5 ms·

> This is yet another reason why I think the "are you a felon?" question should basically be outlawed in the US I mostly agree with this. First, you shouldn’t

> This is yet another reason why I think the "are you a felon?" question should basically be outlawed in the US I mostly agree with this. First, you shouldn’t be allowed to ask about arrests, indictments, or other form of accusations. You should only be allowed to ask about convictions. Further, those questions should be limited to convictions for crimes directly related to the job at hand, and should be time limited. For example, if you’re hiring an accountant that will be managing the organization’s cash, I think you should be allowed to ask if the applicant has been convicted in the last N (let’s say 10) years of embezzlement of an employers funds. But that’s it. No questions about drug convictions, petty cash theft convictions, or anything else.

stordoff 5y ago
You're close to describing the England and Wales system. Cautions and convictions are generally considered 'spent' after a certain amount of time (immediately or a few months/years, depending on the offence and punishment). For most jobs, they are allowed to ask about convictions, but you only need to tell them about unspent offences. You don't need to tell them about spent offences, and they won't show up on a basic criminal records check. Spent convictions only show up in the standard/enhanced criminal records check, and employers may only request access to these for certain roles (for example, working with children or in healthcare). Further, "[i]t's against the law for an employer, university or college to refuse you a role because you've got a spent conviction or caution, unless it makes you unsuitable for the role. For example, a driving conviction might make you unsuitable for a job as a driving instructor". https://www.gov.uk/tell-employer-or-college-about-criminal-record/what-information-you-need-to-give https://www.gov.uk/tell-employer-or-college-about-criminal-r...

stordoff 5y ago

You're close to describing the England and Wales system. Cautions and convictions are generally considered 'spent' after a certain amount of time (immediately or a few months/years, depending on the offence and punishment). For most jobs, they are allowed to ask about convictions, but you only need to tell them about unspent offences. You don't need to tell them about spent offences, and they won't show up on a basic criminal records check. Spent convictions only show up in the standard/enhanced criminal records check, and employers may only request access to these for certain roles (for example, working with children or in healthcare). Further, "[i]t's against the law for an employer, university or college to refuse you a role because you've got a spent conviction or caution, unless it makes you unsuitable for the role. For example, a driving conviction might make you unsuitable for a job as a driving instructor". https://www.gov.uk/tell-employer-or-college-about-criminal-record/what-information-you-need-to-give https://www.gov.uk/tell-employer-or-college-about-criminal-r...