Public employers may not ask about an applicant’s criminal history until they determine the applicant meets minimum employment qualifications, but there is no similar restriction that applies to private employers. Employers and licensing agencies may not ask job applicants about sealed juvenile or non-conviction records.
Under a 2024 law, most of the state’s licensing boards may deny a license only if the conviction “directly and specifically relates” to the license at hand, if the applicant obtaining the license “would pose a direct and substantial risk to public safety because the individual has not been rehabilitated,” and if the applicant has been convicted of a “potentially disqualifying” violent or sexual offense. Individuals may seek a preliminary determination from a licensing agency as to whether their conviction would disqualify them from obtaining a license, and if denied the board must respond in writing with reasons, and the individual may appeal. Licensing board policies and performance are subject to annual legislative review.
