyment purposes. Ind. Code Ann. 10-13-3-
27. However, the Indana Pre-Empoyment Gude states that t
may be dscrmnatory to ask for convcton records of
msdemeanors or summary offenses.
Kansas
Arrest: Empoyers may requre appcants (and prospectve
ndependent contractors) to grant them access to crmna
hstory records to determne the appcants ftness for
empoyment, and may make adverse empoyment decsons
pursuant thereto as ong as the nformaton reed upon
mpcates the appcants trustworthness, or the safety of other
empoyees or customers. Kan. Stat. Ann. 22-4710.
Conviction: A |ob appcant whose arrest record, convcton, or
dverson of crme has been expunged may state that he or she
has never been arrested, convcted, or dverted of such crme,
except when appyng for a poston n certan state agences and
commssons or n prvate securty. The custodan of records w
reease expunged records on these sub|ects to potenta
empoyers. KS 21-4619 Crmna hstory must reasonaby bear
on the appcants trustworthness or the safety or we-beng of
the empoyers empoyees or customers. Kan. Stat. Ann. 22-
4710(f). Accordng to the Kansas Human Rghts Commsson, ths
standard appes to both pubc and prvate empoyers.
Kentucky
Arrest: Kentucky has adopted the federa Unform Gudenes on
Empoyee Seecton Procedures, whch encompass any "seecton
procedure used to make empoyment decsons." Therefore,
nqury nto crmna record nformaton may be nvadated f t s
a dscrete step n empoyment decsons and f t adversey
affects members of a protected cass, uness the empoyer can
demonstrate the reatonshp of the nqury to performance on
the |ob. Ky. Admn. Reg. 1:050.
Conviction: Empoyers can request convcton records for
feones, most msdemeanors commtted wthn fve years of the
request, and guty peas. Ky. Rev. Stat. 17.160. Empoyers
have no access to appcants/empoyees expunged crmna
records. Ky. Rev. Stat. 431.078.
Louisiana
Arrest: No Lousana statutes have been ocated that restrct an
empoyers abty to obtan and/or use arrest records.
Conviction: No Lousana statutes have been ocated that
restrct an empoyers abty to obtan and/or use convcton
records. Records of crmna convctons that have not been
expunged are pubc record. La. Rev. Stat. 44:3(I). However,
ndvduas may not be dsquafed from engagng n any
professon requrng a state cense soey because of a crmna
record uness convcted of a feony drecty reatng to the
poston sought. Any decson by a Lousana agency barrng an
appcant from engagng n such a professon that s based
partay on a crmna record must be n wrtng and must
expcty state the reasons for the decson. Ths statute s not
appcabe to aw enforcement agences or certan state boards
reguatng professons where ntegrty s of the utmost concern
(e.g., medca examners, dentstry, nursng, pharmacy, state bar
assocaton, prvate nvestgators, engneerng, archtecture,
funera drectors, and the board of educaton). La. Rev. Stat.
37:2950. Once a crmna record has been expunged, empoyers
have no rght to obtan nformaton theren (except for certan
heath care provders as noted beow). La. Rev. Stat. 44:9.
Maine
Arrest: Non-convcton records may be accessed by empoyers
ony wth the express authorzaton of a court or statute or to
determne the sutabty of prospectve aw enforcement offcers.
16 Me. Rev. Stat. 613. Empoyers may obtan crmna hstory
records for ndvduas currenty wthn the |udca system.
Empoyers may aso confrm crmna records through nqures as
to specfc ndvduas, charges and dspostons. Pretra
detenton records (i.e., tme and pace of arrest, name of
arrested ndvdua, and attendant crcumstances) are n the
pubc doman. 16 Me. Rev. Stat. 612, 612-A.
Conviction: Empoyers have free access to convcton records.
16 Me. Rev. Stat. 615. However, the use of the crmna record
nformaton may be nvadated f t adversey affects members of
a protected cass, uness the empoyer can demonstrate the
reatonshp of such a seecton procedure to performance on the
|ob. Mane Pre-Empoyment Inqury Gude Regs. 3.02. |uvene
ad|udcatons can be seaed 3 years after fna dscharge
provded the person has no subsequent crmna hstory and
there are not current charges pendng aganst the person. Me.
Rev. Stat. Ann. tt. 15, 3308(8)(A)
MaryIand
Arrest: No Maryand statues have been ocated that restrct an
empoyers abty to obtan and/or use arrest records. However,
empoyers or prospectve empoyers may not requre ndvduas
to nspect or chaenge ther CHRI. Md. Code Ann., Crm. Proc.
10-228.
Conviction: No Maryand statues have been ocated that restrct
an empoyers abty to obtan and/or use convcton records.
Empoyers may not requre dscosure of expunged nformaton
regardng crmna charges n an appcaton or ntervew or by
other means. A person need not gve nformaton regardng an
expunged charge that dd not resut n a convcton. The refusa
of an appcant to dscose an expunged charge cannot be the
soe reason for hs or her re|ecton from empoyment. Md. Crm.
Procedure Code Ann. 10-109.
Massachusetts
Arrest: Empoyers are prohbted from requestng, makng
record or usng an appcaton to obtan nformaton about an
arrest, detenton, or dsposton for any voaton of the aw that
dd not resut n a convcton. Mass. Ann. Laws. ch.21- 151B,
4(9). The Massachusetts Gudenes aso prohbt questons about
arrests that dd not resut n a convcton. Mass. Regs. Code tt.
804 3.02.
Conviction: Empoyers may ask ndvduas f they were
convcted of a msdemeanor wth some mtatons. Empoyers
cannot nqure about a frst convcton for the foowng
msdemeanors: drunkenness, smpe assaut, speedng, mnor
traffc voatons, affray or dsturbance of the peace. Empoyers
aso are prohbted from askng about any msdemeanor
convctons occurrng fve or more years before the date of the
appcaton or ntervew, or the ast day of ncarceraton
(whchever date s ater). If the ndvdua was convcted of any
offense wthn fve years precedng the nqury, then empoyers
may aso nqure about msdemeanor convctons more than fve
years od. Mass. Ann. Laws ch.21- 151B, 4(9). The
Massachusetts Commsson Aganst Dscrmnaton Gudenes
provde that an empoyer can ask prospectve empoyees f they
have been convcted of a feony.
Indvduas who answer n the negatve to any of the prohbted
nqures are mmune from abty for per|ury and gvng fase
statements. Mass. Ann. Laws ch.21-151B, 4(9); Mass. Regs.
Code tt. 804 3.02.
Michigan
Arrest: Empoyers are prohbted from requestng, makng or
mantanng records regardng a msdemeanor arrest, detenton,
or dsposton that dd not resut n a convcton.. Empoyers may
nqure about feony charges ncudng those that have not
resuted n a convcton or dsmssa. Mch. Comp. Laws
37.2205a.
Conviction: Empoyers may nqure about convctons or
pendng feony charges. Mch. Cv Rts. Comm. "Mchgan Pre-
Empoyment Inqury Gudenes." (NAPBS)
Minnesota
Arrest: Arrest records n Mnnesota are pubc records n the
orgnatng agency. Mnn. Stat. 13.82. However, the
Department of Human Rghts warns empoyers that nqures
about arrests may voate the Mnnesota Human Rghts Law
because they may have an adverse mpact on a protected group.
Conviction: The Department of Human Rghts has ndcated that
nqures about pror convctons do not voate Mnnesota aw.
The empoyer must, however, consder how recent the
convctons are and whether they are cosey reated to the
poston. The Department of Human Rghts prohbts empoyers
from usng pror convctons as an absoute bar to empoyment
absent a bona fde occupatona quafcaton.

Mississippi
Arrest: No Msssspp statutes have been ocated that restrct
an empoyers abty to obtan and/or use arrest records. If an
ndvduas msdemeanor convcton has been expunged, the
ndvdua can answer n the negatve to nqures regardng
arrest or convcton. Mss. Code Ann. 99-19-71.
Conviction: No Msssspp statutes have been ocated that
restrct an empoyers abty to obtan and/or use convcton
records.
Missouri
Arrest:.. The Mssour Commsson on Human Rghts Pre-
Empoyment Inqury Gudenes state that nqures about arrests
are unacceptabe and nqures about the number and knd of
arrests are nadvsabe.
Conviction: Mssour aw aso prohbts empoyers from
dsquafyng ndvduas based on a crmna convcton uness
there s a "reasonabe reatonshp" between the convcton and
the ndvduas abty to perform the |ob. Mo. Rev. Stat.
561.016.
Montana
Arrest:. The Montana gudenes regardng pre-empoyment
nqures warn empoyers about nqurng nto crmna arrest
records. The gudenes state that such nqures may rase
suspcon of dscrmnaton. Mont. Admn. Rue 24.9.1406(2)(h)
Conviction:. The Montana gudenes state that t s awfu for
empoyers to nqure about crmna convctons. Mont. Admn.
Rue 24.9.1406(2)(h). Montana has adopted the EEOC Unform
Gudenes on Empoyee Seecton Procedures, whch address a
seecton procedures used to make empoyment decsons
ncudng crmna hstory. Inqury nto crmna nformaton may
be nvadated f t adversey affects a protected cass. Ths
provson w not appy f the empoyer can show a reatonshp
between the nqury and performance of the |ob. 29 CFR Chapter
XIV, Part 1607; Mont. Admn. Rue 24.9.1410.
Nebraska
Arrest: No Nebraska statues have been ocated that restrct an
empoyers abty to obtan and/or use arrest records.
Conviction: No Nebraska statues have been ocated that restrct
an empoyers abty to obtan and/or use convcton records.
Nevada
Arrest:.. Nev. Rev. Stat. Ann. 179A.100. The Nevada Human
Rghts Commsson prohbts nqures regardng arrests.
Conviction: No Nevada statutes have been ocated that restrct
an empoyers abty to obtan and/or use of convcton records.
The Nevada Human Rghts Commsson expcty permts
nqures regardng feony convctons or msdemeanor
convctons that resut n mprsonment. The Commsson
requres empoyers to nform the consumer that a convcton w
not necessary dsquafy the consumer from consderaton for
the poston. NRS 391.100, 449.179, 463A.030
New Hampshire
Arrest: No New Hampshre statutes have been ocated that
restrct an empoyers abty to obtan and/or use arrest records
Conviction:. No New Hampshre statutes have been ocated that
restrct an empoyers abty to obtan and/or use arrest records.
New Hampshre aw provdes that a person who has an annued
convcton may be questoned about hs or her crmna record
usng anguage such as "Have you ever been arrested for or
convcted for a crme that has not been annued by a court ?"
N.H. Rev. Stat. Ann. 651:5.
New Jersey
Arrest: No New |ersey statues have been ocated that restrct an
empoyers abty to obtan and/or use arrest records.
Conviction: No New |ersey statues have been ocated that
restrct an empoyers abty to obtan and/or use convcton
records.
New Mexico
Arrest: No New Mexco statutes have been ocated that restrct
a prvate empoyers abty to obtan and/or use arrest records.
Conviction: No New Mexco statutes have been ocated that
restrct a prvate empoyers abty to obtan and/or use
convcton records. However, New Mexco has a statute that ams
to aow ex-convcts an opportunty to secure empoyment and to
engage n professons by removng barrers n an effort to make
rehabtaton possbe. N.M. Stat. Ann. 28-2-2.
New York
Arrest: Empoyers may not request nformaton reatng to an
arrest wthout a convcton, uness the charges are st pendng.
N.Y. Exec. Law 15.296.16. The New York Dvson of Human
Rghts Gude to Pre-Empoyment Inqures aso decares nqures
nto an appcants arrest record to be unawfu.
Conviction: Empoyers may ony consder (1) an appcants
convctons that bear a drect reatonshp to the |ob (2) whether
empoyment woud create an unreasonabe rsk to property or to
the safety or wefare of specfc ndvduas or the genera pubc,
or (3) whether the poston s n reaton to the reguaton of chd-
care factes. N.Y. Corr. Law. 23-A 752, 753; N.Y. Exec. Law
296(15).
North CaroIina
Arrest: No North Carona statutes have been ocated that
restrct an empoyers abty to obtan and/or use arrest records.
The subject of an expunged record may legally refraIn from respondIng
to any InquIry regardIng expunged entrIes related to arrest or trIal.
NCGS 15A-146
Conviction: No North Carona statutes have been ocated that
restrct an empoyers abty to obtan and/or use convcton
records.
North Dakota
Arrest: No North Carona statutes have been ocated that
restrct an empoyers abty to obtan and/or use arrest records.
Conviction: No North Carona statutes have been ocated that
restrct an empoyers abty to obtan and/or use convcton
records.
Ohio
Arrest: Empoyers cannot queston an appcant about an
expunged |uvene arrest record. Oho Rev. Code Ann.
2151.358(I). Addtonay, the Oho Cv Rghts Commssons Pre-
Empoyment Inqury Gude cautons that empoyers shoud avod
any nqury that woud revea an arrest wthout a convcton.
Conviction: Empoyers may not queston appcants about
seaed convctons uness the queston bears a drect and
substanta reatonshp to the poston for whch the person s
beng consdered. Oho Rev. Code Ann. 2953.32, 2953.33,
2953.55. The Oho Cv Rghts Commssons Pre-Empoyment
Inqury Gude states that empoyers may ask about specfc
crmes reated to quafcatons for a partcuar |ob. Arrest or
convcton for a mnor msdemeanor voaton n regards to
mar|uana does not consttute a crmna record and need not be
reported by the person so arrested or convcted n response to
any nqures about the person's crmna record ncudng any
nqures contaned n an appcaton for empoyment. Oho Rev.
Code Ann. 2925.04.
OkIahoma
Arrest: Empoyers may request crmna hstory records,
ncudng arrests, for prospectve empoyees. However, certan
"non-serous offenses" as enumerated by statute w be
excuded. Oka. Admn. Code 375:9-1-1, 375:9-1-2. Empoyers
may not ask empoyees about, or request nformaton
concernng, seaed arrest records. Oka. Stat. tt. 22 19.
Empoyers may not requre an appcant to dscose any
nformaton contaned n seaed arrest and crmna records. The
appcant need not provde any nformaton about seaed records
and may state that no such acton has ever occurred. The
empoyer may not deny the appcaton because of the
appcants refusa to dscose such nformaton. 22 O.S. 19
Conviction: Empoyers may request crmna hstory records for
prospectve empoyees. Oka. Admn. Code 375:9-1-1, 375:9-1-
2.
Oregon
Arrest: No Oregon statutes have been ocated that restrct an
empoyers abty to obtan and/or use arrest records.
Conviction: Empoyers cannot rey on a |uvene record that has
been expunged to make empoyment decsons. Or. Rev. Stat.
659A.030.
PennsyIvania
Arrest: Under Pennsyvanas Crmna Record Informaton Act,
empoyers generay may not have access to the foowng
crmna hstory records to determne egbty for empoyment
or vounteer servces: (1) records of arrests wth no convctons
or no dsposton reported; (2) expunged or pardoned
convctons; and (3) convctons reatng to summary offenses. 18
Pa. Cons. Stat. 9125.
Conviction: Empoyers may consder a prospectve empoyees
convctons ony to the extent they reate to the appcants
sutabty for the poston for whch he or she apped. 18 Pa.
Cons. Stat. 9125. The appcant must be notfed n wrtng f he
or she was not hred based n whoe or n part on hs crmna
hstory. 18 Pa. Cons. Stat. 9125.
Rhode IsIand
Arrest: Empoyers may not nqure about an appcants arrest
records, uness the appcant s appyng for a aw enforcement or
agency poston. R.I. Gen. Laws 28-5-7(7).
Conviction: Empoyers may nqure about convcton records.
R.I. Gen. Laws 28-5-7(7). However, f a |ob appcant has had a
convcton expunged, the appcant can respond that he or she
has not been convcted of a crme. Excepton: Appcants for
censes n the area of aw enforcement and educaton must
dscose the fact of a convcton and the custodan of records
sha dscose the exstence of the expunged record . RlCL J2-
J.3-4
South CaroIina
Arrest: No South Carona statutes have been ocated that
specfcay restrct an empoyers abty to obtan and/or use
arrest records.
Conviction: No South Carona statutes have been ocated that
restrct an empoyers abty to obtan and/or use convcton
records.
South Dakota
Arrests: No South Dakota statutes have been ocated that
specfcay restrct an empoyers abty to obtan and/or use
arrest records
Convictions: No South Dakota statutes have been ocated that
specfcay restrct an empoyers abty to obtan and/or use
convcton records. However, questons about a persons arrest,
court, or convcton record may be unawfu under the South
Dakota Human Reatons Act f they are not "substantay
reated" to the functons of the empoyment sought.
Texas
Arrest: The reease or use of expunged feony or msdemeanor
arrest records for any purpose s prohbted and the person
whose records are expunged may deny the arrest and the
exstence of the expuncton order. Texas Code of Criminal
Procedure, Art. 55.03.
Conviction: No Texas Statues have been ocated that restrct an
empoyers abty to obtan and/or use convcton records.
However, a person whose |uvene records have been seaed s
not requred n any appcaton for empoyment to state he or she
has ever been the sub|ect of a |uvene court proceedng. Texcs
Fcmly Code, Ttle J, 558.00J(])
Utah
Arrest: Empoyers may not ask about arrest records and are
advsed to mt convcton nqures to those that are |ob-reated.
Utah Admn. R. 606-2-2(U) and (V). A person whose arrest record
has been expunged may respond to any nqury as though the
arrest dd not occur, uness otherwse provded by aw. UT Code
77-J8-J0
Conviction: No Utah statutes have been ocated that restrct an
empoyers abty to obtan and/or use convcton records.
However, the Utah Pre-Empoyment Inqury Gude ssued by the
Labor Commsson Ant-dscrmnaton Dvson provdes that ony
nqures nto pror felony convctons are proper, and those
nqures are ony advsabe f they are |ob reated. Utah Admn.
Code 606-2-2(V)(1)(2).
Vermont
Arrest: No Vermont statues have been ocated that specfcay
restrct an empoyers abty to obtan and/or use arrest records
Conviction: No Vermont statutes have been ocated that
specfcay restrct an empoyers abty to obtan and/or use
arrest or convcton records.
VIrgInIa
Arrest: Empoyers cannot requre appcants (and agences
cannot requre censees) to dscose nformaton about arrests or
crmna charges that dd not resut n convcton or that have
been expunged. Va. Code 19.2-392.4
Conviction:. Crmna hstory record nformaton may be
dssemnated for nvestgatons of appcants for empoyment f
the |ob w nvove persona contact wth the pubc or when past
crmna conduct woud be ncompatbe wth the nature of
empoyment under consderaton. Va. Code Ann. 19.2-389.
Washington
Arrest:. The Washngton admnstratve reguatons decare that
pre-empoyment nqures regardng arrests must ncude
whether charges are st pendng, have been dsmssed, or ed to
convcton of a crme nvovng behavor that woud adversey
affect |ob performance, and whether the arrest occurred wthn
the ast ten years. Wash. Admn. Code 162-12-140
Conviction: The Washngton Pre-Empoyment Inqury Gude
provdes that nqures regardng convctons w be consdered
|ustfed by busness necessty f the crmes nqured about
reasonaby reate to the |ob dutes, and f such convctons (or
reease from prson) occurred wthn the ast 10 years. Wash.
Admn. Code 162-12-140.
W EST V IRGINIA
Arrest: Accordng to West-Vrgnas Pre-Empoyment Inqury
Gude, pre-empoyment nqures nto genera arrest records are
prohbted. W. Va. Pre-Empoyment Inqures Technca Assstance
Gude (adapted from EEOC gudance materas).
Conviction: Empoyers are prohbted from obtanng arrest or
convcton records uness the empoyer frst obtans the
appcants consent. W. Va. Code 15-2-24(d). Pre-Empoyment
nqures nto pror convctons are permssbe f reasonaby
reated to |ob quafcatons. Consderaton shoud be gven to the
nature and recentness of the convcton and rehabtaton of the
offender. Ths nqury "shoud" be accompaned by a dscamer
that states that a convcton record w not necessary be a bar
to empoyment. W. Va. Pre-Empoyment Inqures Technca
Assstance Gude (adapted from EEOC gudance materas);
Wisconsin
Arrest: Under Wsconsn aw, requestng an appcant, on an
appcaton form or otherwse, to suppy nformaton regardng
any arrest record s generay consdered empoyment
dscrmnaton and s prohbted. However, an empoyer may
nqure regardng, and base empoyment decsons on:
(1) arrest records that are reevant to the empoyees bondabty
when empoyment depends on bondabty; and
(2) pendng crmna charges f the crcumstances of the charge
are substantay reated to the crcumstances of the |ob.
Ws. Stat. 111.33, 111.321, 111.335.
The Wsconsn Pre-Empoyment Inqury Gude provdes that f an
appcant has a pendng arrest that s reated to the |ob to be
performed, the empoyer can ether suspend |udgment unt the
court decson, f possbe, or advse the appcant to appy when
the pendng charge has been resoved. An empoyer shoud
never re|ect an appcant outrght, or dscharge an empoyee,
because of a pendng arrest. Wsconsn Pre-Empoyment Inqury
Gude 2.
Conviction: Under Wsconsn aw, empoyers generay may not
dscrmnate aganst an ndvdua (e.g., refuse to hre, cense,
bar or termnate from empoyment) based on arrest or convcton
records. Ws. Stat. 111.321. Use of convcton records s
aowed under the same crcumstances as pendng arrest records
may be used, i.e., where reevant to the empoyees bondabty,
or to the crcumstances of the |ob sought. Ws. Stat. Ann.
111.32 et seq., 111.335(1)(c)1, 2. However, t s not unawfu to
bar an ndvdua from empoyment (or censure) f he or she was
convcted of a feony. Ws. Stat. 111.335.
The Wsconsn Pre-Empoyment Inqury Gude adds that f an
appcaton form makes any nqury about convctons, t shoud
ndcate that a crmna record does not consttute an automatc
bar to empoyment and w be consdered ony as t reates to
the |ob n queston. Wsconsn Pre-Empoyment Inqury Gude 6.
W YOMING
Arrest: No Wyomng statutes have been ocated that specfcay
restrct an empoyers abty to obtan and/or use arrest records
Conviction: No Wyomng statutes have been ocated that
specfcay restrct an empoyers abty to obtan and/or use
arrest or convcton records
In preparIng thIs reference document, CIS attempted to provIde a concIse guIde to those
state Iaws that restrIct the use of crImInaI records In some manner. WhIIe we have trIed to
be thorough In our approach to thIs subject, the states and references to Iaw noted here
do not represent an exhaustIve compIIatIon of every statute or reguIatIon that may be
appIIcabIe to your partIcuIar busIness or IocaIe. The InformatIon provIded as referenced by
the NAPS, CCH, NA, EEDC and state statues hereIn shouId not be consIdered IegaI advIce
and shouId not repIace IegaI counseI sought by your company. CIS assumes no IIabIIIty for
any errors or omIssIons wIthIn thIs document.