Please note that as of November 2016, a of number of states and Cities have passed Ban The Box laws.
Are Employers Permitted to Ask Applicants About Or Consider Arrests That Did Not lead To A Conviction on Job Applications?
It depends on the state. See the following guide to states that have laws regulating these arrest records. Unless superceded by a "Ban The Box" law.
States |
|
Alabama |
Yes |
Alaska |
Yes |
Arizona |
Yes |
Arkansas |
Yes for private employers; No for both public employers and occupational licensing agencies(Ark. Code Ann. §§ 17-1-103(c)(1) and (I).) |
California |
No(Cal Labor § 432.7 (f)(1), (2); and Cal. Penal §13203).) |
Colorado |
Yes, except sealed records(Colo. Rev. Stat. Ann. § 24-72-308(1)(f).) |
Connecticut |
No(Conn. Gen. Stat. § 31-51i).) |
Delaware |
Yes |
District of Columbia |
Yes, except sealed records or when applying for government job, occupational license, or nominating commissionsD.C. Code § §16-803(m); 16-801(11) |
Florida |
Yes |
Georgia |
Yes |
Hawaii |
NoHaw. Rev. Stat. §§ 831-3.2(e) and 378-2.5 |
Idaho |
Yes |
Illinois |
No(775 Ill. Comp. Stat. 5/2-103).) |
Indiana |
Yes, except expunged recordsIC 35-38-9-10(a)(6b) |
Iowa |
Yes |
Kansas |
Yes |
Kentucky |
Yes |
Louisiana |
Yes |
Maine |
Yes |
Maryland |
Yes |
Massachusetts |
NoMass. Regs. Code tit. 804, §§ 3.01 and 3.02 |
Michigan |
Yes, however occupational licensing agencies may not consider arrests not leading to convictionMich. Comp. Laws §§ 37.2205a(1) and 338.43(1) |
Minnesota |
Yes |
Mississippi |
Yes |
Missouri |
Yes |
Montana |
No, except for lawful affirmative action and record keeping purposes(Mont. Admin. R. 24.9.1406(1) and (2) (h).) |
Nebraska |
Yes |
Nevada |
Yes |
New Hampshire |
Yes for private employers; No for public employers and occupational licensing agencies(N.H. Rev. Stat. Ann. § 21-l:51 and 332-A:1).) |
New Jersey |
Yes |
New Mexico |
Yes for private employers; No for both public employers and occupational licensing agencies(N.M. Stat. Ann. §§ 28-2-2 and -3(b)(1).) |
New York |
No(N.Y. Exec. Law §§ 296(16).) |
North Carolina |
Yes |
North Dakota |
Yes |
Ohio |
Yes, except sealed records |
Oklahoma |
Yes, except sealed records |
Oregon |
Yes |
Pennsylvania |
No |
Rhode Island |
No(R.I. Gen. Laws §§ 28-5-6 (7) and -7 (7).) |
South Carolina |
Yes |
South Dakota |
Yes |
Tennessee |
Yes |
Texas |
Yes |
Utah |
No(Utah Admin. R. 606-2-2(U) and (V).) |
Vermont |
Yes, except expunged and sealed records(Vt. Stat. Ann. Tit. 13 § 7606 (b).) |
Virginia |
Yes |
Washington |
Yes |
West Virginia |
Yes |
Wisconsin |
No, unless required for bonding(Wis. Stat. §§ 111.325; .335(1)(a) and .335(1)(b).) |
Wyoming |
Yes |
Updated October 2013
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