North-Dakota-Employment-Licensing

Public employers may not ask about criminal record until an applicant has been selected for an interview, but thereafter no procedural standards and substantive criteria guide the employer’s decision-making.  Occupational, professional and business licenses may not be denied because of a conviction unless: 1) the offense has a “direct bearing” on the applicant’s ability to serve the public in the desired position; or 2) the applicant is not sufficiently rehabilitated.  Five years without a subsequent conviction is “prima facie” evidence of rehabilitation.  If a person is denied a license based in whole or in part on conviction, the licensing agency must provide a written statement specifying the reasons for denial and the evidence relied upon, and an opportunity to appeal the decision, including through the courts.  Pardons typically relieve mandatory employment and licensing bars, and sealed records may be made available only by court order when an entity has a statutory obligation to conduct a background check.