Effective November 10, 2018: All employers (regardless of size) in the U.S. Virgin Islands are prohibited from asking an applicant or any other person to disclose information regarding:
- an arrest that did not result in a conviction,
- a referral to, or participation in, any pretrial or post-trial diversion program, or
- a conviction that has been judicially dismissed or ordered sealed.
The law also prohibits employers from considering such information, if known, when making not only hiring decisions, but also promotion, selection for training, or termination decisions as well, extending restrictions far beyond the hiring process.
As opposed to many other Ban the Box laws though, the Virgin Islands law does not prohibit inquiries about convictions that have not been ordered sealed or dismissed. As such, employers may ask about criminal convictions of record when inquiries are job-related and consistent with business necessity, as long as they consider the nature and gravity of the offense, the time that has passed since the offense, and the nature of the job sought.
