Applications and interviews are two important vehicles employers use to decide whether or not to hire a job applicant. Employers use pre-employment inquiries to learn about the job applicant's education, skills, employment experience, and increasingly more, his or her criminal history.

A criminal record's effect on employment varies greatly from state to state. Some states prohibit or limit what employers are entitled to ask about a job applicant's criminal record. However, few states actually prohibit employers from obtaining, asking about, or considering arrests that did not lead to conviction. Moreover, mostly all of the states permit employers to ask about and consider convictions. Juvenile cases are usually treated with some exception.

Knowing the rights and obligations of job applicants who have criminal records will help these individuals prepare to answer pre-employment inquiries completely, directly, and honestly.

The table below summarizes relevant state laws pertaining to pre-employment inquiries about arrest records. Please keep in mind that the abbreviated format means that it may not reflect every nuance.