Can employers ask about arrests or criminal history?
Many “ban-the-box” laws restrict when and how you can ask about criminal history, and asking about arrests that didn't lead to conviction is especially risky. Keep any question narrow, job-related, and properly timed.
Dozens of states and cities delay criminal-history questions until later in hiring and limit what can be asked. Blanket “have you ever been arrested” questions are among the most likely to draw a complaint.
Where a check is permitted, tie it to the specific duties of the role and the timing your jurisdiction allows, rather than a broad sweep up front.
Risky phrasing
“Have you ever been arrested?”
Compliant rewrite
Have you been convicted of an offense relevant to this role's duties?
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