The criminal background check allows employers to make informed decisions during the hiring and, although there is no federal law that prohibits an employer from asking about arrest or conviction history, a potential employer should not assume that an arrest means a crime was committed. Where inquiries into arrest records are not banned, employers are permitted to make employment decisions based on the conduct underlying the arrest, but the Equal Employment Opportunity Commission (EEOC) issued guidance in April 2012 that states the arrest record, alone, may not be used in employment decision making. It is important for employers to become familiar with state laws and how they interact with the EEOC’s guidelines.
