States That Regulate Arrest Information Only

States That Regulate Arrest Information Only

 Several states treat arrests and criminal charges that do not result in convictions differently from criminal convictions. Some of these states have not set any statutory limits on how employers can use information regarding convictions and focus instead on arrests. These states either limit or entirely prohibit employers from obtaining information about arrests or criminal proceedings that did not result in convictions. Rhode Island prohibits employers from obtaining or using any information regarding arrests, regardless of whether a conviction resulted. 5 Other states, including Alaska, Michigan, Nebraska, North Dakota, and South Carolina, provide rules limiting the use of information about arrests that did not result in convictions.

States That Regulate Arrest Information Only

How well do you know your employees?

How well do you know your employees (let alone applicants seeking employment)? Obviously, employees and applicants do not lay all of their cards on the table and tell employers everything about their backgrounds. Many employers therefore take the initiative to learn more, especially when considering applicants. This is not limited to calling an applicant’s references, though. Employers can look into other information about an individual’s background to help make an informed decision on whether to hire that individual instead of others. One key component employers often can use is an individual’s criminal history—whether the individual has been arrested for or convicted of criminal activity.

How well do you know your employees?