Background checks are an essential part of the hiring process for any job applicant in the United States. This is because employers need to know that the person they hire will not be a burden to them in the future. There is no federal law that requires all employers to conduct background checks on all new employees, nor are there any state, county, or city laws that implement these types of requirements. However, if an employer decides to use a criminal record (discovered through the Georgia Criminal Information Center) to make an employment decision, they must inform the applicant about how they obtained the information, the content of the record, and how it affected their decision.
In the public sector, employers are prohibited from asking about an applicant's criminal record in an application for employment for positions in the Executive Branch. However, this does not apply in cases where a conviction for a particular crime prevents that person from working in that specific job. Criminal background checks can be performed as a condition of employment, but only after an interview or conditional offer of employment has been made. Exceptions include employers authorized by law to review credit information of applicants, managerial or supervisory positions, and positions in financial institutions insured by the federal government.
In Louisiana, employers are prohibited from discriminating against applicants based on their criminal history and must establish criteria for making hiring decisions along with criminal records. All employers are also prohibited from keeping information about misdemeanors, arrests, or provisions of applicants that have not resulted in convictions. Consumer information agencies can continue to report felony charges, even if they haven't yet resulted in a conviction or dismissal. In the public sector, employers are prohibited from considering an applicant's criminal record until after the final in-person interview or after a conditional offer of employment has been made.
Exemptions include applicants for employment as police officers or firefighters and any position with access to the Nevada Criminal Justice Information System or the National Criminal Information Center. All public sector employers and all private sector employers with at least four employees are prohibited from asking about an applicant's criminal record before the first interview. Exceptions include positions for which an applicant with previous convictions would be automatically disqualified by law. In the public sector, employers are prohibited from inquiring about an applicant's criminal record before the applicant's initial interview or, if no interview takes place, before a conditional offer of employment has been made.
Exceptions include positions that require by law the consideration of an applicant's criminal record, police positions, criminal justice positions, tax commission positions, liquor checkpoints, and positions that involve working with children or vulnerable adults and volunteers who are not employees. Employers are prohibited from asking about an applicant's criminal history until an interview or once the applicant has been found to be eligible for the position. Employers can only request information about a criminal history of an initial job applicant if it is a position for which an applicant with previous convictions would be automatically disqualified by law. Employment decisions cannot be based on an applicant's criminal record unless they are proven to be work-related and consistent with business needs or if it is a position from which an applicant with previous convictions would be automatically disqualified by law. The type of criminal information that is important to an employer depends on a variety of factors such as their industry, job obligations, applicable laws and regulations on mandatory verification, and hiring objectives.
Private employers are prohibited from asking about an applicant's criminal history until they have been selected for an interview or have received a conditional offer of employment. Employment decisions cannot be based on an applicant's criminal record unless they can be proven to be work-related and consistent with business needs or if it is a position for which an applicant with previous convictions is automatically disqualified by law.
