Generally, potential employers should not ask whether you have been arrested but may ask about whether you have ever been convicted of a crime. However, some states limit these questions to certain types of crimes and recent convictions. The Equal Employment Opportunity Commission notes that Title VII of the Civil Rights Act of 1964 prohibits employers from treating people with similar criminal records differently because of their race, national origin, or another Title VII-protected characteristic (which includes color, sex, and religion). Furthermore, Title VII prohibits employers from using policies or practices that screen individuals based on criminal history information if: They significantly disadvantage Title VII-protected individuals such as African Americans and Hispanics; AND They do not help the employer accurately decide if the person is likely to be a responsible, reliable, or safe employee. For more information on ways that employers can use your criminal history see our criminal records page.