Consult with your own legal advisors for your particular circumstance. There are laws in some states that limit or restrict employers from making adverse employment decisions based solely on a criminal history. Likewise, the Equal Employment Opportunity Commission (EEOC) issued guidance in 2012 on the Equal Employment Opportunity Act, and on the use of criminal and arrest records to recommend that employers do not automatically disqualify an individual based solely on criminal history as potentially being in violation of the Act. While the guidance is not law, the EEOC recommends specific factors employers weigh when assessing whether the existence of a criminal record is sufficient for job exclusion.