Arrest & Conviction Record Discrimination

Arrest Record

The Equal Opportunities Ordinance defines arrest record as including, but not limited to:

• Information indicating that a person has been questioned
• Apprehended
• Taken into custody or detention
• Held for investigation
• Arrested
• Charged with, indicted or tried for any felony, misdemeanor or other offense pursuant to any law enforcement or military authority.

People, employers, employment agencies and labor organizations are covered by the ordinance.

Prospective employers can ask about information on your arrest record. But they can't use the information to deny you employment unless you are “subject to a pending criminal charge and the circumstances of the charge substantially relate to the circumstances of the particular job.” There is no limit on how far back the employer can go. If the employer asks you about your arrest record, you must provide accurate and complete information. You can file a discrimination complaint if you believe that the questions were discriminatory or that the information you provided was used to deny you employment.

For more information, see the Arrest Record Flyer.

Conviction Record

The Equal Opportunities Ordinance defines conviction record as including, but not limited to:

• Information indicating that a person has been convicted of a felony, misdemeanor or other offense, placed on probation, fined, imprisoned or paroled pursuant to any law enforcement or military authority.”

Employers can ask about information regarding your conviction record. But they cannot use the information to deny you employment unless the circumstances of the offense “substantially relate to the circumstances of the particular job.”

People, employers, employment agencies and labor organizations are covered by the ordinance.

For more information, see the Conviction Record Flyer.