Public employers may not conduct a background check until an applicant is determined to be a finalist or a conditional offer is made. Thereafter, certain records may not be the basis for denial ((non-conviction records; pardoned, sealed, or expunged convictions; or convictions subject to a collateral relief order) and detailed standards apply to determine whether the conviction is “directly related” to the job. Employers are also specifically prohibited from considering conduct underlying the conviction. Private employers with more than ten employees may not ask about individuals’ criminal histories on an initial job application, but thereafter are not subject to any limits on what records may be considered.
Licensing entities may not deny individuals an occupational or professional license based on a conviction within three years unless it is “directly related” to the license, based on threat to public safety. They are also prohibited from denying a license based on non-conviction records; pardoned, sealed, or expunged convictions; or convictions subject to a collateral relief order. Preliminary consideration process available, as well as conditional licenses. Vague “character” language deleted from standrards. Procedural protections include pre-decision notification, detailed grounds for denial based on public safety concerns, right to appeal and notice of earliest date of reapplication. The General Assembly periodically reviews agency licensing and certification processes to determine whether a record of disqualification based on criminal history serves the public interest.
Landlords reviewing rental applicants may not consider arrest records or records of convictions more than five years before the application, except for convictions and deferred judgments for certain drug, sex, homicide, and stalking offenses.
