Depending on the state in which you operate your business, there may be questions about criminal convictions on the employment application. There may also be questions asking the applicant if she is awaiting trial. Don't be too quick to bypass a candidate with a conviction or pending trial for two reasons: One is that many employers feel that if someone admits to a mistake, makes no excuses for what they did, is remorseful, and is making a true effort to turn her life around, she deserves a second chance. Second, the behavior that resulted in the conviction may have nothing to do with the job duties and may not affect your other employees. This isn't meant to advocate the hiring of convicted criminals; it's just a reminder that every circumstance is unique and a good candidate is worth the inquiry.

If you interview an applicant who indicated “yes” to questions about trials or convictions, do not ask about it just yet. If she brings it up first, then you may discuss it. Otherwise, if this person is one of your top choices and you are considering hiring her, call her in again and say that you need more information about the conviction. At this point, she is a top contender for the job and you do need to know the details about a conviction. It's best to get this in writing by preparing a form that asks for their name, the place and date of the conviction, a brief description of what happened, and a place to sign. Don't make any promises afterward, just thank them for filling out the form and let them know that you will be making a decision soon.

The details of an applicant's conviction should not be revealed to anyone at the company. Just like any other personal matter, it's not open for discussion unless the person involved brings it up if she is hired. You do have an obligation to provide a safe work environment for your employees and make a reasonable effort to staff it accordingly. Have confidence in the hiring decisions that you make.