There is no general law limiting consideration of criminal record in employment, but broad nondiscrimination protection for expunged and sealed offenses, including limits on reporting by background screeners. Ban-the-box is provided by executive order for executive branch employment on initial job applications, but local ban-the-box provisions are prohibited by statute, and no law covers private employers. There is negligent hiring protection for expunged and sealed offenses.
The occupational and professional licensing process is subject to extensive regulation, with licensing agencies required to 1) list “crimes that may disqualify an individual,” which must “directly” relate to the duties of the occupation; 2) consider whether to disqualify due to a “conviction of concern” pursuant to standards, and terminate the period of disqualification five years after conviction (except crimes involving sex or violence) if the person has no subsequent conviction; and 3) give written reasons for denial “by clear and convincing evidence sufficient for review by a court.” Similar requirements extend to licenses granted by units of county and local government.
