# Ever been arrested on an employment application **URL:** \ **Category:** Factual Questions\ **Created:** [August 31, 2004, 12:37am UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331 "2004-08-31T00:37:59Z")\ **Posts on this page:** 12\ **Page:** 2
**Author:** ![Blown\_Injected](https://avatars.discourse-cdn.com/v4/letter/b/a87d85/32.png) [@Blown\_Injected](https://boards.straightdope.com/u/Blown_Injected)\ **Post date:** [September 1, 2004, 2:36pm UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331/21 "2004-09-01T14:36:22Z")
> [@Shodan](#): > > If such a question could legally be asked, I would consider putting down N/A rather than leaving the question blank. A hurried glance at the application might mistake that for a No, and it is not a lie to say that the question is Not Applicable. Oh, that’s very good Shodan. Thanks [insert thumbs up thing here] And thanks for a very good thread, I’m sure it will be helpful. Thought if I put it in IMHO, it might get some peripheral discussion and thoughts, but this worked out great. ---
**Author:** ![Burrido](https://avatars.discourse-cdn.com/v4/letter/b/3be4f8/32.png) [@Burrido](https://boards.straightdope.com/u/Burrido)\ **Post date:** [September 3, 2004, 5:25am UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331/22 "2004-09-03T05:25:10Z")
In my limited experience, Companies will usually run background checks based on places you listed as having lived in. Usually by county. If he/you/whomever doesn’t wish to have that information be available, then do not list counties/cities where you commited the crimes. I was a young hothead in my early years, but have since totally mellowed out. I refuse to answer based on the fact that it was nearly 10 years ago of my last offense and I am a completely different person. ---
**Author:** ![Emmy2635](https://avatars.discourse-cdn.com/v4/letter/e/919ad9/32.png) [@Emmy2635](https://boards.straightdope.com/u/Emmy2635)\ **Post date:** [September 5, 2004, 2:39am UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331/23 "2004-09-05T02:39:46Z")
I have some experience because I work in HR. It is illegal to for an employer to ask that in an interview or on a job application. They can only ask if you have been “convicted” of a crime. ---
**Author:** ![Emmy2635](https://avatars.discourse-cdn.com/v4/letter/e/919ad9/32.png) [@Emmy2635](https://boards.straightdope.com/u/Emmy2635)\ **Post date:** [September 5, 2004, 2:41am UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331/24 "2004-09-05T02:41:53Z")
Burrido, just to let you know… Our background checks use the social security number to find any location the person has ever lived or been associated with. Those locations are then used for the criminal checks. We do not manually input the city/county of the individual. Also, most criminal background checks only go back 7 years, so you’re safe. 🙂 ---
**Author:** ![chaparralv8](https://avatars.discourse-cdn.com/v4/letter/c/e274bd/32.png) [@chaparralv8](https://boards.straightdope.com/u/chaparralv8)\ **Post date:** [September 5, 2004, 3:35am UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331/25 "2004-09-05T03:35:09Z")
answering the question with “never convicted” or “cleared of all charges” or “never went to trial”? It’s a fair, honest answer to the question. ---
**Author:** ![1010011010](https://avatars.discourse-cdn.com/v4/letter/1/ea666f/32.png) [@1010011010](https://boards.straightdope.com/u/1010011010)\ **Post date:** [September 5, 2004, 7:30am UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331/26 "2004-09-05T07:30:42Z")
“I’m sorry I can’t come into work today. I’ve been arrested.” “Oh, I’ll need time off next week to go into court.” “What do you mean you’re firing me for missing work? I wasn’t convicted!” Being arrested and having to appear in court can interfere with your ability to _do your job_, and it is, IMO, a relevant question to ask an applicant… in an interview. I’d actually say the same thing about convictions. I see no reason for having a “Yes/No?” on an application form other than to prejudicially filter people. ---
**Author:** ![carolynnjulie](https://avatars.discourse-cdn.com/v4/letter/c/58956e/32.png) [@carolynnjulie](https://boards.straightdope.com/u/carolynnjulie)\ **Post date:** [September 5, 2004, 4:16pm UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331/27 "2004-09-05T16:16:45Z")
> [@astro](#): > > I’ve never been arrested, but it really does strike me as an incredibly obnoxious question. Convictions are one thing, but asking about _arrests_ is (IMO) akin to asking if anyone ever _accused_ you of doing something illegal, even if the accusation was malicious or unable to be supported. Unless you were convicted of something it’s really none of their business. I agree with you except that it does not mean that you were accused. Being charged with a crime, is being accused. Being arrested is not even being accused. Being arrested means absolutely nothing in the United States at least. A better and more probing question might be: " did you ever go to trial for anything?" at least then you were accused, and prosecuted. If you answer yes to such a question, in todays job market, you can just forget about getting the job, why would an employer hire someone who answers yes to having been arrested instead of a hundred other applicants who say “no”? ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [September 6, 2004, 12:48am UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331/28 "2004-09-06T00:48:06Z")
> [@carolynnjulie](#): > > I agree with you except that it does not mean that you were accused. > > Being charged with a crime, is being accused. > > Being arrested is not even being accused. Being arrested means absolutely nothing in the United States at least. Which raises the another possible answer that is neither lie nor incriminating: **"I have never been charged with any crime."** This would be true even if you had been arrested and but released without charges. I don’t think skillful evasion of the question is the same as lying. ---
**Author:** ![Blown\_Injected](https://avatars.discourse-cdn.com/v4/letter/b/a87d85/32.png) [@Blown\_Injected](https://boards.straightdope.com/u/Blown_Injected)\ **Post date:** [September 7, 2004, 1:52am UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331/29 "2004-09-07T01:52:19Z")
The plot thickens. The application says: “HAVE YOU EVER BEEN ARRESTED, CHARGED, OR HELD BY FEDERAL, STATE OR OTHER LAW ENFORCEMENT AUTHORITIES FOR ANY VIOLATIONS?\* _**YES NO IF YES, LIST EACH INCIDENT, THE DATE, AND THE DISPOSITION:**_\_\_\_\_\_\_\_\_” Then the next question asks about convictions, only felony convictions. Then the \* part says: “\*NOTE: An arrest or a convection of a crime is not an automatic bar to employment. However, failure to reveal any requested information on this employment application that appears on a criminal record check…will be considered falsification of company records, which is an automatic bar to employment or cause for immediate dismissal.” ---
**Author:** ![carolynnjulie](https://avatars.discourse-cdn.com/v4/letter/c/58956e/32.png) [@carolynnjulie](https://boards.straightdope.com/u/carolynnjulie)\ **Post date:** [September 7, 2004, 10:18am UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331/30 "2004-09-07T10:18:43Z")
> [@Blown & Injected](#): > > The application says: > “HAVE YOU EVER BEEN ARRESTED, CHARGED, OR HELD BY FEDERAL, STATE OR OTHER LAW ENFORCEMENT AUTHORITIES FOR ANY VIOLATIONS?\* \_\_\_YES \_\_\_NO > .” When a policeman puts on his flasher and pulls you over, isn’t that : “being held”? ---
**Author:** ![Futile\_Gesture](https://avatars.discourse-cdn.com/v4/letter/f/f05b48/32.png) [@Futile\_Gesture](https://boards.straightdope.com/u/Futile_Gesture)\ **Post date:** [September 7, 2004, 12:00pm UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331/31 "2004-09-07T12:00:11Z")
> [@Shodan](#): > > If such a question could legally be asked, I would consider putting down N/A rather than leaving the question blank. This response gets my vote. It’s an disengenious and offensive question. And being arrested does not give you a “criminal record”, at least by my definitions, as an arrest doesn’t make you a criminal. Only a conviction can do that. Basically an arrest is the result of a police-officer’s opinion. Not much better than hearsay. It’s the conviction that proves the officer right. Do job applications ever ask you to provide references from all the people who may have thought at one time that you’re an idiot and a jerk? And no lying! Arrests shouldn’t be treated any differently. So “not applicable” in all ways. ---
**Author:** ![Canadjun](https://avatars.discourse-cdn.com/v4/letter/c/76d3ee/32.png) [@Canadjun](https://boards.straightdope.com/u/Canadjun)\ **Post date:** [September 7, 2004, 1:04pm UTC](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331/32 "2004-09-07T13:04:57Z")
> [@Blown & Injected](#): > > “\*NOTE: An arrest or a convection of a crime is not an automatic bar to employment. However, failure to reveal any requested information on this employment application that appears on a criminal record check…will be considered falsification of company records, which is an automatic bar to employment or cause for immediate dismissal.” I am certainly not a lawyer (and I don’t think I’m in your jurisdiction anyway), but “…that appears on a criminal record check…” seems to be the important phrase. Can you do a criminal record check on yourself to see what shows up? [Previous page](https://boards.straightdope.com/t/ever-been-arrested-on-an-employment-application/262331.md?page=1)