Good question Andy Lagore ! These decisions are left up to the rules or state laws where employers operate and do business.

Most states have laws that ban the use of an applicants arrest history that don't lead to convictions during the hiring process.

Other states allow the use of arrest records with no conviction records, but do not allow employers to automatically exclude individuals from employment based on their previous arrest records.

Check your state laws and see which, if any of these, apply to your particular situation. Good Luck!