Employment Workplace Discrimination For Criminal Record In Maricopa
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Unfair and Discriminatory Hiring Practices That Go Unnoticed Discrimination Based on Sexual Orientation or Gender Identity. Unconscious Bias in Resume Screening. Nepotism. Racial Discrimination. Salary History Inquiries.
On January 1, 2023, A.R.S. Section 13-911 went into effect, which allows for certain individuals with criminal records to seal those records from public view. Previously, Arizona only allowed conviction “set-asides” but not expungements or record sealings.
For example, asking only people of a certain race about their financial histories or criminal records is evidence of discrimination.
If a criminal background check is conducted but doesn't relate to the nature of the job, the applicant might make a legal claim for discrimination or argue that the information obtained cannot be used when making hiring decisions.
Is Arizona a Felony-Friendly State? The decision to no longer inquire about criminal history on job applications in Arizona, has made them one of the 35 states that “Ban the Box.” This means that Arizona employers can no longer ask an applicant about their criminal history on a job application.
Depending on where you live, there may be ways to conceal your criminal record from background checks, such as through expungement or sealing. These processes and eligibility requirements vary by jurisdiction, so it is best to contact an expungement or sealing attorney in your state to see your eligibility.
Understanding red flags in a candidate's report A "red flag" in a background check could be any number of things. It might be a criminal record or a discrepancy between someone's resume and reality. Sometimes, those anomalies are simple mistakes; other times, they reveal that a candidate wasn't entirely truthful.
To request public records of the Superior Court or Judicial Branch in Maricopa County as defined by Arizona Supreme Court Rule 123 (Public Access to the Judicial Records of the State of Arizona), please email PublicRecords@jbazmc.maricopa.
Unfortunately, there is no pure expungement in Arizona. Setting aside a conviction is Arizona's version of expungement, but it does not completely delete the conviction from your record like pure expungement does. Arizona law considers keeping convictions part of your record a matter of public protection.