Know Your Rights

The law generally prohibits employers from:

• Including on a job application any questions about conviction history before a conditional job offer has been made
• Asking about or considering your criminal history before a conditional job offer has been made
• Considering information about arrests not followed by conviction, participation in pretrial or posttrial diversion programs, or convictions that have been sealed, dismissed, expunged, or statutorily eradicated
• Including on a job application that a criminal history would disqualify one from employment prior to application
• Considering, distributing, or disseminating information about your referral to or participating in a pretrial or postrial diversion program
• Not making an individualized assessment considering the nature and gravity of the conduct, the time passed, and the nature of the job held or sought
• Not explaining your right to submit evidence challenging the conviction history report, mitigating circumstances, or circumstances regarding your rehabilitation
• Not notifying you in writing of your right to file a complaint with CRD

After making a job offer, employers are allowed to conduct a criminal history check. But under the law, employers cannot take back a job offer based on an applicant’s criminal history without going through a process that includes:

• Making an individualized assessment that justifies denying the applicant the position;
• Notifying the applicant in writing of a preliminary decision to take back the offer;
• Giving the applicant a chance to provide additional information; and
• Notifying the applicant in writing of a final decision to take back the offer and informing the applicant of the right to complain to CRD.