hiring-prior-criminal-conviction-question

This is an interesting query that delves into the legal semantics of administrative infractions versus criminal convictions, a common point of confusion. From a jurisprudential and human resources perspective, the distinction is critical.

A "criminal offense" or "criminal conviction" is a formal legal finding of guilt for a crime. Crimes are offenses against the public, prosecuted by the state, and are categorized as felonies, misdemeanors, or, in some jurisdictions, disorderly persons offenses. The legal process for a criminal conviction involves a plea of guilty, a finding of guilt by a jury, or a finding of guilt by a judge. The penalty for these offenses can include fines, probation, community service, or incarceration. A criminal conviction, once entered, becomes part of your permanent criminal record.

Conversely, a parking ticket or a standard speeding ticket is typically a civil infraction or quasi-criminal offense. These are violations of administrative rules or traffic laws, not criminal statutes. When you pay a civil infraction fine, you are admitting guilt to the violation, but this admission does not constitute a "criminal conviction." The infraction is recorded on your driving record, but it does not appear on your criminal record. The fine print you mentioned is essentially an acknowledgment that you have committed the administrative violation and are resolving the matter by paying the prescribed penalty.

How to Answer the Employment Question

The question "Have you been convicted of a criminal offense?" is precisely worded to distinguish between a minor traffic infraction and a criminal conviction.

For a parking or speeding ticket: The correct answer is "No." Because these are civil or quasi-criminal matters, they are not criminal convictions and should not be disclosed in this context. Misrepresenting this information could be viewed as a lack of candor, which is a significant factor in professional employment.
For a more serious offense: The answer depends on the nature of the violation. If you were charged with a more serious traffic violation---such as reckless driving, a DUI/DWI, or vehicular manslaughter---which is classified as a misdemeanor or a felony in your state, then the answer would be "Yes," and you would need to provide an explanatio

Expungement

From a legal and human resources perspective, an expungement is a formal court order to legally erase or seal a criminal record. The effect of this order is that, in most contexts, the incident is treated as if it never occurred. This legal fiction is designed to give individuals a "clean slate" and remove barriers to employment, housing, and other opportunities.

How to Answer the Employment Question with an Expunged Record

In most cases, the correct answer is "No." Because the legal purpose of an expungement is to allow you to honestly and lawfully state that you have not been convicted of that particular offense, you are not obligated to disclose it. Answering "no" is not considered a misrepresentation or lie, as the expungement order legally nullifies the conviction.

A critical caveat exists for certain professions. This includes positions that require high-level security clearances, federal employment, or roles in law enforcement, education, or healthcare. These fields often have special legal exemptions that permit them to access records that are otherwise expunged. For these specific applications, the question may be phrased differently to explicitly ask about expunged records. In such cases, honesty is paramount.

Distinguish between "expungement" and "sealing." In some jurisdictions, these terms are used interchangeably, but they can have different meanings. A sealed record is typically hidden from public view but can still be accessed by law enforcement and certain government agencies. An expunged record, by contrast, is often physically destroyed or removed from public databases. This is a crucial distinction to clarify with a legal professional in your specific jurisdiction.

DUI/DWI and a mere traffic infraction is not a universal constant across all U.S. jurisdictions.

The classification hinges on state and even local statutes, creating a legal taxonomy that is more complex than it might initially appear.

The General Consensus: A Criminal Offense

In the vast majority of U.S. states, a conviction for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) is classified as a criminal offense, typically a misdemeanor for a first offense. This is because the act is seen as a crime against public safety, not just a violation of a traffic rule. The penalties reflect this criminal status, often including:

Jail time: Even for a first offense, a short period of incarceration may be imposed.
Significant fines and fees: These are often much higher than those for a standard traffic ticket.
Mandatory probation or community service.
Driver's license suspension or revocation.
Mandatory installation of an ignition interlock device (IID).

A conviction for a DUI/DWI in these states results in a criminal record, which will be disclosed on most background checks.

The Exception: New Jersey's Legal Framework

However, your specific context as a resident of New Brunswick, New Jersey, is a critical exception to this general rule. In New Jersey, a standard DWI is not classified as a criminal offense. Instead, it is treated as a serious traffic offense under the state's motor vehicle code.

This legal distinction has significant implications:

No criminal record: A conviction for a DWI in New Jersey does not result in a criminal record. Therefore, for most employment applications that ask about criminal convictions, you can truthfully answer "No."
Quasi-criminal status: While not a criminal offense, a New Jersey DWI is often referred to as a "quasi-criminal" offense. This means that although it is tried in municipal court and not criminal court, the accused is still entitled to many of the same constitutional protections as a defendant in a criminal case.
Severe penalties: Despite its non-criminal classification, the penalties for a New Jersey DWI are extremely severe and escalate with each offense. They can include significant fines, license suspension, mandatory attendance at an Intoxicated Driver Resource Center (IDRC), and even jail time.

It's important to note that a DUI/DWI can be elevated to a criminal offense in New Jersey if it involves aggravating factors, such as causing a motor vehicle accident with injury or death, or if other crimes are committed in conjunction with the offense (e.g., drug possession).

prior criminal conviction question (State Law)

After completing your interview for employment, we request you provide us with information about any prior criminal conviction(s).

We will review the criminal history information along with any information you provided to us to help us evaluate whether or not you meet the Company’s standards for employment or placement. If the information you provide about a prior criminal conviction(s) could potentially exclude you from a particular placement we will provide you with notice and allow you a reasonable opportunity to explain why the conviction(s) should not exclude you from that placement. It is our policy to consider any such explanations in the light of all available information, including but not limited to the nature/seriousness of the conviction, the time that has passed, and the nature of the particular placement at issue.

New Jersey

New Jersey law prohibits employers from making oral or written inquiries regarding applicants’ criminal history in an initial application form or initial interview; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company. You do not need to include information regarding: (a) an arrest, or criminal accusation that did not result in a conviction, unless it is currently pending; or (b) arrests or convictions that have been expunged; or (c) an arrest, charge, conviction, or adjudication of delinquency (for example, as a juvenile), or civil penalty (for example, a citation or fine) if the act was for manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish. This includes violations of N.J.S.2C:35-5(11)(b); or a lesser amount of marijuana or hashish in violation of subparagraph (12)(b) of that section, or a violation of either of those paragraphs and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1) or for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10, or for a violation of any of those provisions and a violation of N.J.S.2C:36-2.

New York City

New York City law prohibits employers from making oral or written inquiries regarding applicants’ criminal history in an initial application form or during or, subject to the following, after an initial interview. Employers are, however, permitted to make such requests if an applicant is provided a conditional offer of employment. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and that you have received a conditional offer of employment. You do not need to include information regarding: (a) an arrest, detention or disposition in which no conviction resulted; (b) an arrest that resulted in a Youthful Offender Adjudication pursuant to Crim. Proc. Law § 720.35; (d) an arrest that was processed as a Juvenile Delinquency proceeding in Family Court; (e) an arrest that resulted in sealing pursuant to Crim. Proc. Law § 160.50 or 160.55; or (f) any conviction that was sealed pursuant to Crim. Proc. Law § 160.58, unless the inquiry is specifically required or permitted by New York State or Federal law. As indicated in Article 23-A of the New York Correction Law, a copy of which you have been provided with your background check consent form, a conviction does not automatically bar you from employment. the Company will evaluate any such information in accordance with the New York Correction Law and the New York City Fair Chance Act.

Philadelphia, PA

Philadelphia law prohibits employers from making inquiries regarding applicants’ criminal history during the application and interview process; however, employers are permitted to make such requests concerning convictions that occurred in the past seven years (or perhaps longer, if you were incarcerated in the past seven years, as explained below) after a conditional offer of employment has been made. A conviction does not automatically bar you from employment. An individualized assessment of the criminal background information will be conducted that takes into account, among other things, the relation of the conviction to the employment sought, potential risk, and business necessity. If your conditional offer of employment is withdrawn following the individualized assessment, you will be notified in writing of the decision and the basis for the decision, and provided with a copy of the criminal history report. You will then have ten business days to dispute the accuracy of the information or to provide further explanation. When you answer the questionnaire, do not include information regarding:(a) an arrest, or criminal accusation in which no conviction resulted; (b) an arrest, or criminal accusation which is not currently pending; (c) arrests or convictions that have been expunged; (d) convictions that occurred more than seven years ago, unless you have been incarcerated in the past seven years. If so, you should include information regarding convictions that occurred in the last seven years, considered cumulatively, in which you were not incarcerated. When you answer the question on this questionnaire, please include information regarding currently pending arrests, charges, or convictions only if they relate to one of the following: (i) violent crimes (including but not limited to murder, sexual violence, assault, robbery, battery, domestic violence, harassment, etc.); (ii) crimes involving allegations of dishonesty (including but not limited to theft, burglary, fraud, embezzlement, etc.); (iii) crimes involving the use or sale of drugs or controlled substances; and/or (iv) any other crime(s) concerning your conduct at any current or prior place of employment.

Please read through the following instructions. A conviction does not automatically bar you from employment. This information will only be used for job-related purposes consistent with applicable law and is only relevant in determining whether the conviction is related to the job for which you are applying. Factors such as age at the time of the offense(s), recentness of the offense(s), the seriousness of the offense(s), nature of the violation(s), its relation, if any, to the job you are seeking, and rehabilitation will be taken into account. Failure to honestly answer this question may result in discontinued consideration of your application or termination of employment. For purpose of this question, unless stated to the contrary in the location-specific guidance below, a conviction includes being convicted of, pleading guilty or no contest to, or receiving probation before judgment or a suspended sentence with respect to any crime. Applicants in CA, CO, CT, DE, HI, IL, IN, KY, LA, MA, MD, MN, NJ, NY, OH, OK, OR, PA, RI, UT, VA, and WA should not disclose information pertaining to sealed or expunged conviction records. Below is additional location-specific guidance for CA, Los Angeles (CA), San Francisco (CA), CT, D.C., HI, Louisville (KY), MD, Baltimore City (MD), Montgomery County (MD), Prince George’s County (MD), MA, MN, Kansas City (MO), NJ, Buffalo (NY), Rochester (NY), New York City (NY), Suffolk County (NY), Westchester County (NY), Portland (OR), Erie (PA), Philadelphia (PA), RI, VA, WA, and Seattle (WA). If you are an applicant in any of those jurisdictions you must review the location-specific guidance prior to answering Fair Chance and local Ban the Box laws prohibit employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests at later stages of the application process. By signing this Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment. Admitted Criminal Information

California applicants:

Note: This document does not apply to San Francisco or Los Angeles applicants. If the applicant is applying in San Francisco, please review the section below for San Francisco applicants. If the applicant is applying in Los Angeles, please review the section City of Los Angeles applicants. For all other California applicants, please continue to review this section.

What this is: After completing your interview for employment, we request you provide us with information about any prior criminal conviction(s). We will review the criminal history information along with any information you provided to us to help us evaluate whether or not you meet the Company’s standards for employment or placement. If the information you provide about a prior criminal conviction(s) could potentially exclude you from a particular placement we will provide you with notice and allow you a reasonable opportunity to explain why the conviction(s) should not exclude you from that placement. It is our policy to consider any such explanations in the light of all available information, including but not limited to the nature/seriousness of the conviction, the time that has passed, and the nature of the particular placement at issue.

What to do: Please read the following instructions before answering the Criminal History question listed above.

By signing this document, you acknowledge that the Questionnaire is not completed as part of your initial written application for employment with the Company. When you answer the question, please do not include information regarding:

i. marijuana-related misdemeanor convictions that occurred over two years ago; or ii. any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to law, including Penal Code Sections 1203.4, 1203.4a, 1203.45, and 1210.1; iii. any information whatsoever regarding proceedings before a juvenile court;or iv. sealed, voided, or expunged conviction records, or referral to or participation in a pre-trial or post-trial diversion program. City of Los Angeles, CA applicants: An individualized assessment of the criminal background information will be conducted by linking specific aspects of your criminal history (if any) with any risks inherent in the duties of the position you are seeking. This process will take into account, among other things, the relation of the nature and gravity of the criminal offense, the time that has elapsed since the criminal offense took place, and the nature of the employment held or sought. A conviction will only impact your eligibility for placemen to the extent it is job-related and consistent with business necessity.

If a tentative decision to withdraw your conditional offer of employment is made following the individualized assessment, you will be notified in writing of the decision and the basis for the decision and provided with a copy of the criminal history report and any other information supporting the decision to withdraw the conditional offer. You will then have (5) five business days to dispute the accuracy of the information, to provide further explanation, and/or to explain why in your particular circumstance the criminal background should not impact your eligibility for placement. If you do so, this information or documentation will be considered, and – if the decision to withdraw the conditional offer does not change you will be notified, and a written reassessment will be provided For purpose of this form, a conviction is a record from any jurisdiction that includes information indicating that you have been convicted of a felony or misdemeanor, provided that the conviction is one for which you were placed on probation, fined, imprisoned, or paroled.

Applicants do not need to answer any question or provide any information regarding their criminal history until after they have received a conditional offer of employment and do not need to include information regarding (a) marijuana-related misdemeanor convictions that occurred over two years ago; (b) any misdemeanor or conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed or ordered sealed pursuant to law, including Penal Code Sections 1203.4, 1203.4a, 1203.45, and 1210.1.; (c) any information whatsoever regarding proceedings before a juvenile court; or (d) sealed, voided, or expunged conviction records.

City and County of San Francisco, CA applicants do not need to answer any question or provide any information regarding their criminal history until after their first interview is completed and do not need to include information regarding: (a) an arrest, detention or disposition in which no conviction resulted; (b) information pertaining to an offense other than a felony or misdemeanor, such as an infraction; (c) participation in or completion of a diversion or a referral of judgment program; (d) convictions that have been dismissed, expunged, voided, invalidated or rendered inoperative; (e) any information whatsoever regarding proceedings before a juvenile court; (f) convictions that are more than seven (7) years old, the date of conviction being the date of sentencing; or (g) convictions for an offense that was subsequently decriminalized after your sentencing; or (h) marijuana-related misdemeanor convictions that occurred over two years ago or any misdemeanor or conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed or ordered sealed pursuant to law, including Penal Code Sections 1203.4, 1203.4a, 1203.45, and 1210.1. A conviction may only impact your eligibility for placement to the extent it is job-related and consistent with business necessity (after considering, among other things, the nature and gravity of the criminal offense, the time that has elapsed since the criminal offense took place, and the nature of the employment sought). If a tentative decision that the conviction excludes you from placement is reached, you will be notified of the basis for the decision. You will then have the opportunity to dispute the accuracy of the information, to provide further explanation, and/or to explain why in your particular circumstance the conviction should not impact your eligibility for placement. If you do so, this information or documentation will be considered.For purpose of this form, a conviction includes being convicted of, pleading guilty or no contest to, or receiving probation before judgment or a suspended sentence with respect to any crime.

Connecticut - Connecticut law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests once a conditional offer of employment has been extended. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and that you have received a conditional offer of employment. You do not need to include information regarding: (a) the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to section 46b-146, 54-76o or 54-142a, (b) that criminal records subject to erasure pursuant to section 46b-146, 54-76o or 54-142a are records pertaining to a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty or a conviction for which the person received an absolute pardon, and (c) that any person whose criminal records have been erased pursuant to section 46b-146, 54-76o or 54-142a shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

Washington D.C. - Washington D.C. law limits when employers may ask about an applicants’ criminal history; generally, D.C. employers are permitted to make such requests after a conditional offer of employment has been extended to the applicant. By signing the Questionnaire, you acknowledge that the Questionnaire was completed after you received a conditional offer of employment and was not a part of your initial written application for employment with the Company. You do not need to include information regarding an arrest or criminal accusation which is now not pending against you and which did not result in a conviction.

Hawaii - Hawaii law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and that you have received a conditional offer of employment. Inquiry into and consideration of conviction records for prospective employees may take place only after the prospective employee has received a conditional offer of employment, which may be withdrawn if the prospective employee has a conviction record that bears a rational relationship to the duties and responsibilities of the position. For purpose of this form, a conviction is an adjudication by a court of competent jurisdiction that the defendant committed a crime, not including final judgments required to be confidential pursuant to section 571-84. Hawaii applicants do not need to include information regarding: (a) any felony conviction over 7 years old (excluding periods of incarceration); or (b) any misdemeanor conviction over 5 years old (excluding periods of incarceration); or (c) records which have been erased, sealed, expunged or subjected to an executive pardon or juvenile adjudication of delinquency.

Louisville, KY - Louisville law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and that you have received a conditional offer of employment. You do not need to include information regarding (a) an arrest, detention or disposition in which no conviction resulted; or (b) convictions that have been dismissed-diverted or expunged.

Maryland (Baltimore City, Montgomery County, and Prince George’s County applicants, see below also) “PLEASE NOTE THAT UNDER MARYLAND LAW, AN EMPLOYER MAY NOT REQUIRE OR DEMAND, AS A CONDITION OF EMPLOYMENT, PROSPECTIVE EMPLOYMENT, OR CONTINUED EMPLOYMENT, THAT AN INDIVIDUAL SUBMIT TO OR TAKE A LIE DETECTOR OR SIMILAR TEST. AN EMPLOYER WHO VIOLATES THIS LAW IS GUILTY OF A MISDEMEANOR AND SUBJECT TO A FINE NOT EXCEEDING $100”.

Baltimore City, MD - Baltimore City, MD law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests once a conditional offer of employment has been extended. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment. When you are reviewing the conviction question, please answer the following question: Have you ever been convicted of, plead guilty or no contest to, or received probation before judgment with respect to any crime (including misdemeanors and felonies)? You do not need to include information regarding: (a) an arrest, detention or disposition in which no conviction resulted unless it involves a charge that is currently pending; or (b) arrests or convictions that have been expunged or shielded.

Montgomery County, MD - Montgomery County, MD law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment. You do not need to include information regarding (a) an arrest or charge that is not currently pending and which did not result in a conviction; or (b) arrests or convictions that have been expunged under section 10-101 to 10-110 of the Criminal Procedure Article of the Maryland Code; (c) a first conviction of trespass under section 6-402 or 6-403 of the Criminal Law Article of Maryland Code; disturbance of the peace under section 10-201 of the Criminal Law Article of Maryland Code; assault in the second degree under section 3-203 of the Criminal Law Article of Maryland Code; (d) a conviction of a misdemeanor if at least 3 years have passed since the date of conviction and the date that any period of incarceration of the misdemeanor ended; or (e) any matter for which records are confidential under section 3-8A-27 of the Courts and Judicial Proceedings Article of the Maryland Code.

Prince George County, MD - Prince George’s County, MD law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment. You do not need to include information regarding: (a) an arrest or charge that is not currently pending and which did not result in a conviction; or (b) arrests or convictions that have been expunged.

Massachusetts - Massachusetts law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment.

“It is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liability.”

MA applicants do not need to include information regarding: (a) an arrest, detention or disposition in which no conviction resulted; (b) a first conviction for drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace; or (c) misdemeanor convictions that have been closed for more than five (5) years (i.e., the conviction occurred more than five (5) years ago and, the individual was released more than five (5) years ago from any period of incarceration resulting from the conviction).

A MA applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein relative to prior arrests, criminal court appearances or convictions. In addition, any applicant for employment may answer ‘no record’ with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution.

An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ to an inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, adjudications or convictions.

Minnesota - Minnesota law prohibits employers from making inquiries regarding applicants’ criminal history prior to being selected for an interview; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company, you have completed an initial interview, and you have received a conditional offer of employment. You do not need to include information regarding an arrest, detention or disposition in which no conviction resulted.

Kansas City, MO – Kansas City, Missouri law prohibits employers from making inquiries regarding applicants’ criminal history prior to being selected for an interview; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company, you have completed an initial interview, and you have received a conditional offer of employment. You do not need to include information regarding an arrest, detention or disposition in which no conviction resulted.

New Jersey - New Jersey law prohibits employers from making oral or written inquiries regarding applicants’ criminal history in an initial application form or initial interview; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company. You do not need to include information regarding: (a) an arrest, or criminal accusation that did not result in a conviction, unless it is currently pending; or (b) arrests or convictions that have been expunged; or (c) an arrest, charge, conviction, or adjudication of delinquency (for example, as a juvenile), or civil penalty (for example, a citation or fine) if the act was for manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish. This includes violations of N.J.S.2C:35-5(11)(b); or a lesser amount of marijuana or hashish in violation of subparagraph (12)(b) of that section, or a violation of either of those paragraphs and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1) or for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10, or for a violation of any of those provisions and a violation of N.J.S.2C:36-2.

Buffalo, NY - Buffalo law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment.

You do not need to include information regarding: (a) an arrest, detention or disposition in which no conviction resulted; (b) an arrest that resulted in a Youthful Offender Adjudication pursuant to Crim. Proc. Law § 720.35; (c) an arrest that was processed as a Juvenile Delinquency proceeding in Family Court; (d) an arrest that resulted in sealing pursuant to Crim. Proc. Law § 160.50 or 160.55; or (e) any conviction that was sealed pursuant to Crim. Proc. Law § 160.58, unless the inquiry is specifically required or permitted by New York State or Federal law.

Rochester, NY - Rochester law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment. You do not need to include information regarding: (a) an arrest, detention or disposition in which no conviction resulted; (b) an arrest that resulted in a Youthful Offender Adjudication pursuant to Crim. Proc. Law § 720.35; (c) an arrest that was processed as a Juvenile Delinquency proceeding in Family Court; (d) an arrest that that resulted in sealing pursuant to Crim. Proc. Law § 160.50 or 160.55; or (d) any conviction that was sealed pursuant to Crim. Proc. Law § 160.58, unless the inquiry is specifically required or permitted by New York State or Federal law.

Suffolk County, NY – Westchester County law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment. You do not need to include information regarding: (a) an arrest, detention or disposition in which no conviction resulted; (b) an arrest that resulted in a Youthful Offender Adjudication pursuant to Crim. Proc. Law § 720.35; (c) an arrest that was processed as a Juvenile Delinquency proceeding in Family Court; (d) an arrest that that resulted in sealing pursuant to Crim. Proc. Law § 160.50 or 160.55; or (d) any conviction that was sealed pursuant to Crim. Proc. Law § 160.58, unless the inquiry is specifically required or permitted by New York State or Federal law.

Westchester County, NY – Westchester County law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment. You do not need to include information regarding: (a) an arrest, detention or disposition in which no conviction resulted; (b) an arrest that resulted in a Youthful Offender Adjudication pursuant to Crim. Proc. Law § 720.35; (c) an arrest that was processed as a Juvenile Delinquency proceeding in Family Court; (d) an arrest that that resulted in sealing pursuant to Crim. Proc. Law § 160.50 or 160.55; or (d) any conviction that was sealed pursuant to Crim. Proc. Law § 160.58, unless the inquiry is specifically required or permitted by New York State or Federal law.

New York City - New York City law prohibits employers from making oral or written inquiries regarding applicants’ criminal history in an initial application form or during or, subject to the following, after an initial interview. Employers are, however, permitted to make such requests if an applicant is provided a conditional offer of employment. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and that you have received a conditional offer of employment. You do not need to include information regarding: (a) an arrest, detention or disposition in which no conviction resulted; (b) an arrest that resulted in a Youthful Offender Adjudication pursuant to Crim. Proc. Law § 720.35; (d) an arrest that was processed as a Juvenile Delinquency proceeding in Family Court; (e) an arrest that resulted in sealing pursuant to Crim. Proc. Law § 160.50 or 160.55; or (f) any conviction that was sealed pursuant to Crim. Proc. Law § 160.58, unless the inquiry is specifically required or permitted by New York State or Federal law.

As indicated in Article 23-A of the New York Correction Law, a copy of which you have been provided with your background check consent form, a conviction does not automatically bar you from employment. the Company will evaluate any such information in accordance with the New York Correction Law and the New York City Fair Chance Act.

Portland, OR - law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests once a conditional offer of employment has been extended. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment. A conviction does not automatically bar you from employment. An individualized assessment of the criminal background information will be conducted that takes into account, among other things, the relation of the nature and gravity of the criminal offense, the time that has elapsed since the criminal offense took place, and the nature of the employment held or sought.

If your conditional offer of employment is withdrawn following the individualized assessment, you will be notified in writing of the decision and the basis for the decision, and provided with a copy of the criminal history report. You will then have ten business days to dispute the accuracy of the information or to provide further explanation.

You do not need to include information regarding: (a) an arrest not leading to a conviction, except where a crime is unresolved or charges are pending against an applicant; (b) convictions that have been judicially voided or expunged; and, (c) charges that been resolved through the completion of a diversion or deferral or judgment program.

Erie, PA - Erie law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests once a conditional offer of employment has been extended. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment. A conviction does not automatically bar you from employment. A conviction may only impact your eligibility for placement to the extent it bears such relationship to the employment sought that the Company may reasonably conclude that you would present an unacceptable risk to the operation of the business or to co-workers or customers, and that exclusion is compelled by business necessity (after considering, among other things, the nature of the criminal offense, the time that has elapsed since the criminal offense took place, your employment history before and after the offense and any period of incarceration, the duties of the employment sought, any character or employment references, and any evidence of your rehabilitation since the conviction(s)). If a tentative decision that the conviction excludes you from placement is reached, you will be notified of the basis for the decision. You will then have the opportunity to dispute the accuracy of the information, to provide further explanation, and/or to explain why in your particular circumstance the conviction should not impact your eligibility for placement. If you do so, this information or documentation will be considered.

For purpose of this questionnaire, criminal history shall mean any criminal conviction or sentence arising from a verdict or plea of guilty or nolo contendere (no contest), including a sentence of incarceration, a suspended sentence, or a sentence of probation. please do not include information regarding: (a) criminal history over ten years old; or (b) records that have been erased, sealed, or expunged.

Philadelphia, PA - Philadelphia law prohibits employers from making inquiries regarding applicants’ criminal history during the application and interview process; however, employers are permitted to make such requests concerning convictions that occurred in the past seven years (or perhaps longer, if you were incarcerated in the past seven years, as explained below) after a conditional offer of employment has been made. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment. A conviction does not automatically bar you from employment. You do not need to include information regarding: (a) an arrest, or criminal accusation in which no conviction resulted; (b) an arrest, or criminal accusation which is not currently pending; (c) arrests or convictions that have been expunged; or (d) convictions that occurred more than seven years ago, unless you have been incarcerated in the past seven years. If so, you should include information regarding convictions that occurred in the last seven years, considered cumulatively, in which you were not incarcerated.

An individualized assessment of the criminal background information will be conducted that takes into account, among other things, the relation of the conviction to the employment sought, potential risk, and business necessity.

If your conditional offer of employment is withdrawn following the individualized assessment, you will be notified in writing of the decision and the basis for the decision and provided with a copy of the criminal history report. You will then have ten business days to dispute the accuracy of the information or to provide further explanation.

Rhode Island - Rhode Island law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such requests at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment. You do not need to include information regarding: (a) an arrest or charge that is not currently pending and which did not result in a conviction; or (b) arrests or convictions that have been expunged.

Virginia applicants please do not include information regarding (a) an arrest, detention or disposition in which no conviction resulted; (b) convictions that have been dismissed, expunged, or voided; or (c) any records relating to the arrest, criminal charge, or conviction for a violation of VA Code § 18.2-250.1 (which addresses the unlawful possession of marijuana), including any violation charged under § 18.2-250.1 that was deferred and dismissed pursuant to § 18.2-251.

Washington (City of Seattle applicants, see below also) applicants do not need to provide any information pertaining to sealed or expunged conviction records or if the conviction is more than 10 years old or information regarding an arrest, detention or disposition in which no conviction resulted unless a charge is currently pending.

Seattle, WA - Seattle law prohibits employers from making inquiries regarding applicants’ criminal history in an initial application form; however, employers are permitted to make such inquiries at later stages of the application process. By signing the Questionnaire, you acknowledge that the Questionnaire was not completed as part of your initial written application for employment with the Company and you have received a conditional offer of employment. You do not need to include information regarding: (a) an arrest, detention or disposition in which no conviction resulted unless a charge is currently pending; or (b) sealed or expunged conviction records or convictions more than 10 years old. If you have a criminal history, you will be provided an opportunity to respond, correct, or explain the information and provide a statement of rehabilitation and good conduct.

When you answer the questionnaire, do not include information regarding:(a) an arrest, or criminal accusation in which no conviction resulted; (b) an arrest, or criminal accusation which is not currently pending; (c) arrests or convictions that have been expunged; (d) convictions that occurred more than seven years ago, unless you have been incarcerated in the past seven years. If so, you should include information regarding convictions that occurred in the last seven years, considered cumulatively, in which you were not incarcerated.

When you answer the question on this questionnaire, please include information regarding currently pending arrests, charges, or convictions only if they relate to one of the following: (i) violent crimes (including but not limited to murder, sexual violence, assault, robbery, battery, domestic violence, harassment, etc.); (ii) crimes involving allegations of dishonesty (including but not limited to theft, burglary, fraud, embezzlement, etc.); (iii) crimes involving the use or sale of drugs or controlled substances; and/or (iv) any other crime(s) concerning your conduct at any current or prior place of employment.

Expungement​

DUI/DWI and a mere traffic infraction is not a universal constant across all U.S. jurisdictions.​

prior criminal conviction question (State Law)

New Jersey​

Expungement

DUI/DWI and a mere traffic infraction is not a universal constant across all U.S. jurisdictions.

New Jersey