Background checks - District of Columbia

Summary of differences between federal and state regulations

Arrest & conviction record inquiries

Per the Fair Criminal Records Screening Act of 2014, public employers and private employers with 11 or more employees are prohibited from inquiring at any point about an arrest or a criminal accusation that is not pending or did not result in a conviction. Employers may only inquire about a criminal conviction after making a conditional offer of employment. Certain exceptions are provided when another law requires such an inquiry.

State

Contacts

Employer immunity from disclosure claims

District of Columbia Department of Employment Services

Arrest record inquiries

District of Columbia Office of Human Rights

Conviction record inquiries

District of Columbia Office of Human Rights

Regulations

Employer immunity from disclosure claims

None.

Arrest record inquiries

District of Columbia Code 2-1402.66, Arrest records

Conviction record inquiries

None.

Federal

Contacts

Employer immunity from disclosure claims

None.

Arrest record inquiries

Equal Employment Opportunity Commission (EEOC)

Conviction record inquiries

Equal Employment Opportunity Commission (EEOC)

Regulations

Employer immunity from disclosure claims

None.

Arrest record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.

Conviction record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.