HB12-1263 - Reduce Barriers To Employment Criminal Records

Passed/Signed into Law
Concerning Reducing Barriers To Employment For People With Criminal Records.

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.

Latest update: May 29, 2012
05/29/2012 Governor Action - Signed
05/25/2012 Signed by the President of the Senate
05/25/2012 Sent to the Governor
05/24/2012 Signed by the Speaker of the House
05/09/2012 Senate Third Reading Passed
05/09/2012 House Considered Senate Amendments - Result was to Concur - Repass
05/08/2012 Senate Second Reading Special Order - Passed with Amendments
05/04/2012 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole
04/11/2012 Senate Committee on Judiciary Witness Testimony and/or Committee Discussion Only
03/20/2012 Introduced In Senate - Assigned to Judiciary
03/20/2012 House Third Reading Passed
03/19/2012 House Second Reading Passed with Amendments
03/13/2012 House Second Reading Laid Over Daily
03/08/2012 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
03/07/2012 House Committee on State, Veterans, & Military Affairs Lay Over Amended
02/07/2012 Introduced In House - Assigned to State, Veterans, & Military Affairs