Interview Question: Have You Ever Been Arrested? / by kevin murray

At any given job interview, all sorts of unexpected and unanticipated things may occur, of which, one of them may be inappropriate or illegal questions.  For instance, there are some job application forms and job interview questions to which one of the illegal questions that is asked is whether or not you have ever been arrested.   The assumed point of a question like this is to separate out applicants that have been arrested from those that have not been arrested and/or to count against the interviewee an arrest incident in their overall application grade.  While those that have never been arrested might even prefer seeing this type of question asked, that is hardly fair to those that march to the beat of a different drummer, come from a different environment, been harassed, unlucky, or various other reasons why their susceptibility of being arrested would be appreciably higher than someone else's.

 

For those that have actually been arrested, and really aren't aware of the inappropriateness and illegality of the question being asked, the bottom line is it is up to that person's conscience as to how to answer the question.   In general, unless you feel somehow that the question is a question striking at the heart of your integrity and thereby by admitting to something that really did happen, you feel will somehow garner points with the interviewer as demonstrating your candor in an uncomfortable situation, by all means answer the question honestly.  However, in almost every other instance, you are far better off answering the question by denying your arrest, as there is no such thing as being "convicted of the crime of being arrested".  That is to say, if your arrest did not lead to a conviction, than you have absolutely nothing to own up to.

 

The most significant problem with inappropriate interview questions is that almost always these questions are a form of trying to get you to "make a case against yourself" which is completely and fundamentally at odds with the whole purpose of having the Constitutional right not to self-incriminate and is often best left in the hands of you and God, or to be confessed as a form of contrition to God's representative on earth.  In addition to this, asking interviewees questions about their arrest record are unfairly biased against both males and those of lower socio-economic levels because these people are historically significantly more susceptible to being arrested in the first place.  Not only that, people that are willing to rail against the system in protest for whatever injustices that they perceive and have felt around society, are far more susceptible to being arrested, yet it is exactly those people, that help to cause and implement positive change.

 

If you look at the great heroes of history, such as Jesus the Christ, Dr. Martin Luther King, Jr., Mahatma Gandhi, Mother Jones, and Nelson Mandela, to name just a few, they all stood for justice and truth against the forces of injustice and error and were all arrested for their stand or even worse.  The question put forth: have you ever been arrested is fundamentally unsound, as that question by itself divides neither the sheep from the goats; the real question to ask is whether you have ever stood up for justice, knowing that by doing so, you would suffer for it.