HR Question of the Month: Arrest Record

Words: Lisa Hagenson

Question
As a last step in our hiring process, we require a candidate to pass a background check after they have been interviewed. Recently, a background check came back with an arrest listed. Are we allowed to turn down the candidate due to the arrest?

Answer
Employers can consider criminal records when they make the final decision about hiring. An employer considering criminal records in hiring decisions should assess whether the record is relevant to the job. An employer can assess the relevance of a person’s criminal history and how it relates to the risks and responsibilities of the job. The employer’s hiring decision should accurately predict who will be a responsible, reliable and safe employee.

However, arrest records are treated differently. An employer cannot refuse to hire people simply because they have been arrested. The fact that a person was arrested is not proof they committed a crime. That said, there are situations where an employer can explore the person’s conduct leading to the arrest and ask them to explain the circumstances. The employer can then decide whether the conduct is a reason not to hire the person or to make another employment decision.

Employers should also be aware of other laws they may need to comply with. For example, when an employer runs background checks through a company in the business of compiling background information, the employer must comply with the Fair Credit Reporting Act. In addition, several states have enacted laws, commonly known as “Ban the Box” laws, that limit employers’ ability to seek and use information about job applicants’ criminal histories. These provisions generally prohibit employers from automatically disqualifying applicants based on their criminal background. Given the complexities, employers should work with local counsel to ensure their hiring processes comply with all applicable laws.

About: MAP Partner
 0
MASONRY STRONG Podcast, Episode 24 Recap: Gary Hensley, VP of Sales at Oldcastle Adams
July 2025

On this episode of the MASONRY STRONG Podcast, Gary Hensley joins Justin in Indianapolis to talk about his story within the masonry industry, how he got started, how he's seen it evolve, and where he sees it going. Why the Masonry Industry? Concrete and

Read More
The Enduring Power of Structural Masonry
July 2025

Masonry has been holding its ground for millennia — literally. And thanks to the simple brilliance of arching action, it continues to do so with strength, style, and surprising efficiency. In an era of advanced modeling and fast-moving schedules, one time

Read More
Business Building: Do Project Manager / Estimator Combos Work?
July 2025

Steve owns SJP Contractors, a mid-size general contractor specializing in commercial projects. Over the last several years, his company has grown to over $16 million in annual sales, with an average project size of $500,000 to $1,500,000, employing 45 off

George Hedley
Business Building
Read More
Contractor Tip of the Month: Trust Is the Cornerstone
July 2025

If I can’t trust you, I can’t do business with you. I don’t care how talented you are. I don’t care how long we’ve worked together. I don’t care how many projects you’ve completed. If I can’t trust your word, then we don’t have anything to build on—figura

Damian Lang
Contractor Tip of the Month
Read More