However, this negative feedback resulted in the employee's
conditional offer of employment being revoked.
Now, it will be an unlawful employment practice to ask a potential employee about his or her criminal convictions or to consider any convictions until after
a conditional offer of employment is made.
The application form and / or
conditional offer of employment must clearly state that the criminal check is necessary because of the position sought.
Ban the Box regulations make it a discriminatory practice for employers to inquire into an individual's arrest or conviction record until an employer has extended
a conditional offer of employment.
H.R. 3470 The Fair Chance to Compete for Jobs Act would prohibit federal agencies and federal contractors from making a request for or use of the criminal history of a job applicant until after
the conditional offer of employment.
The other scenario involves the prospective employer only making a disclosure and obtaining consent once
a conditional offer of employment has been made to the candidate.