When they respond "yes" to being arrested

njjel

What if any questions can be asked during the interview when an applicant states they have been arrested or convicted of a crime?

SMace

What crime have you been convicted of?

marc

I like to see the official documents. Conviction or arrest record, case disposition, etc.

The perp should have those. If they cannot produce them, I pass. I don't want to hear some verbal spin from them that makes them look like Robin Hood or some such. I want to look at the real facts if I am considering going forward.

njjel

OK. Are we legally permitted to request those documents and ask related questions? That's my concern on this.

SMace

Yes, you can ask about CONVICTION of a crime. i would not ask about arrest. We ask for convictions other than minor traffic offenses. Not hiring someone because of a conviction would have to still be related to a bona fide job requirement. Such as day care worker with child offenses or retail worker stealing cash.

njjel

OK. So now if someone is convicted of use and possession of a narcotic can we ask if they still use???

SMace

Are you pulling my leg, now?

If they do use, do you think they are going to tell you the truth?

Do you drug test? That'll give you the answer.

stilldazed

Agree with SMace: do a drug test. Whether the person is or is not a current user is an ADA issue. My advice would be to be willing to discuss (on a limited basis) the potential need to consider accomodation if the candidate requests you to do so but not to raise the subject yourself.

Aside from that, if you happen to pursue misrepresentation, ask them to fully disclose conviction history, whether they have valid legal documentation or not. Search out confirmation on what they told you, and match the two.

Doing the above is a little easier if you are required by some state reg to check criminal history--childcare, senior healthcare, corp officer, intelligence or info sensative job. My organization happens to be required by Florida regulation due to the line of work we are in, and I am firm about misrepresentation. It's a legal way to weed candidates who are well practiced at getting through the interview/hiring process, who may have issues they are not really willing to discuss, and who are not yet employees when the offer for work is rescinded.

Best wishes.