This page is general compliance information, not legal advice. Employers should review applicable federal, state, and local requirements with counsel before changing hiring workflows.
Baseline workflow
- Identify the job location, employer entity, candidate location, and whether the position is regulated.
- Confirm when criminal history can be requested, ordered, or considered in that jurisdiction.
- Provide FCRA disclosure and obtain written authorization before ordering a consumer report.
- Use source-verified records and separate report review from the final hiring decision.
- Complete any required individualized assessment before withdrawing an offer based on criminal history.
- Send required notices, report copies, Summary of Rights, and response instructions before final action.
- Document the decision path, candidate response window, dispute status, and final notice.
California
California's Fair Chance Act generally applies after a conditional offer. Employers considering denial based on conviction history should complete an individualized assessment and provide required notice and response opportunity. The California Civil Rights Department publishes sample documents for employer workflows.
New York City
New York City guidance generally prohibits covered employers from seeking or considering conviction history before a conditional offer. If an employer wants to withdraw the offer after reviewing criminal history, the employer must follow the Fair Chance Process and provide the required written analysis and response period.
Illinois
The Illinois Job Opportunities for Qualified Applicants Act generally restricts covered employers from asking about or considering criminal history until the applicant is selected for an interview, or until after a conditional offer if there is no interview, unless an exception applies.
Massachusetts
Massachusetts CORI rules include specific applicant protections. When an organization is inclined to make an adverse decision based on CORI, it generally must provide the applicant a chance to dispute accuracy along with a copy of the CORI, the relevant policy, and information about correction procedures.
Federal and EEOC considerations
The EEOC recommends that employers consider whether a criminal record is job related and consistent with business necessity. Employers commonly review the nature and gravity of the offense, the time that has passed, and the nature of the job. Federal contractor and public-sector roles may have additional timing rules.