There is no single rules that can be applied to all the states when it comes to the criminal history required by the employer before he/she can offer employment to a certain individual. A certain employer can ask a question that would not be legal in other states. The nature of job basically dictates what and how can be asked about a certain person`s legal record.it also is a question of location as laws differ from state to state. Its best to consult a state attorney before proceeding with criminal history of a certain individual.
Convictions
If you are a business owner and you want to hire an employee, you may ask if he/she has any past criminal convictions. Conviction in simpler word means if a certain individual was found guilty of crime and went through a trial or has gone through a sentence. The sentence can be of variable types, it can be a fine or time spent in jail on some occasions both are considered. The information involves the type as well as the date of conviction of the individual.
Arrests
Few states have restrictions on what an interviewer can ask an individual.in North Dakota it’s not allowed to about criminal arrests. New Jersey on the other hand does not have such a law and interviewers’ can easily ask such a question. Criminal arrest can be of any time, it may be felony or any offence that involved charges against an individual from the order of district attorney office. The date of the occurrence of the felony as well as its type might already be known when the position is posted.
Crimes Related to the Job
If you are looking forward to hire an employee and the position involved asking about any crimes that might relate to the job somehow, it’s alright to ask relevant questions during the interview. Take for example that you are hiring someone to handling your financials such as cash registers and bank deposits you would not like to hire someone with past stealing charges or identity theft. These cases will directly affect the employer so he may ask about it.
Public Safety
Public safety is important in certain positions so protecting clients safety may be verified by asking questions that are related to it during an interview. For small businesses the entering of homes or driving people, or taking care of children or elders it’s possible to ask the employee about his/her past criminal history. it’s easier to avoid a lawsuit beforehand if you already know all these things about your future employee.