Public employers and private employers with more than ten employees may not ask about or consider criminal history until a conditional offer is made. Thereafter, they may not inquire into arrests or charges that are not pending and that did not result in a conviction, and must consider specified criteria before disqualifying an applicant for employment or terminate an existing employee based on criminal record. An employer may withdraw a conditional offer of employment based on an applicant’s conviction history only for a “legitimate business reason” that is “reasonable” in light of the seven factors outlined above. The law is enforced administratively through the Office of Human Rights, but lawsuits are specifically disallowed.
Under a law enacted in 2021, occupational and professional licenses in health and most non-health-related fields may not be denied based on conviction of a crime unless it is “directly related” to the licensed occupation, as determined by a detailed set of standards. DC prohibits inquiry about a record until an applicant has been found otherwise qualified and then prohibits consideration of certain records (including non-conviction and sealed convictions), and provides procedural protections in the event of denial. The 2021 law also establishes a pre-application petition process for individuals with a record to determine their eligibility, and requires the Mayor to report annually to the Council on each board’s record.
Under a law enacted in 2017, housing providers, in considering tenants, may not consider arrests not resulting in conviction; they must make a conditional offer before considering a pending accusation or conviction from the last 7 years, and only for a listed offense. To withdraw an offer based on criminal record, they must provide in writing a “substantial, legitimate, nondiscriminatory interest,” considering several factors. Certain housing providers are excluded. Enforcement is available through the Office of Human Rights.
