Do you know how to rescind an offer of employment based on an arrest record, as opposed to a criminal conviction? While it’s not unlawful to consider an arrest record, the Employment Opportunity Commission (EEOC) takes the position that an arrest record should not be considered because it may have a disparate impact on prospective minority employees. And when it comes to criminal convictions, the EEOC takes the position that you should be careful about considering convictions unless it’s truly job related and there is no disparate impact on minority employees. For example, it might be reasonable not to extend an offer to someone who had a fraud conviction who’s going to be working with money. “But if there’s a person who’s going to be working with school children and he has an arrest record (but wasn’t convicted) for indecency with a child, that creates a gray area. But as an employer, you want to avoid a negligent hiring or retention claim that could be filed against you because of the employee you hired.â€