From the Hotline: When to Ask About Criminal Convictions
Question: If we remove the question “Have you ever been convicted of a crime?” from our employment application, is there a concern if that question is on the background check authorization form provided by the third party administrator?
Answer: No. Most, if not all, authorization forms for background check purposes will list this question. The difference between having this question on the background check authorization form and having it on the employment application is that the background check process should be reserved for candidates who have already been offered a position. Background checks should be run post-offer as a condition of employment, rather than as a tool to weed out candidates based on their backgrounds.