Arrest records and employment
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Arrest records and employment
Hello,
Tecas employers can legally use arrest
records that did not lead to a
conviction in their hiring decision.
California employers cannot even ask if
you have been arrested, and arrests that
did not lead to a conviction cannot.be
reported.
My.question is, if I apply to a company
in TX, and then a branch of the exact
same company in California, will the
Texas branch be able to use arrest
records and the California branch not be
able to?
Asked on June 1, 2019 under Employment Labor Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
This is an issue of local law. So the TX branch can use the records and the CA branch cannot. Therefore, to which branch you apply for employment will control this issue.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, the TX branch will able to use the arrest records. Other than as per federal law--and this issue is not governed by federal law--labor law, including the use of arrest records is "local": it is governed by the law of the state where the office or branch is located. So the TX branch would follow TX law.
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