Requiring Applicants to Self-Disclose Criminal History Information
It is a practice among some employers to require applicants for employment to disclose whether they have prior criminal history. Although Fair Chance Hiring Laws (also known as Ban-the-Box Laws) have received widespread attention in recent years, employers who require self-disclosure ought not to neglect other, often older, state laws that prohibit employers from compelling applicants to disclose certain low level convictions and non-convictions. If your applicant works or resides in one or more of the states or municipalities listed below, you may be required by the laws of those states or municipalities to provide certain warnings to applicants when requesting that they self-disclose criminal history information. The following “Exemplar Criminal History Information Do-Not-Disclose Form”includes exemplar warnings. Please note that this form and the warnings included are provided for your education and consideration only. This publication is not exhaustive and may not include every state with a do-not-disclose requirement. As always, you will want to consult with your compliance officer or legal counsel regarding your specific obligations when requiring applicants to self-disclose criminal history information.