This is a thorny issue. Some types of employment in the federal and state government or other limited areas of private sector employment can legitimately ask for all such information (anything to do with law enforcement, government defense contracts, certain healthcare employment, and transportation jobs). And employers may be able to discover this information from 3rd parties. Generally however under EEOC policies you should not be asked about, ?adjudication withheld in a criminal offense including felony, misdemeanor, or traffic (such as DUI, Reckless Driving, etc.),? because many minorities more often then others will get arrested or charged with crimes they did not commit, are not guilty of, or with traffic citations and therefore they are impeded from employment based upon supposition. As a general principle I personally think this is wrong. But my personal opinion may not rule the day if push came to shove. Nevertheless, if it was me I would probably honestly answer what I knew the employer could find out through official or unofficial means. I would also report it anonymously to the EEOC that such questions are being asked on an employment application and see if they are interested in policing it. While I do not want to advocate lying on an employment application, the other practical consideration to keep in mind is that there are no requirements that employers tell you the truth, you do have some privacy rights, and in the face of not getting hired when the only consequences should they find out that you will be fired you should therefore let your conscience be your guide.
Answered on May 15th, 2013 at 7:55 AM