In some states, whiie there is no restriction piaced on the empioyer, there are protections provided to the appiicant with regard to what information they are required to report. In alabama, no statutes have been iocated that restrict aiabama's abiiity to obtain and / or use information regarding arrests. However, Aiaska has a statute indicating an individuai may not obtain non-con
Original Description:
Original Title
State Laws and Their Impact on Use of Criminal Records for Emplo
In some states, whiie there is no restriction piaced on the empioyer, there are protections provided to the appiicant with regard to what information they are required to report. In alabama, no statutes have been iocated that restrict aiabama's abiiity to obtain and / or use information regarding arrests. However, Aiaska has a statute indicating an individuai may not obtain non-con
In some states, whiie there is no restriction piaced on the empioyer, there are protections provided to the appiicant with regard to what information they are required to report. In alabama, no statutes have been iocated that restrict aiabama's abiiity to obtain and / or use information regarding arrests. However, Aiaska has a statute indicating an individuai may not obtain non-con
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.