An arrest that is returned in a criminal record that does not have the disposition is still just an allegation that the individual was involved in behavior considered illegal.

For a company to base a hiring decision on the arrest, the company must examine the circumstances of the arrest to decide whether the record of arrest truly reflects the applicants conduct at that time.

Also, the company must show that this is a business-related necessity. The conduct for which the applicant was arrested should be related to the position in question.