While many jurisdictions allow the reporting of arrest records to be included as a part of an employment background check some states and municipalities restrict them entirely. An arrest record is simply the report of the arrest of an individual without further disposition information.

Guidance from the EEOC states that an employer can not use arrest records alone to deny or terminate employment.  

However, EEOC guidance does permit employment decisions to be made based upon the conduct underlying the arrest.

Following these 3 steps will help you remain compliant: 

1. The employer must determine that the underlying conduct may be relevant to and may make the candidate unfit for the position.
2. Conduct an individualized assessment and take the three Green Factors into careful consideration.
3. The employer can then make a decision and hire/promote/retain the candidate or move forward with the proper adverse action notifications.

These three steps can help you comply with the FCRA and relevant EEOC guidance. If you do not have policies in place to support this type of decision making process consult legal counsel and always build your foundation on solid best practices.