AR HB1618

Employers cannot conduct criminal background checks on job applicants until the applicant becomes a finalist for a position or receives a conditional offer of employment.

Employers may only inquire into and consider criminal convictions or arrests for finalists or those with conditional offers, but cannot exclude applicants based solely on an arrest without determining if the conduct makes them unfit for the position.

Employers cannot withhold or withdraw job offers based on offenses that have no rational relationship to the duties and responsibilities of the position.

Before denying employment based on criminal history, employers must consider: the nature and severity of the offense, evidence of rehabilitation and good conduct, job relevance, likelihood of reoffending, and time elapsed since the offense.

Employers may require applicants to timely submit supplemental information and may consider whether applicants truthfully disclosed criminal history during the application process.