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
Case Study: Argo Community High School Performing Arts Center
December 2025

Argo Community High School is located in Summit, Illinois, just southwest of Chicago’s Midway Airport. In 2016, the Argo Community High School Board of Education and the school’s administration undertook the construction of a new performing

John Cicciarelli
Case Study
Read More
Fireside Foundations: Crafting Holiday Fireplaces That Last All Year
December 2025

The fireplace holds a special place in every home, especially during the holidays. It’s where families gather, stories are shared, and the flicker of firelight creates

Jeff Tew
Technical Talks
Read More
Manufactured Stone Veneer Trends for 2026: What’s Next in Stone & Masonry Aesthetics
December 2025

As design trends evolve, stone and masonry continue to stand at the intersection of artistry, performance, and innovation. For 2026, manufactured stone veneer (MSV) is emerging as one of the most dynamic materials in the exterior and interior design space

Sarah Lograsso
MAP Partner
Read More
Construction Robotics Upgrades to Gold in the 2026 Masonry Alliance Program
December 2025

The Mason Contractors Association of America (MCAA) is delighted to share that Construction Robotics will upgrade their Silver partnership to a Gold partnership in the 2026 Masonry Alliance Program.

Industry News
Read More