Public employers may not ask about individuals’ criminal histories on an initial job application. No employer or licensing agency may question an applicant about sealed convictions unless “the question bears a direct and substantial relationship” to the desired position, and the applicant may not be questioned at all about sealed non-conviction records.
Licensing agencies are required to publish a list of all criminal offenses that “shall” be disqualifying, and a list of offenses that “may” be disqualifying that must be “”directly related” to the licensed profession. A Certification of Qualification for Employment lifts automatic bars to both employment and licensure, and it creates presumption that an individual is qualified. Individuals may request a preliminary determination from a licensing board about whether their conviction will disqualify them from obtaining a license, and the determination will be binding unless the person’s convictions differ from what was included in the request. If a conviction is directly related to the licensed occupation, the board must still consider certain standards linked to public safety, may not deny after a period of either five or 10 years depending on the offense, and in the event of denial must provide procedural protections including written reasons and a hearing.
