Requesting information on an application regarding a criminal background from a candidate for employment is becoming ill-advised in many states across the US and technically illegal in some. To date, Rhode Island, Hawaii, Massachusetts and Minnesota have passed laws that make this process illegal for private employers. Details vary but all versions of these laws either prohibit or severely restrict inquiries in the early phase of the application process.
Many other states have passed laws that do not allow this practice for public agencies and may extend the ban to include private employers. Obviously, there are concerns about the new laws, but given the trend in this process, and the apparent public support that is coming along with it, we recommend that our partners consider removing this question from the initial application process.