Checking Arrest Records

Routine checking of arrest records isn't permitted. An arrest record alone is not proof that an applicant committed a crime.

In the event that you are permitted to check arrest records, in order to deny employment on the basis of an arrest record, you must:

• consider the relationship of the arrest charge to the position applied for
• determine the likelihood that the applicant actually committed the conduct alleged in the arrest

If the arrest is related to the position, you must still:

• look at surrounding circumstances
• offer the applicant the chance to explain
• make follow-up inquiries to evaluate the applicant's credibility

Generally, applicants do not even have to disclose any information concerning arrest or criminal charges that did not result in conviction.

State laws. A number of states have laws that grant applicants and employees certain protections against criminal disclosure based on privacy concerns.

Read our case studies for examples of how to use and evaluate arrest records.