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Job Application Requirements
Many states enforce rules, such as the “Fair Chance Act,” prohibiting employers from requesting an applicant’s criminal or salary history on a job application.[1] It’s advised to check region and industry-specific restrictions on the type of information that can be asked.
Under the Code of Federal Regulations, employers must keep job applications in their filings for at least one year.[2]
Criminal/Salary History Inquiries – Laws (By State) |
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| State | Criminal History | Salary History | Statute |
| CA | Not permitted for employers w/ 5+ employees (allowed after conditional employment offer). | Not permitted. | §12952(a), §432.3(b) |
| CO | Not permitted. | Not permitted. | §8-2-130(3)(a)(iii), §8-5-102(2)(a) |
| CT | Not permitted | Not permitted. | §31-51i(b), §31-40z(b)(5) |
| DE | No statute. | Not permitted. | §709B(b)(2) |
| HI | Not permitted (allowed after conditional employment offer). | Not permitted. | §378-2.5(b) §378-2.4(a)(1) |
| IL | Not permitted for employers with 15+ employees. | Not permitted. | §15(a), §10, §10(b-10) |
| ME | Not permitted. | Not permitted (allowed after employment offer). | §600-A(2)(A), §628-A(2) |
| MD | No statute. | Not permitted. | §3-304.2(b)(1)(ii)(2.) |
| MN | Not permitted (allowed after conditional employment offer). | No statute. | §364.021(a) |
| MA | No statute. | Not permitted (allowed after employment offer). | §105A(c)(2) |
| NJ | Not permitted for employers with 15+ employees. | Not permitted. | §34:6B-14(2), §34:6B-13, §34:6B-20(1)(a) |
| NY | Not permitted to seek information on arrest history (conviction history allowed). In NYC, not permitted for employers with 4+ employees (allowed after conditional employment offer). |
Not permitted. | §296(16), §8-107(11-a)(3), §8-102, §194-a(b) |
| OR | No statute. | Not permitted. | §659A.357 |
| RI | Not permitted. | No statute. | §28-6.14-1(a) |
| VT | Not permitted until employee is deemed qualified. | No statute | §495j(a) |
| WA | Not permitted until employee is deemed qualified. | Not permitted (allowed after employment offer). | §49.94.010(1), §49.58.100 |
Sample
EMPLOYMENT/JOB APPLICATION
PERSONAL INFORMATION
Full Name: [APPLICANT NAME] Date: [MM/DD/YYYY]
Address: [APPLICANT ADDRESS] E-mail: [APPLICANT EMAIL]
Phone: [APPLICANT PHONE] Social Security Number (SSN): [SIN #]
Date Available: [MM/DD/YYYY] Desired Pay: $[AMOUNT] ☐ Hour ☐ Salary
Position Desired: [POSITION] Employment Desired: ☐ Full-time ☐ Part-time ☐ Seasonal
EMPLOYMENT ELIGIBILITY
Have you ever been convicted of a felony? ☐ Yes* ☐ No *Explain: [EXPLAIN FELONY]
EDUCATION
High School: [HIGH SCHOOL NAME] City/State: [CITY/STATE]
From: [MM/DD/YYYY] To: [MM/DD/YYYY] Graduate? ☐ Yes ☐ No
College: [COLLEGE NAME] City/State: [CITY/STATE] Period: [MM/DD/YYYY][MM/DD/YYYY]
Graduate? ☐ Yes ☐ No Degree: [FIELD OF STUDY]
Other: [INSTITUTION NAME] City/State: [CITY/STATE]
From: [MM/DD/YYYY] To: [MM/DD/YYYY] Certification: [FIELD OF STUDY]
PREVIOUS EMPLOYMENT
Employer 1: [EMPLOYER NAME] E-mail: [EMPLOYER EMAIL]
Phone: [EMPLOYER PHONE] Address: [EMPLOYER ADDRESS]
Start Pay: $[PAY AMOUNT] ☐ Hour ☐ Salary End Pay: $[PAY AMOUNT] ☐ Hour ☐ Salary
Job Title: [PREVIOUS POSITION] Responsibilities: [PREVIOUS DUTIES]
From: [MM/DD/YYYY] To: [MM/DD/YYYY] Reason For Leaving: [EXPLAIN TERMINATION]
Employer 2: [EMPLOYER NAME] E-mail: [EMPLOYER EMAIL]
Phone: [EMPLOYER PHONE] Address: [EMPLOYER ADDRESS]
Start Pay: $[PAY AMOUNT] ☐ Hour ☐ Salary End Pay: $[PAY AMOUNT] ☐ Hour ☐ Salary
Job Title: [PREVIOUS POSITION] Responsibilities: [PREVIOUS DUTIES]
From: [MM/DD/YYYY] To: [MM/DD/YYYY] Reason For Leaving: [EXPLAIN TERMINATION]
REFERENCES
Name: [REFERENCE NAME] Relationship: [REFERENCE RELATION]
Company: [REFERENCE EMPLOYER] Title: [REFERENCE TITLE]
E-mail: [REFERENCE EMAIL] Phone: [REFERENCE PHONE]
Name: [REFERENCE NAME] Relationship: [REFERENCE RELATION]
Company: [REFERENCE EMPLOYER] Title: [REFERENCE TITLE]
E-mail: [REFERENCE EMAIL] Phone: [REFERENCE PHONE]
MILITARY SERVICE
Are you a veteran? ☐ Yes ☐ No Branch: [MILITARY BRANCH]
From: [MM/DD/YYYY] To: [MM/DD/YYYY]
Discharge Rank: [MILITARY RANK] Discharge Type: [DISCHARGE TYPE]
If not honorable, please explain: [EXPLAIN DISHONORABLE DISCHARGE]
DISCLAIMER
If asked, are you willing to consent to a background check? ☐ Yes ☐ No
The applicant understands that this is an Equal Opportunity Employer who is committed to excellence through diversity. To ensure this application is acceptable, please complete the application fully in order for it to be considered. Please complete each section EVEN IF you decide to attach a resume.
I, the applicant, certify that my answers are true and honest to the best of my knowledge. If this application leads to my eventual employment, I understand that any false or misleading information in my application or interview may result in my employment being terminated.
Employee Signature: Date:
Print Name: [EMPLOYEE NAME]
Employment/Job Application (No Conviction/Salary History) – Collects an applicant’s information and references, but does not inquire about previous wages or convictions.