When a criminal background check on an applicant results in an arrest record with no conviction, it is best for employers to call counsel to avoid unnecessary costs and claims. Not doing so could lead to liability, so it is important to 1. Understand whether a violation has already occurred by an employer in simply asking for the criminal background check and 2. Whether the employer can proceed in using the information it now knows to make a decision affecting the applicant or candidate. This is because federal law does not prohibit employers from running criminal background checks or asking about a criminal record on an application, but it does prohibit inquiries before a conditional offer is made. State laws vary, so it is important to become familiar with all that may apply.
