[flensortow]

In the US, most states ban the use of an arrest that did not lead to a conviction for the purpose of excluding you for employment.

Many states limit how far you can go back in considering convictions. I believe California allows background checks to look at seven years of history.

[Spooky23]

Those bans come with loopholes that you could drive a bus through.

You can determine from free public records search that somebody has an arrest without even knowing what it is, and people use that to filter folks all of the time.

[flensortow]

Yes, you can illegally discriminate in hiring if you choose to. Most major companies are very careful not to do this. In every case I have had a background check done on me I have asked for the company doing the check to send a copy and in every case the report sent to me certainly appeared to be following the law (the reports explicitly mention how far back they are reviewing).

[sjg007]

You can but the background check is after an offer of employment and given the fair credit reporting act they have to tell you why they rejected you.