When applying for a job, does an empoyer have the right to request my police report?

[Smiles06]

I have applied for a job with a company and have completed all the employment requirements; the interviews, drug screening, and paperwork. The employer's personnel office contacted me and requested my court documents and police report concerning a SIS misdemeanor charge from two years ago. The job description I was given when I applied said that I would not be hired if I had a prior conviction for things like stealing, theft, robbery, etc. The misdemeanor charge I have is for endangering the welfare of a child. I went to the court house and received a copy of my court documents showing the court details and that I successfully completed my two year probabtion sentence. I gave this information to the employer and I am now being asked to get the police report for my crime. I was told at the court house that my police report is confidential and I would prefer it to stay that way. Does the employer have the right to request and receive this information to determine if they want to hire me?

 

[army judge]

The employer has no right request the police report.

You can deny them access to the police report.

They'll probably decide not to hire you, if you do.

Darned if you do, darned if you don't.

 

[cbg]

I disagree with AJ. I am not aware of any law that prohibits the employer from asking to see the police report.

 

[army judge]

I disagree with AJ. I am not aware of any law that prohibits the employer from asking to see the police report.

I know of no law that requires an ordinary employer to have access to your arrest records.

I didn't cite statute, however, I addressed the OP'S question about an employer's right to request an arrest record.

This is a slippery slope choice.

If you refuse, they'll find a way to deny you the job.

If you permit it, they'll find a way to deny you the job.

Can an employer refuse to hire me if I have an arrest record?
Employers cannot use arrest records to exclude people from employment.

Arrests alone are not considered reliable evidence that a person has actually committed a crime.

An employer who disqualifies you based on your arrest record must give you an opportunity to explain the circumstances surrounding the arrest.

Also, the employer must consider whether (1) the arrest relates to conduct that is unsuitable for the job; (2) you actually engaged in the conduct for which you were arrested; and (3) the conduct is relatively recent.

http://www.lsnjlaw.org/english/crime/investigatecr/

 

[cbg]

Are not police reports public records?

We are not (yet) addressing the USE of the record, only the employer's right to view it.

 

[army judge]

Are not police reports public records?

We are not (yet) addressing the USE of the record, only the employer's right to view it.

Most police records are, indeed, for public consumption.

That has nothing to do with employment application questions, however.

That is why many employers conduct background checks with the applicant's permission.

The problem for employers is that many states (and EEOC guidelines) bar them from asking a broad question, such as, "Have you ever been arrested?"

They can get a better answer by posing their question another way.

See how some experts see it.

"Have you ever been arrested?"
An employer cannot inquire into arrests.

http://www.andersonbottrell.com/php/pages/articles/interviewchart.pdf

7. "Have you ever been arrested?"
You are innocent until proven guilty; therefore, it is illegal for an interviewer to ask if you've ever been arrested.

Fair questions: Employment applications often include questions about felony convictions, along with a disclaimer saying that a conviction won't necessarily remove you from consideration.

In accordance with U.S. Equal Employment Opportunity Commission (EEOC) policy, employers must weigh a variety of elements when factoring convictions into hiring decisions. These include the nature and severity of the offense, the time that has elapsed, and whether the offense has any relation to the position advertised.

http://www.wetfeet.com/Experienced-...ons-You-Should-Never-be-Asked-in-an-Inte.aspx

Inappropriate: Have you ever been arrested?

OK: Have you ever been convicted of _____? (The crime should be reasonably related to the performance of the job in question.)

http://www.collegecentral.com/Article.cfm?CatID=car&ArticleID=3344

 

[cbg]

I am not disagreeing that arrests cannot be used to make employment decisions.

However, the poster says that he completed his two years probation. That means there was more than an arrest; there was a conviction. In many if not most states, convictions CAN be used to make employment decisions.

Additionally, you are only assuming what the record is to be used for. For all anyone here knows, they simply want to have the information to determine if they would be liable for a negligent hiring charge.

 

[army judge]

I hope the OP gets the job.

I want everyone that desires to work to be employed.

I do not know, nor will I predict what the employer will do.

I just hope the OP gets a job.

It will have no impact on my life.

I suspect it will have a great impact on the OP.

 

[army judge]

This lawyer gave a great response to a similar question.

Why can an employer ask if you have ever been convicted of a crime but not about your arrest?

-- Anonymous

Answer

Although it may vary from state to state, the principal reason why an employer does not ask whether or not you have ever been arrested is not necessarily because it is against the law to ask the question. The reason it is usually very dangerous for an employer to ask a potential employee whether they have ever been arrested is that it tends to have a disproportionate impact on minority applicants. An employer that asks people whether they have been arrested in an interview or on an application opens themselves up to a potential lawsuit based on race discrimination. The fact that the question was asked is not necessarily illegal, it can, however, be evidence in a discrimination case.

Many employers ask about convictions, and usually there is nothing wrong with them doing so. It is often a legitimate question to ask and will usually not open the company up to a discrimination lawsuit. An arrest simply requires probable cause, while a conviction requires the state to prove its case beyond a reasonable doubt, a much higher standard. Therefore, courts will often view asking about a conviction as legitimate, while asking about an arrest will often be viewed as discriminatory.

John F. Melton
Ross|Melton, P.C.
1104 San Antonio Street
Austin, Texas 78701
Austin employment lawyer


http://research.lawyers.com/ask-a-l...out-Arrests-Or-Criminal-Convictions-7151.html