A criminal record cannot prevent a person from getting a business license or an occupational license unless the criminal offense would have a direct relationship with the license in question.

Ban-the-box law began in Jan. 2018. Companies with five or more employees are no longer allowed to ask applicants about their criminal history until later in the process so the applicant is judged on skill rather than a criminal record. This gets rid of the traditional check box of whether or not candidates have been convicted of a felony or not. After a conditional offer of employment is made employers can ask about convictions, however they may not ask about arrests that did not lead to a conviction. Again, if the conviction does not directly impact the applicant’s ability to do the work it may not be reason to revoke the offer. If the conviction was the reason for the revocation it must be specified to the applicant and they have the right to respond with favorable evidence.

In Jan. 2017 ban-the-box law went into effect. Here it has two exceptions; if it’s required by state or federal law or the position requires a security or fidelity bond an employer can ask about criminal records. The application must include a statement that the applicant is not required to disclose any arrests, charges, or convictions that were erased; defines criminal records that can be erased; and states an applicant with erased records will be treated as if they never had one. Employers may not refuse to hire an applicant because of erased records, been pardoned, or received a certificate of rehabilitation.

DC is trying to encourage employers to hire those with a criminal history by providing legal defense if a third party is harmed by the employee’s conduct.

State and local agencies cannot deny someone a license, permit, or certificate unless it was for a felony or first-degree misdemeanor and is directly related to the person’s career path. Employers have more protections when it comes to negligent hiring. The only way a suit can be held against the employer is if there was information that showed that an employee was unfit for the position.

Employers may obtain criminal records with the applicant’s finger prints or written consent. In Georgia, probation following a first offence is not considered a conviction and employers may not use it in their decision. If the employer does not hire someone based on their criminal record they must disclose to the applicant why.

It is illegal for an employer to discriminate in any way (hiring, firing, compensation) based on an arrest or court record. The employer may only revoke a job offer when a conviction within the past ten years has a rational relationship to the job, unless federal law states otherwise.

Laws allow employers to require candidates for independent contractor work to sign a release allowing them to view their criminal record. Laws also exempt employers from liability of an employee or candidate that has a criminal record.

Employers cannot ask about arrests in the initial application because of ban-the-box law. However, during an interview they cannot ask: about arrests that did not lead to a convictions; first-time offenses for drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbing the peace; and they cannot ask about sealed or expunged records. If an employer conducts more than five criminal background checks in a year they must: notify the applicant, give a copy of the criminal history to the applicant and the company’s policy on their usage of the information, and give the applicant information on the procedures to correct a criminal record.

Ban-the-box law prevents employers from asking, considering, or requiring applicants to disclose criminal history until they have reached an interview or a conditional offer of employment is made. Employers may notify applicants of what specific criminal records could disqualify them from certain positions.

While there are no laws for employers, there can be no discrimination for professional or occupational licensing based on a prior conviction. It may be considered if it is related to the license.

Law limits the records employers can receive, unless the applicant or employee consents.

If an employer wants to ask about a criminal record in must be similar to this phrase: “Have you ever been arrested for or convicted of a crime that has not been annulled by a court?”

Employers may obtain information about convictions and pending arrests to determine if an applicant is qualified. They must give the applicant notice as well as reasonable time to confirm or deny if it is accurate with a realistic amount of time.

Employers with 10+ employees cannot use a criminal conviction as a reason to not hire someone unless there is reasonable proof that they would provide risk to property, coworkers, or the public. If an employer is using an applicant’s conviction in their decision they must also look at: any state policies encouraging the hiring of those who have been convicted; duties and responsibilities related to the job and if the conviction would impact their ability to do the job; time passed since conviction; age when the conviction occurred; seriousness of the offense; information provided by the applicant about their rehabilitation; and any impact that the employer believes the applicant would have on property or the safety of the company and public. If denied a position based on a conviction the applicant can request a written statement with the employers reasoning within 30 days.

State licensing boards before denying based on a criminal conviction they need to consider: the level and seriousness of the crime, when it happened, applicant’s age at the time of the crime, circumstance of the crime, the relationship between the crime and the license they are applying for, any rehab/prison/parole/employment records since the crime occurred, any other criminal offenses since the conviction, and any written documents/ character references.

In order to request a criminal record employers need to inform the applicant, and tell the state police department when and where they were notified. The police department will notify the applicant that the request has been submitted and both the applicant and employer will receive the same information 14 days after the notification of the applicant.

Employers cannot ask applicants on an application, interview, or otherwise if the applicant has been charged or arrested for any crimes. They may ask about convictions but it cannot be a broad/general question on an employment application, disqualifying convictions based on job needs or that would prevent the applicant form holding the job based on state or federal laws, it is not until the first interview that the employer may ask about convictions. Those who have been convicted of a crime can apply for a Certificate of Recovery and Re-Entry through the parole board on year after a misdemeanor conviction or three after a non-violent felony conviction.

In positions that pay less than $75,000 a year convictions and arrests that are more than seven years old cannot be included in a consumer report.

As of July, 2017 ban-the-box laws have been in effect. Employers of all sizes cannot ask about criminal history on the initial application. They may ask during an interview of after a conditional offer is made. Criminal history can be used if federal or state law would disqualify the applicant, or federal or state law would prohibit the employer from hiring someone convicted of certain offenses. The applicant must receive the opportunity to explain any circumstance surrounding the offense.

Employers may only consider arrests that took place within the past ten years, they must consider if the charges are still pending, were dismissed or if a conviction would negatively impact the applicant’s work performance. Employers can only obtain a complete criminal record for the purposes of securing a bond required for employment, if the position has access to information dealing with national security, trade secrets, confidential or proprietary business information, money, or valuable items, or if it is to assist an investigation of a suspected employee misconduct that would constitute a penal offense under federal or state laws.

It is illegal discrimination to make decisions based on an arrest or conviction record when it comes to hiring. However, if the pending arrest or conviction substantially relates to job, applying for certain types of positions, or a position that requires bonding and the record would preclude that they may use the record as a reason.