Public and private employers may not discriminate in hiring based on criminal records, may not consider non-conviction records, and must make individualized determination when considering other types of records that the record has a direct and adverse relationship with the specific duties of the job that may justify denying the applicant the position, considering various criteria. Public employers may not ask about criminal history for unclassified state service positions until after interview or conditional offer. General standards are provided for decisions thereafter relating to time elapsed since crime, its severity, and relationship to employment. Protection is provided from negligent hiring liability.
Licensing agencies may not deny a licence based on a conviction unless it is “directly related” to the licensed profession, tested against specified factors. A 2022 law establishes a binding predetermination procedure and standards, and requires written reasons and an opportunity to appeal. The list of exempt agencies in both cases was substantially cut back so that now only gaming-related licenses are exempt. Expunged records are available only to licensing agencies that are exempt.
Housing providers are required to disclose whether they consider criminal history prior to accepting a rental application fee.
