Public employers may not inquire into an applicant’s criminal history until a final interview or conditional offer. Thereafter, they may not deny employment until they have considered whether the offense is directly related to the position sought using a multi-part test. Public employers must provide rejected applicants a written notice specifying the reasons, and an opportunity to discuss. They may not consider non-conviction records, convictions that were dismissed or sealed, or misdemeanors that did not carry a prison sentence. There are no restrictions applicable to private employers.
There is no uniform standard that applies to consideration of criminal record in licensing, though many licensing agencies apply a “direct relationship” standard. Agencies must afford potential applicants an opportunity for a preliminary determination as to whether a conviction would be disqualifying. They may but are not required (as are agencies in other states) to publish a list of disqualifying convictions. Each agency is required to submit quarterly reports to the legislature on the number of applications received, determinations of disqualification, and the reasons for each.
