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