Full question:
Shoplifting - Concealment of Goods. Injury to Personal property. Case disposed - Does an individual have to list on apartment and job applications?
- Category: Employment
- Subcategory: Criminal Records
- Date:
- State: North Carolina
Answer:
This is an important question that many people have. State laws dictate what can be required on applications regarding criminal charges, arrests, and convictions. It's essential to understand the specific terms used in these applications, as they can influence how you should respond.
If the application is for employment and your state permits criminal history questions, your answers may not necessarily affect your job offer unless the offense is relevant to the position. Proving that an employer rejected you based on unrelated criminal history can be challenging.
Under federal law, the Equal Employment Opportunity Commission (EEOC) prohibits blanket denials of employment based on criminal history. If possible, consider having your criminal record expunged or sealed, which would exempt you from disclosing it.
Pay attention to terms like 'arrest', 'charge', 'conviction', and 'criminal record' on applications. Employers, lenders, and regulatory agencies may use your criminal records to assess eligibility for various licenses, which must relate to the specific occupation.
Employers must notify you if they intend to access your criminal record, as required by the Fair Credit Reporting Act. Before using your criminal record in hiring decisions, they must provide you with a copy of the report and a summary of your rights.
Most states prohibit using arrest records that did not lead to a conviction. In states that allow it, strict requirements govern how these records can be used in hiring.
Certain jobs, such as those in banks or positions involving firearms, may be off-limits if you have a felony conviction. Employment in fields involving children or the elderly, like childcare or healthcare, can also be restricted based on your criminal history.
In North Carolina, we did not find any laws prohibiting inquiries about arrests or charges.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.