"I know an employer has a right to ask if I have a conviction. They can't ask about arrests. Can an employer refuse to hire me just because of my conviction?" asked a young woman at a support group for low-income individuals.

Elsie (not her real name) was partly right, partly wrong. And her question about convictions is applicable to an increasing number of Americans. In my early years as an employment counselor, questions regarding convictions, incarceration, parole and arrests were rare. Today, more job seekers than ever struggle with the issue. According to the U.S. Bureau of Justice Statistics, in mid-2008 some 2.3 million prisoners were held in federal, state or local custody in the U.S. That's the biggest prison population in the world. China, with 1.5 million prisoners, is a distant second, according to according to the International Centre for Prison Studies at King's College, London.

As of January 2005 these states banned the practice of asking applicants about arrests where there had been no convictions: California, Hawaii, Illinois, Massachusetts, Michigan, New York, Ohio, Rhode Island, Utah, and Wisconsin. So Elsie was at least partly correct.

Employers are much more restricted in how they use arrest information. Employer advisory organizations suggest that they avoid the arrest question even if it is technically legal. The problem does not come with asking about arrests. It becomes a concern when an employer disqualifies an applicant solely based on their answers to the arrest question.

In fact, Hawaii, Kansas, New York, Pennsylvania and Wisconsin have laws against rejecting an applicant just because of an arrest or conviction record.

The EEOC provides the following guidelines to employers upon learning that a job applicant has an arrest on his or her record:

1. Determine whether the applicant is likely to have committed the alleged conduct.

2. Consider the nature of the offense.

3. Consider the amount of time that has passed since the conviction occurred.

4. Consider how the offenses relate to the nature of the job.

Not all jobs are considered equal when it comes to evaluating arrests, convictions and background checks. An applicant seeking work as a prison guard, law enforcement officer, security positions, public school employee, health care worker and day care professional will get different scrutiny than a sales clerk, bricklayer helper or restaurant busser.

I have advised job seekers to read application questions carefully. Some panic at any question regarding offenses. Does it ask if you have ever been arrested or only if you have ever been convicted? Does it ask if you have been convicted of any crime or just a felony? Does the question specify a time period, such as within the last seven years? Does the application ask about parole or probation? These are must-answer questions and they are readily verifiable. However, if the incident in question occurred while you were a youth you should check with a law enforcement office to be sure if you have to answer. Some offenses committed as a youth are purged.

I have also advised job seekers to give "just the facts" without excess details. I told one applicant, "Don't say anything more than 'assault.' It's not necessary to tell about hitting someone over the head with a lead pipe."

I would advise Elsie and others affected by conviction issues to push the positive button. Have you gotten your GED or other beyond high school education? Are you involved in any volunteer activities? Are you involved in any rehabilitation programs such as a 12-point program? Bring with you letters of recommendation from counselors, employers or clergy.

Those in Elsie's support group mentioned employers who gave them a chance because they were in the same situation as she was. This was a familiar story to me. In my career as a job counselor, I have encountered a number of employers who did not hold a mistake against a person. This has not changed. Job seeking with a record is difficult but not impossible.

As an employment counselor I used the Federal Bonding Program to help at-risk jobseekers find employment. This program helps ex-offenders or anyone with a record of arrest, conviction or a police record by insuring the employer for any type of stealing, theft, forgery, larceny or embezzlement. Employers can receive $5,000 of fidelity insurance for a six-month period at no cost and with no deductible.

Employers or job seekers can learn about this program and locate a state bonding coordinator by calling the U.S. Dept. of Labor at (877) 872-5627 or by accessing the Federal Bonding Program Web site at www.bonds4jobs.com.