Decoding the Reason Behind US Job Applications Asking About Arrests or Convictions

When completing job applications, you might notice that certain employers inquire about arrests or convictions. This practice is partly designed to ensure that employees will be trusted and safe in the work environment, but it also serves several other important purposes.

Understanding the Reasons Behind the Inquiries

There are several reasons why employers ask about arrests or convictions during the hiring process:

To Assess Reliability: Certain jobs, particularly those dealing with public safety, finance, or healthcare, require a high degree of trust and reliability from their employees. Employers ask about arrests or convictions to determine if applicants have a history that could compromise their ability to perform their duties responsibly and ethically.

Due Diligence and Risk Management

Employers also use such inquiries as part of their due diligence process and risk management strategies. For instance, an applicant may have been previously convicted of two instances of aggravated assault in the workplace. If a company hires this individual without conducting a thorough background check, and the employee later assaults a colleague, the company could face significant liabilities.

Consequences of Negligent Hiring

Likewise, failing to perform a background check could lead to legal action. If a coworker is injured and subsequently hires a lawyer, the employer could be held legally responsible for negligent hiring. In such cases, the employer would have been able to avoid hiring this individual if they had discovered the history of assault beforehand.

Common Practices and Requirements

Many US employers have specific policies regarding reporting and background checks. For example, I work for a company that mandates a 48-hour reporting requirement for arrests. Additionally, we conduct level 2 background checks every five years. Employees who fail to report an arrest and are later found non-compliant may face automatic termination.

How to Respond Truthfully and Responsibly

While it is important to be transparent and truthfulness when answering such questions on job applications, it is crucial to understand that being arrested or convicted does not necessarily mean you will be disqualified. Here are a few key points to consider:

Being Honest Matters

Honesty is paramount. Being arrested or convicted may make it more difficult to secure a job in certain industries, such as retail or bank, where trust and reliability are essential. However, the decision to hire ultimately rests with the employer, and being truthful can avoid the risk of legal issues arising from misleading information.

Addressing Past Convictions

If you have a legitimate reason to believe that a past conviction is not relevant or outdated, you can explain this in your application. Some employers may be willing to consider candidates based on their current behavior and character.

Final Thoughts

Employers asking about arrests or convictions are seeking to protect both their organization and their employees. By understanding the reasons behind these inquiries and following company policies, you can navigate the hiring process more effectively and avoid potential legal issues. Honesty, transparency, and a willingness to address concerns openly can make a significant difference in the job application process.