Is it legal to ask about arrests that did not lead to convictions during a job interview?

• A. Yes, always.
• B. No, not legal to ask about arrests not leading to convictions.
• C. Yes, but only for certain positions.
• D. Only after a conditional offer.

Answer: (B)

Arrests that did not lead to a conviction should not be asked about in a job interview because an arrest does not prove guilt and can unfairly bias a hiring decision. California law protects job applicants from having arrest records used to disqualify them when there is no conviction, focusing the assessment on actual proven conduct rather than unproven accusations. This helps ensure fair hiring and prevents discrimination based on a record that may have never resulted in a conviction.