Are employers allowed to take into account an applicant’s past criminal record when making hiring decisions?

In Virginia, employers are allowed to consider an applicant’s past criminal record when making hiring decisions. However, Virginia has laws in place to prevent employment discrimination based on criminal records. Under these state laws, employers may only consider an applicant’s criminal record when it is directly related to the job. For certain positions, employers are allowed to reject an applicant for having a criminal record. These include any job where a conviction could be an immediate threat to other employees or customers, or a job where a conviction is directly related to the duties of the job and could reasonably be deemed an impediment to the applicant’s performance. In addition, employers must provide a written explanation to applicants if their criminal record is used as a factor in denying them employment. This explanation must include an explanation of the conviction(s) that factored into the decision and provide information regarding the applicant’s right to appeal the employer’s action. Employers are not allowed to deny employment on the basis of any arrest(s) that did not lead to a conviction. They cannot use a conviction that is more than five years old to deny employment, unless the position is one with a special responsibility and the conviction was related to the job. It is important for employers to adhere to Virginia’s employment discrimination laws regarding criminal records. Violating these laws could lead to hefty fines and other penalties.

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Are employers allowed to take into account an applicant’s past criminal record when making hiring decisions?

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