No, there are federal laws that prevent an employer from denying a person employment because the background check shows an individual has a criminal record. The Equal Employment Opportunity Act, which is enforced by the Equal Employment Opportunity Commission (EEOC) states that an employer must base their hiring decision on “business necessity.” When an employer is considering a job candidate with a criminal record, they are obligated to consider three things when rendering a decision: the nature and severity of the transgression; the time that has elapsed since the conviction or the end of the penalty and the type of job for which the candidate is being considered.

Employers who secure reports from outside companies must follow federal laws that fall under the Fair Credit Reporting Act. There are limitations on the type of information that can be furnished to employers. If the job pays $75,000 or more per year, or if the company uses in-house employees to gather the information, the FCRA does not apply. However, employers must follow state statutes, which are often stronger than the FCRA. Case in point, the FCRA does not impose a time limit on how long convictions can be reported, but many states have time limits on reporting convictions in a background check investigation.

These distinctions underlie the importance of understanding what your rights are. If you have a criminal record, the best thing you can do is to examine your court files to find out what records potential employers can access and examine the file for flawed information. Often there are inaccuracies, incomplete or outdated information. You can correct this information in advance. In some cases, you may be able to have the data completely deleted from public records. In some states, certain convictions can be removed from public records. The process can expunge or seal certain criminal convictions and make them unavailable to the public. However, law enforcement agencies may still be able to obtain the information.