Public employers may not ask about individuals’ criminal histories until after an initial screening, and thereafter must consider a variety of militating factors in reaching a decision, including seriousness of offense and time elapsed since it occurred. A judicial “certificate of employability” or a pardon may facilitate employment or licensure.
Licensing agencies may not reject an applicant if a conviction does not directly relate to the occupation or profession. Individuals may request a preliminary determination about whether their criminal history will be disqualifying, and the agency must provide written notice justifying a negative decision. Prior to denying an application or refusing to renew a license, the board must provide the individual written notice of its intention with a justification, and offer an opportunity for an appearance before the board. In the event of denial, the board must provide written reasons and the earliest date the individual may reapply. An individual may appeal the board’s determination to chancery court, where the board must “demonstrate by a preponderance of the evidence that the individual’s… conviction is related to the applicable occupation, profession, business, or trade.”
