>>prosql+(OP)
And the hypothetical employer's answer to that question, in the model proposed by GP commenter, would be
"I did all that was permitted by law, which of course did not include my right to access information on fully served criminal sentences", and thus the employer be rightfully exempt from liability.
If, as I understand is the case in the USA, employers are allowed to retrieve the potential criminal record of prospective employees after they have served their sentence, that's where one could argue the employer could be criminally liable for future wrongdoing by their employee.