An executive order prohibits state agencies from asking about criminal histories on initial job applications unless conviction would automatically disqualify the applicant. While state employers may ask applicant about their criminal history during an interview, neither public nor private employers or licensing entities may ask about or consider expunged (sealed) convictions. And, neither employers nor licensing entities may consider juvenile adjudications as arrests or convictions.
Licensing entities may not deny a license application because of a conviction unless the offense 1) is “substantially related” to the duties and responsibilities of the lessened occupation; and 2) poses “a reasonable threat to public safety.” In considering whether a conviction is diqualifying a licensing entity must make an individualized determination considering a series of factors relating to the individual’s offense and subsequent rehabilitation. Certain records may not be considered, inclujding convictions for non-violent offenses after five years with no intervening convictions. Individuals may request a preliminary determination as to whether their criminal history may disqualify them from obtaining a license, a decision that is binding on the agency, and agencies must report annually to the legislature on the number of applications received from people with a criminal history and their disposition.
