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High riskCriminal record

Can a job posting require 'no criminal record'?

Blanket 'no criminal record' language up front runs into ban-the-box laws in many places. Tie any check to the job and to the timing your jurisdiction allows.

Dozens of states and cities restrict when you can ask about or screen for criminal history, and a flat 'no criminal record' rule in the ad is exactly what those laws target. Some also require an individualized review before you reject someone.

Where a check is permitted, connect it to the specific duties of the role and run it at the stage your jurisdiction allows, rather than announcing a blanket bar in the posting.

Risky phrasing

Candidates must have a clean criminal record, no exceptions.

Compliant rewrite

A background check relevant to this role may be part of a later hiring stage, consistent with local law.

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FairHire is an informational tool, not legal advice. Have qualified counsel review your hiring questions before use.