Criminal Background Certification Instructions

I.     State Requirements

See also County and City Requirements that may apply if you live or work in a particular city.

California Applicants:  Do not respond to this inquiry unless and until you have been given a conditional offer of employment.  When you are required to respond, you do not need to identify any conviction for a marijuana-related offense if the conviction is more than two years old, or any information pertaining to referral to and participation in any pre-trial or post-trial diversion program, arrests that do not result in a conviction, convictions that have been sealed, dismissed, expunged or statutorily eradicated or any conviction for which you have received a full pardon or issued a certificate of rehabilitation.

Colorado Applicants.  Do not respond to this inquiry unless and until you have been given a conditional offer of employment.

Connecticut Applicants:  Do not respond to this inquiry unless and until the interview stage.  When you are required to respond, you do not need to disclose the existence of any arrest, criminal charge or conviction records which have been erased pursuant to Conn. Gen. Stat. §§46b-146, 54-76o, or 54-142a. Criminal records subject to erasure pursuant to these statutes are records relating to (a) determinations of “delinquency” or that, as a child, you were a member of a family with service needs, (b) a ruling you are or were a “youthful offender”, © a criminal charge that has been dismissed or nulled, (d) a finding you are not guilty of a criminal charge, or (e) a conviction for which you received an “absolute pardon”, provisional pardon or certificate of rehabilitation.  Any person whose criminal records have been erased pursuant to Conn. Gen. Stat. §§46b-146, 54-76o, or 54-142a is deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath. Use the form on opposite side of this page and not the form on the application.

District of Columbia:  Do not respond to this inquiry unless and until you have been given a conditional offer of employment.  When you are required to respond, you are not required to reveal any arrest or criminal accusation made against you that is not now pending and did not result in a conviction.

Hawaii Applicants: Do not respond to this inquiry unless and until you have been given a conditional offer of employment. When you are required to respond, please limit your responses to crimes for which you were convicted within the past 10 years, excluding periods of incarceration.

Illinois Applicants: Do not respond to this inquiry unless and until you have been notified that you have been selected for an interview or, if there is no interview, unless and until you have been given a conditional offer of employment.  You are not required to reveal any sealed or expunged convictions, including expunged juvenile convictions.

Massachusetts Applicants: Under Massachusetts law, an employer is prohibited from making written, pre-employment inquiries of an applicant about his or her criminal history. Do not respond to this question at this time. You may respond to this question after the initial application but then the following caveat applies:

When you are required to respond, do not disclose (i) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted, or (ii) a first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace, (iii) any conviction of a misdemeanor where the date of such conviction or the completion of any period of incarceration resulting therefrom, whichever date is later, occurred three or more years prior to the date of such application for employment or such request for information, unless such person has been convicted of any offense within three years immediately preceding the date of such application for employment or such request for information, or (iv) criminal records that have been sealed or expunged.

Minnesota Applicants: Do not respond to this question unless and until a first interview or, if there is no interview, after a conditional offer is made.

Nevada Applicants: You need only disclose convictions for felonies within the last seven years and for misdemeanors that resulted in imprisonment.

New Jersey Applicants:  Do not respond to this inquiry unless and until after the initial interview.

New Mexico Applicants:  Do not respond to this inquiry unless and until you have been notified that you have been selected as a finalist for the position.

New York Applicants: You are not required to reveal any Youthful Offender convictions.

Oregon Applicants:  Do not respond to this inquiry unless and until the first interview or, if there is no interview, unless and until you receive a conditional employment offer.

Rhode Island Applicants: Do not respond to this inquiry unless and until or after the first personal interview.

Utah Applicants: You may answer No with respect to any conviction for a misdemeanor or summary offense.

Vermont Applicants:  Do not respond to this inquiry unless and until the first interview or once you have been notified that the Company has deemed you otherwise qualified for the position.

Washington Applicants (outside Seattle): Do not respond to this inquiry unless and until the Company has informed you that it has determined that you are otherwise qualified for the position.  When you are required to respond, answer “Yes” only if the conviction or release from imprisonment was within the last ten (10) years, or related to the functions of the position for which you are applying.

II.     County and City Requirements

Austin, TX Applicants:  Do not respond to this inquiry unless and until you have received a conditional offer of employment.

Baltimore, MD Applicants:  Do not respond to this inquiry unless and until you have received a conditional offer of employment.

Buffalo, NY Applicants: Do not respond to this inquiry unless and until a first interview. When you are required to respond, please do not disclose youthful offender convictions.

Columbia, MO:  Do not respond to this question unless and until you have received a conditional offer of employment.

Kansas City, MO:  Do not respond to this inquiry unless and until you have been interviewed for the position and the Company has informed you that it has determined that you are qualified for the position.  When you are required to respond, you are not required to provide information about arrests that did not lead to a conviction(s) that were:  sealed; expunged; reversed on appeal; for violations, infractions, or petty offenses like disorderly conduct; youthful offender or juvenile delinquency findings; or withdrawn after completion of a court program.

New York City Applicants:  Do not respond to this inquiry unless and until you have received a conditional offer of employment.

Philadelphia, PA Applicants: Do not respond to this inquiry unless and until after a first interview has been completed.   When you are required to respond, you are not required to provide information regarding any arrest or criminal accusation that is not pending and that did not result in a conviction.

Portland, OR Applicants:  Do not respond to this inquiry unless and until you have received a conditional offer of employment.

San Francisco, CA Applicants.  In addition to the instructions noted for California applicants, you are not required to provide information about arrests not resulting in a conviction, deferral of judgment programs, juvenile convictions, convictions more than 7 years old (with certain public safety exceptions), driving infractions, unless driving is an element of the job and conviction for a crime that has been decriminalized.

Seattle, WA Applicants: Do not respond to this question unless or until or after a first interview. When you are required to respond, please answer “Yes” only if the conviction or release from imprisonment was within the last ten (10) years, or related to the functions of the position for which you are applying.

Westchester County, NY Applicants:  Do not respond to this question until after you have submitted your employment application.