Public employers may not disqualify applicants based on a conviction unless it “is reasonably related” to their competency to perform the job. In addition, an executive order prohibits executive branch employers from asking individuals about their criminal history on an initial job application. There is no law that restricts how private employers may consider criminal records.
As of 2020, licensing agencies are subject to a “direct relationship” standard. Certain serious crimes are per se directly related, but otherwise this is determined by a multi-factor test. Applicants may apply for a preliminary determination that is binding on the agency. If a person is denied a license they have a right to a hearing and written findings addressing each factor on which the agency relied, sufficient for a reviewing court, and the agency has the burden of proof. Teachers, health professionals, certain real estate professionals, and a few others are exempted.
