• Job application questions regarding criminal history must comply with state law.Winston Davidian/Photodisc/Getty Images
  
  In 2010, the U.S. Census Bureau was sued for discrimination for its refusal to hire individuals with a criminal history. Businesses not only want assurances that they are hiring the best candidate, they want to know that the hiree is honest and has never been convicted of a crime. However, asking about a candidate's criminal history is a delicate matter. Federal and state laws govern what type of information can be solicited regarding a person's criminal background.
  
  

Consent

• Any portion of a job application that asks about criminal history should also solicit consent from the applicant to conduct a criminal background search and should clearly indicate the types of records that will be sought during the investigation. Criminal background checks should never be carried out without the consent of the subject of the investigation. Many states require that a separate, written, signed consent must be obtained from the subject of the criminal history check.
  
  

Arrests

• Many states, including California, do not permit questions or investigations of arrests of a job applicant unless those arrests led to a conviction for a crime. Find out the state law regarding questions about arrests that do not lead to convictions. Soliciting this information in contravention to state law can leave you vulnerable to a lawsuit by the applicant.
  
  

Questions Must Relate to the Job Duties

• Tailor questions to the type of position for which you are hiring. Jobs with a bank will ask about convictions for theft, fraud and the like. If you are hiring for a position that includes contact with minor children, it is appropriate to ask questions about convictions for sexual assault. Asking broad questions or performing a broad investigation designed to obtain criminal history that is not related to the job description could result in a lawsuit.
  
  

Time Limitations

• Some states impose a time limitation on the information you can collect for a criminal background check. For example, state law may stipulate that you can only solicit criminal convictions within the past eight years. Draft your questions to meet those restrictions: Have you been convicted of a felony in the past eight years?
  
  

Misdemeanors

• Many questions regarding criminal convictions expressly exclude misdemeanors. However, some employers may have reason to ask an applicant to list all misdemeanors and traffic or moving violations. Always verify that state law permits such questions. Disclose to the applicant whether a misdemeanor conviction could lead to refusal to extend a job offer. Ensure that your questions about misdemeanors relate to the job description. For example, asking about moving violations is appropriate for an employee that will drive a company automobile, but not for an administrative staff member who has no driving duties.
  
  

Felonies

• Because felonies can lead to prison sentences, most employers consider a felony conviction to be serious. Be sure to comply with state law limitations on the time for which you can ask about a felony conviction. Ask for the details of the conviction. For example: Have you been convicted for a felony in any court in the past seven years? If so, state the type of conviction, the sentence imposed by the court and whether the time has been served.
  
  

Probation or Court Supervision

• Employers may also want to know if an applicant is still under court supervision for a criminal matter. State whether probation or continued court supervision could result in the refusal to offer a job. Draft questions to ascertain the nature of probation or court supervision: Are you currently supervised by a probation officer or another officer of any court? If so, for what type of matter? How long will the supervision continue? Have you violated the terms of probation or supervision?