Criminal Background – State Specific Notices

California Applicants: Do not identify convictions under California Health & Safety Code §§11357(b) or (c), 11360(b) (formerly subdivision (c) of section 11360), 11364, 11365, or 11550, related to marijuana offenses that occurred two (2) or more years before the date of this application. Also, do not identify any conviction for which the record has been judicially ordered sealed, expunged or statutorily eradicated, any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed, or any referral to or participation in a pre-trial or post-trial diversion program.

Connecticut Applicants: Applicants for employment are not required to disclose the existence of any arrest, criminal charge, or conviction for which the records have been erased in accordance with the provisions of Connecticut State Law. Records subject to erasure 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 nulled (not prosecuted), a criminal charge for which a person has been found guilty, or a conviction for which a person received an absolute pardon. Any person whose criminal records have been erased in accordance with the provisions of Connecticut State Law shall be deemed to have never been arrested within the meaning of Connecticut General Statutes and may so swear by oath.

District of Columbia:  Do not identify convictions or arrest records that occurred more than ten (10) years before the date of this application

Georgia Applicants: Do not identify records of crimes for which you were a “first offender” and were exonerated and discharged without a court adjudication of guilt.

Hawaii Applicants:   You are NOT required to respond to questions about your conviction records until after the Company has made you a conditional offer of employment.  At that time, the Company may—and will—inquire about and consider your conviction records in accordance with Hawaii state law.

Kentucky Applicants: Do not identify misdemeanor convictions more than five (5) years old as of the date of this application.

Maryland Applicants: 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.

Massachusetts Applicants: You are NOT required to provide information regarding your conviction records until the interview stage of the hiring process.  At that time, the Company may—and will—inquire about and consider your conviction records in accordance with Massachusetts state law.  By law, this inquiry cannot include:

First conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace;

Conviction of a misdemeanor where the date of such conviction or the completion of any period of incarceration resulting therefrom, whichever date is later, occurred five (5) or more years prior to the date of such application for employment or such request for information, unless such person has been convicted of any offense within five (5) years immediately preceding the date of such application for employment or such request for information; or

Sealed records or juvenile offenses

An applicant for employment with a sealed record on file with the commissioner of probation 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 sealed record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein relative to prior arrests or criminal court appearances. 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.

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 liabilities.

Ohio Applicants: Convictions for certain minor misdemeanor marijuana violations do not constitute a criminal record and need not be reported in response to employer inquiries.  Please consult Ohio Rev. Code § 2925.04 to see if this provision applies to you before responding.

Philadelphia, PA Applicants: The Fair Criminal Record Screening Standards Ordinance prohibits an employer from making any inquiry or requiring any person to disclose or reveal any criminal convictions during the application process, which begins when the applicant inquires about the employment being sought and ends when an employer has accepted an employment application.  An employer may not make any inquiries regarding or require any person to disclose or reveal any criminal convictions before and during the first interview.  If an employer does not conduct an interview, the employer is prohibited from making any inquiries or gathering any information regarding the applicant’s criminal convictions.  If the applicant voluntarily discloses any information regarding his or her criminal convictions at the interview, the employer may discuss the criminal conviction disclosed by the applicant.  (9 Phil Code § 9-3500, et seq.)