Can you ask about criminal convictions at interview

This law applies only to public employers in the state of Nevada. Private employers are not prohibitedfrom inquiring into the criminal history of an applicant.

Criminal history of an applicant can only be considered after: 1 the final interview is conducted in person; 2 the applicant has been offered a conditional offer of employment; or 3 the applicant has been certified by the administrator. Furthermore, it is unlawful discrimination for an employer to ask about an arrest record, to have a job requirement that applicant have no arrest record, or to use information about arrest record to make a hiring decision, unless it is a business necessity.

It is unlawful discrimination to ask about arrest record if it has the purpose or effect of discouraging applicants of a particular racial or national origin group. Special situations: There are specific rules for casino employees, longshoremen and related occupations, horse racing, and other gaming industry jobs.

Records of arrest not followed by a valid conviction and misdemeanor convictions not involving moral turpitude may not be used in connection with an application for any public employment, license, or other authority. A regulating agency may consider convictions for felonies and for misdemeanors involving moral turpitude. However, such convictions cannot be an automatic bar to authority to practice in the regulated field.

An employer may not inquire into arrests or charges that did not result in conviction, unless the charges are currently pending. This means that employers cannot inquire about the criminal history of an applicant during the interview process. Private employers are not prohibited from inquiring into the criminal history of applicants. Employers may obtain records of convictions or of criminal charges adults only occurring in the past three years, provided the information has not been purged or sealed.

Private employers are not prohibited from asking about criminal history. Public employers ae prohibited from including on any form for application for employment any question concerning the criminal background of the applicant. For records that have been sealed, applicant may respond to inquiries as though the arrest did not occur.

This law applies to public employers. All state agencies are prohibited from asking job applicants questions regarding convictions and criminal history, unless a felony conviction would automatically render an applicant not qualified. The law in Oklahoma does not prevent employers from inquiring of felony convictions during the interview process, and does not prevent employers from conducting background checks into prospective employees.

No employer public or private may require an applicant to disclose information about a criminal conviction prior to an initial interview or before a conditional offer of employment has been made. This rule applies only to public employers. The policy does not apply to positions in which a criminal conviction makes an applicant ineligible under law, or to positions involving security of people or property, or law enforcement.

Agency guidelines for pre - employment inquiries: Pennsylvania Human Relations Commission. Employers are prohibited from inquiring whether an applicant has ever been convicted before the first interview. Additionally, employers are prohibited from inquiring whether the applicant has ever been arrested or charged with any crime.

Applicants do not have to disclose any information that has been expunged. Agency guidelines for preemployment inquiries: South Dakota Division of Human Rights, "Preemployment Inquiry Guide" suggests that an employer shouldn't ask or check into arrests or convictions if they are not substantially related to the job.

This law applies to private and public employers within the city of Austin with 15 or more employees. A public employer may not exclude an applicant from an initial interview because of a past criminal conviction. This can happen if a public employer:. Employers are prohibited from asking about criminal record information on an initial employee application form.

All executive government agencies are prohibited from asking an applicant about their criminal history on the initial application. Furthermore, employers may not require an employee or applicant to disclose information about any criminal charge that has been expunged,. The state's website says that employers can only make inquiries about convictions directly related to the job. Consider the nature and recentness of the conviction and evidence of rehabilitation. Include a disclaimer that a conviction is not necessarily a bar to employment.

For someone applying for a position in the civil service, the director may not require an applicant to supply information regarding the conviction record of the applicant, before the applicant has been certified for the position. This law does not prohibit the director from notifying the applicant that a particular conviction record may disqualify them from employment.

The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases.

Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site. Find an Employment Attorney. Workplace Fairness is a non-profit organization working to preserve and promote employee rights. This site provides comprehensive information about job rights and employment issues nationally and in all 50 states.

More about Workplace Fairness. Arizona Unless the offense has a reasonable relationship to the occupation, an occupational license may not be denied solely on the basis of a felony or misdemeanor conviction. California Does the law affect public or private sector employers? This law affects all employers with 5 or more employees. What are the rules? Colorado Does this rule apply to private or public employers?

This law applies to both public and private employers. Connecticut Does this law affect private or public employees?

This law affects all employers in the state of Connecticut. Delaware Does this law apply to public or private employers? The employer should consider: The nature of the offense The time that has passed since the offense The nature of the position sought Florida Employees and applicants may not be disqualified from practicing or pursuing any occupation or profession that requires a license, permit, or certificate because of a prior conviction, unless it was for a felony or first degree misdemeanor and is directly related to the specific line of work.

Georgia Does this rule apply to private or public employers? Hawaii Does this law apply to public or private employers? Manage a team April 18, Share post on. Homebase makes hiring easier. Sign up for free today to get started. Get started. At Homebase, Carol focuses on providing thought leadership, tips and tricks, and scalable HR solutions for the over , businesses that Homebase helps to make managing hourly work easier. Prior to Homebase, Carol focused on helping small and medium businesses navigate the tricky waters of human resources, working with companies across the retail, food service, oil and gas, and healthcare industries through her roles as HR Director at Fuddruckers and Achilles Group, a Houston-based HR consulting firm.

Remember: This is not professional legal advice. If you have questions about your particular situation, please consult a lawyer, CPA, or other appropriate professional advisor. Related posts Manage a team November 2, Manage a team October 28, Manage a team October 25, Subscribe to our newsletter Looking for ways to stay up to date on employment laws and small business news? Thanks for subscribing.

Can you use some help with that? Get a free resume evaluation today from the experts at Monster's Resume Writing Service. You'll get detailed feedback in two business days, including a review of your resume's appearance and content, and a prediction of a recruiter's first impression. Legal disclaimer: None of the information provided herein constitutes legal advice on behalf of Monster. Thank you! You are now a Monster member—and you'll receive more content in your inbox soon.

By continuing, you agree to Monster's privacy policy , terms of use and use of cookies. Search Career Advice. Advice Interviews Interview Preparation. How to address your criminal history in a job interview You can still get a job even with a criminal record.

Use these tips to steer the conversation toward your strengths. Daniel Bortz, Monster contributor.