---
title: "Background Checks: Arrest Records v. Conviction Records"
description: Everything is going perfectly in your hiring process with a promising candidate – until you discover they have a criminal record. What are your next steps?
image: https://www.chanesolutions.com/hubfs/Imported_Blog_Media/Background-Checks-Arrest-Records-v-Conviction-Records.jpg
---

[Background Check Companies](https://www.chanesolutions.com/blog/tag/background-check-companies) | 2 min read

December 2019

# Background Checks: Arrest Records v. Conviction Records

[Chane Solutions Team](https://www.chanesolutions.com/blog/author/chane-solutions-team)

![Background Checks: Arrest Records v. Conviction Records](https://www.chanesolutions.com/hubfs/Imported_Blog_Media/Background-Checks-Arrest-Records-v-Conviction-Records.jpg)

Everything is going perfectly in your hiring process with a promising candidate – until you discover they have a criminal record. Your first instinct may be to drop their application like a hot potato. But, you may want to give it some further thought before automatically rejecting this potential hire. Start by considering the difference between an arrest and a conviction.

 

- Under U.S. law, a person doesn’t have to be guilty of a crime to be arrested. There only needs to be a reasonable belief that an individual may have broken the law. In many cases, people are falsely accused of crimes or are simply victims of circumstance.
- An arrest record is not definitive proof that someone has broken the law. It merely indicates that there was a suspicion of that happening.
- A conviction record is created when a person has gone through the legal system and has been found guilty of a crime in a court of law. Or, they have confessed or settled out of court. And even this is not definitive proof that a person did commit a crime, just that they were judged guilty. However, a conviction record does generally carry more weight, as it is a stronger indicator of a criminal liability than an arrest record.

## **How to Handle the Situation **

It’s not against the law in most jurisdictions to exclude a candidate from your hiring process based on an adverse criminal history, as long as you consider certain factors and treat everyone equally. You cannot exclude one applicant of a particular group but allow another one to continue in the process. This includes anyone with either an arrest or a conviction record.

- Candidates have a right to know you are running background checks on them, as well as which information you have uncovered and why they may not be considered for your hiring process.
- Discuss records with candidates. In some ways, an arrest record may be worse for an applicant than a case where they went to trial and were acquitted. In the former scenario, there may be a lingering question about whether or not they were indeed guilty, whereas, in the latter, there is a conclusive verdict of innocence. In any case, if you do uncover something negative in a person’s history, it’s advisable to discuss the issue with them and get their side of the story.
- And don’t forget! In some states and jurisdictions, there are specific requirements relating to this process.

 

## Want More Information?

You don’t want to leave any grey areas as you make the best-informed hiring decision with every job vacancy. To eliminate any unanswered questions, partner with a firm that specializes in criminal history searches, as well as other necessary employment screenings and tests. To learn more, [contact Chane Solutions](https://www.chanesolutions.com/contact-us) today.

Sources:

[https://www.legalmomentum.org/sites/default/files/reports/answeringcrquestions.pdf](https://www.legalmomentum.org/sites/default/files/reports/answeringcrquestions.pdf)

[https://www.justia.com/employment/employment-discrimination/criminal-conviction-discrimination/](https://www.justia.com/employment/employment-discrimination/criminal-conviction-discrimination/)

 

## Leave a comment

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