State employers and licensing agencies may not disqualify a person based on a prior conviction but must consider the relationship of the crime to the job/license, information pertaining to rehabilitation, and time elapsed since conviction. A certificate of rehabilitation presumes rehabilitation. A state employer may ask about criminal record only after an applicant has been “deemed qualified.” Private employers may not ask about criminal record on an initial application. If a conviction is used as a basis for rejection, the applicant is entitled to written reasons. Employers and licensing agencies may not inquire about or consider non-conviction records or convictions that have been erased.
In 2022 a number of changes were enacted affecting licenses subject to the jurisdiction of the Department of Public Health, provided that criminal record could not be a basis for denial of some licenses, prohibiting summary action against certain other license holders, and establishing a substantial relationship standard for all other licenses. This law also inserted a provision for a binding preliminary determination inserted into various licensing statutes.
