Fine with me. I’ll simply ask them in the interview. Or...put a new ‘box’ on the application; Have you ever been arrested and jailed? If yes, specify.
Once they "band the box", the next step will be to ban consideration of criminal records for jobs where the GOVERNMENT thinks it should not matter.
Observe how leftists work gradually but steadily. Striking down states laws against sodomy has led in a short period of time to federal recognition of gay marriage. Now the frontier has moved to the "transgendered".