Public employers are prohibited by statute from asking about applicants’ criminal histories until a candidate has been interviewed; additional requirements are imposed by executive order. Employers may not ask about expunged non-conviction records, and applicants are not required to disclose them.
Licensing agencies may not reject applicants based on a conviction unless it is “directly related” to the occupation, and may not deny licensure based on vague “good moral character” language. There is a lengthy list of specific criteria for determining direct relationship, but no provision for administrative enforcement. In case of denial, agencies must inform applicants how their criminal record led to denial, and how they considered the “:direct relationship” criteria. There is a binding “predetermination” process.
