Restrictions on Criminal Record Checks

April 13, 2006

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There are two types of law that regulate the use of criminal record checks.

Federal Civil Rights Law. Asking applicants to disclose their criminal records may violate their civil rights. Before asking about them, ask yourself:

Is there an adverse impact on minority applicants?
If there is an adverse impact, is the record check related to the performance of the job or some other business necessity?
If there is a business necessity, is there another way to investigate the applicant's background to get around the adverse impact?

State law. Some states restrict checks of criminal records to those employers who are checking for specified reasons. Some states even prosecute employers that violate laws preventing criminal record disclosure. On the other hand, most states prohibit people convicted of certain crimes from holding certain occupations, such as home health worker, daycare worker, teacher, etc. Click on your state on the map below to see which laws, if any, affect your ability to check criminal records in your state.