Crime and Punishment: Using Criminal Histories, Arrest Records, and Background Checks in Employment

Every employer wants to promote and sustain a safe workplace.  One way in which employers try to accomplish this goal is to conduct background checks on its applicants or new hires to assess whether they might pose a risk to other employees, customers, or other individuals they might encounter during their employment.  However, when inquiring about applicants’ criminal histories or arrest records and when basing employment decisions on information obtained through background checks, employers should make sure that they are in compliance with relevant federal, state, and local laws.