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[quote=Anonymous][quote=Anonymous]Arrestee?  You could get arrested for anything in error.  Is that even a real thing?  You don't need to tell people if you have been arrested, only if you have a record.[/quote]

The employer actually [i]could[/i] ask if an applicant if he's ever been arrested.  Arrestees are not a protected class.  It's unclear whether OP's employer asked about arrest records.  If they only asked about convictions, then this applicant wasn't obligated to disclose.  Having said that, once the employer finds out about the arrest, they can easily decide not to hire him.  Their call.

Bottom line, do speak with a lawyer.  I don't think the concern is whether it's legal not to hire him because of the arrest.  That's fine.  The bigger question is whether it's good practice to discuss it with them and then for any reason whatsoever you decide not to hire him.  If he feels wounded or angry about it, he could then try a discrimination claim relating to a protected class.  Even if it's not true, doesn't have a good basis, and he's unlikely to win, it's still a hassle/cost/reputation issue to deal with.

As an attorney (not an employment attorney) who does hiring, I'm not sure I'd ask him about it directly.  I'd still consider him for the job if he was otherwise qualified.  You say he has a good work history and performance--how much does it relate to what he'd be doing for you?  If it translates, I'd strongly consider him.  It all comes down to whatever other candidates you have.  [/quote]

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