That will be up to the employer. It may also be affected by the age of the conviction, the nature of the conviction, state law, and whether or not they're a member of a racial or ethnic group for which the EEOC may view the use of criminal records as a subtext for unlawful discrimination.

One way or the other, the person should explore whether he or she is eligible for expungement or a similar remedy in the state in which conviction occurred.