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Employee Rights and Information Center
Criminal Records

Employers have a right to see an individual's criminal record before hiring them. However, that right has several key limitations. The decision not to hire someone based on his or her criminal record must be related to the job, meaning the criminal record indicated that the person could be a liability in that position. Also, in most cases, an employer may not use arrest records in hiring decisions and cannot view expunged crimes, meaning crimes that have been removed from a criminal record. Furthermore, a recent campaign known as "Ban the Box" has encouraged over 150 cities and counties 30 states, and federal employers to remove questions about criminal history from job applications, pushing background checks to later in the hiring process and after an individual is given a chance to fairly present their qualifications. To learn more about criminal records, read below:

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If you have questions about or need help with your legal rights, contact Outten & Golden LLP.