If an agency requires an applicant's criminal history in the hiring process, the agency may not:
- Unless a statute prohibits a person convicted of a specific crime from serving in that position, indicate that a person with a criminal record may not apply; and
- Inquire or determine the applicant's criminal history until the agency makes a conditional offer of employment.
If the applicant has a criminal conviction, the agency must consider the following factors when deciding whether the conviction disqualifies the applicant from the position:
- The nature of the conviction;
- The relationship between the conviction and the specific position for hire and the bearing, if any, the conviction will have on his or her fitness or ability to perform the duties and responsibilities;
- Any information produced by the applicant or produced on his or her behalf regarding his or her rehabilitation and good conduct; and
- The time that has elapsed since the applicant's conviction.
The bill specifies that unless the offense is specifically related to the profession being licensed and was committed within ten years of the application for licensure or unless there is a specific statutory requirement to consider an individual's criminal history when granting a state license, such a consideration is unlawful.