Within the last five years, employers have been under increased scrutiny, especially when they require criminal background checks during the hiring process, Daniel Masakayan of law firm Sheppard Mullin Richter & Hampton LLP writes in JD Supra Business Advisor. The article summarizes recent legal trends regarding criminal background checks in the employment context and suggests in “ban the box” jurisdictions, the safest policy for employers who wish to obtain criminal background checks during the hiring process is to not ask about criminal history until after the conditional offer of employment is made.