Are Employers Permitted to Ask Applicants about Arrests on Job Applications?
Applications and interviews are two important vehicles employers use to decide whether or not to hire a job applicant. Employers use pre-employment inquiries to learn about the job applicant's education, skills, employment experience, and increasingly more, his or her criminal history.
A criminal record's effect on employment varies greatly from state to state. Some states prohibit or limit what employers are entitled to ask about a job applicant's criminal record. However, few states actually prohibit employers from obtaining, asking about, or considering arrests that did not lead to conviction. Moreover, mostly all of the states permit employers to ask about and consider convictions. Juvenile cases are usually treated with some exception.
Knowing the rights and obligations of job applicants who have criminal records will help these individuals prepare to answer pre-employment inquiries completely, directly, and honestly.
The table below summarizes relevant state laws pertaining to pre-employment inquiries about arrest records. Please keep in mind that the abbreviated format means that it may not reflect every nuance.
|
States |
Can Employers Ask About or Consider Arrests That Did Not Lead to Conviction?
|
|
Alabama |
Yes |
|
Alaska |
Yes |
|
Arizona |
Yes |
|
Arkansas |
Yes for private employers; No for both public employers and occupational licensing agencies (Ark. Code Ann. §§ 17-1-103(c)(1) and (I).) |
|
California |
No (Cal Labor § 432.7 (f)(1), (2); and Cal. Penal §13203).) |
|
Colorado |
Yes, except sealed records (Colo. Rev. Stat. Ann. § 24-72-308(1)(f).) |
|
Connecticut |
No (Conn. Gen. Stat. § 31-51i).) |
|
Delaware |
Yes |
|
District of Columbia |
Yes, except sealed records or when applying for government job, occupational license, or nominating commissions D.C. Code § §16-803(m); 16-801(11) |
|
Florida |
Yes |
|
Georgia |
Yes |
|
Hawaii |
No Haw. Rev. Stat. §§ 831-3.2(e) and 378-2.5 |
|
Idaho |
Yes |
|
Illinois |
No (775 Ill. Comp. Stat. 5/2-103).) |
|
Indiana |
Yes, except expunged records IC 35-38-9-10(a)(6b) |
|
Iowa |
Yes |
|
Kansas |
Yes |
|
Kentucky |
Yes |
|
Louisiana |
Yes |
|
Maine |
Yes |
|
Maryland |
Yes |
|
Massachusetts |
No Mass. Regs. Code tit. 804, §§ 3.01 and 3.02 |
|
Michigan |
Yes, however occupational licensing agencies may not consider arrests not leading to conviction Mich. Comp. Laws §§ 37.2205a(1) and 338.43(1) |
|
Minnesota |
Yes |
|
Mississippi |
Yes |
|
Missouri |
Yes |
|
Montana |
No, except for lawful affirmative action and record keeping purposes (Mont. Admin. R. 24.9.1406(1) and (2) (h).) |
|
Nebraska |
Yes |
|
Nevada |
Yes |
|
New Hampshire |
Yes for private employers; No for public employers and occupational licensing agencies (N.H. Rev. Stat. Ann. § 21-l:51 and 332-A:1).) |
|
New Jersey |
Yes |
|
New Mexico |
Yes for private employers; No for both public employers and occupational licensing agencies (N.M. Stat. Ann. §§ 28-2-2 and -3(b)(1).) |
|
New York |
No (N.Y. Exec. Law §§ 296(16).) |
|
North Carolina |
Yes |
|
North Dakota |
Yes |
|
Ohio |
Yes, except sealed records |
|
Oklahoma |
Yes, except sealed records |
|
Oregon |
Yes |
|
Pennsylvania |
No |
|
Rhode Island |
No (R.I. Gen. Laws §§ 28-5-6 (7) and -7 (7).) |
|
South Carolina |
Yes |
|
South Dakota |
Yes |
|
Tennessee |
Yes |
|
Texas |
Yes |
|
Utah |
No (Utah Admin. R. 606-2-2(U) and (V).) |
|
Vermont |
Yes, except expunged and sealed records (Vt. Stat. Ann. Tit. 13 § 7606 (b).) |
|
Virginia |
Yes |
|
Washington |
Yes |
|
West Virginia |
Yes |
|
Wisconsin |
No, unless required for bonding (Wis. Stat. §§ 111.325; .335(1)(a) and .335(1)(b).) |
|
Wyoming |
Yes |
Updated October 2013
