If I am up for a job in another state, can they ask about a recent arrest for a misdemeanor charge that may come up during the background check?

The incident happened 8 months ago and just now came up again a few days ago. I was arrested and now there is a pending case for marijuana misdemeanors. I know state law says they can’t use arrests is this true since I don’t live there yet?

Asked on August 15, 2012 under Employment Labor Law, Kansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a back ground check as to a potential employee is an acceptable way of screening potential job applicants. Such is commonly used in the industry.

If there is a criminal matter listed on your back ground check, such issue is fair game to be asked about in the interview process by a potential employer.

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