CHAPTER 29. CONSIDERATION OF CRIMINAL HISTORY IN

PUBLIC EMPLOYMENT

§1701. State employment; consideration of criminal history; prohibited acts

            A. No state employer, when filling a position, may inquire, including without limitation on an initial application form, about a prospective employee's criminal history until after the prospective employee has been given an opportunity to interview for the position or, if no such interview is to be conducted, until after the prospective employee has been given a conditional offer of employment.

            B. Nothing in this Section shall be construed to prohibit a state employer from considering the criminal history of a prospective employee in making the final determination of whether to employ the person. In considering the criminal history of the prospective employee, the state employer may consider the following:

            (1) The nature and gravity of the criminal conduct.

            (2) The time that has passed since the occurrence of the criminal conduct.

            (3) The specific duties and essential functions of the position and the bearing, if any, that the criminal conduct will have on the ability of the prospective employee to perform one or more of those duties or functions.

            C. For purposes of this Section, "state employer" means any department, office, division, agency, commission, board, committee, or other organizational unit of the state.

            D. This Section applies to each position in the state unclassified service, except a position in law enforcement or corrections or a position for which a criminal background check is required by law.

            Acts 2016, No. 398, §1; Acts 2019, No. 392, §1.