OFCCP has basically adopted EEOC's approach to the use of criminal records in selection decisions. In essence, both OFCCP and EEOC strongly encourage employers to limit the use of criminal records in selection decisions. EEOC has provided guidelines for when and how these records should be used that you may want to review. OFCCP's guidance on this subject can be found at http://www.dol.gov/ofccp/regs/compliance/directives/Dir306_508c.pdf. There are several simple actions to consider in record to the use of criminal records. First, there should be a clear rationale for the consideration of criminal records at any point in the selection process. Second, companies should consider removing questions about criminal records from application forms that are completed early in the selection process. In many situations, it may be best to wait to check on a candidate's criminal records until a formal background check is done at the end of the selection process.