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They may not consider non-conviction records, convictions that were dismissed or sealed, or misdemeanors that did not carry a prison sentence. Non-conviction records may not be the basis of an adverse decision. If you were denied a job or apartment because of your background check, fill out the form on this page. Agencies are also directed to ensure that applicants have an adequate opportunity to appeal a denial. In many states, employers are not legally permitted to inquire about arrest records or hold them against job candidates. Roughly 92 percent of all employers conduct criminal background checks, according to the Equal Employment Opportunity Commission. Licensing boards may reject an application due to a criminal conviction only if 1) it was for a felony or violent misdemeanor and 2) there is public safety risk. Effective in 2022, a licensing agency must notify an applicant before making final determination, detailing grounds for denial based on their record and informing them of their right to provide additional evidence relevant to disqualifying factors, of their right to appeal an adverse decision, and of the earliest date of reapplication. 775.15. The National Institute of Justice reports that one-third of all Americans under age 23 have been arrested. In 2022 a number of changes were enacted affecting licenses subject to the jurisdiction of the Department of Public Health, provided that criminal record could not be a basis for denial of some licenses, prohibiting summary action against certain other license holders, and establishing a substantial relationship standard for all other licenses. Federal law and the laws of many states place some limits on how employers can use these records in making job decisions. In general, employers can follow these protocols: Do not deny employment based on arrest records unless: the arrest lead to a conviction; the arrest took place recently; the alleged crime would affect the job or position; Criminal history cannot be considered if: the record was expunged, sealed, or dismissed Licensing agencies may only consider criminal records that are specific and directly related to the duties and responsibilities for the licensed occupation when evaluating applicants, as determined by a multi-factor test. You will need to read your state law concerning reporting arrests and convictions. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Public employers may not ask about an applicants criminal history until they determine the applicant meets minimum employment qualifications, but there is no similar restriction that applies to private employers. Public employment and occupational licensure may not be denied based on conviction unless it directly relates to the position or license at issue. To withdraw an offer based on criminal record, they must provide in writing a substantial, legitimate, nondiscriminatory interest, considering several factors. A conviction is not a bar to occupational licensure unless it directly relates to the occupation, and a pardon removes any such bars. Illegal firing generally occurs when a person is fired in a discriminatory manner, such as being fired due to race, sex, disability or age. The General Assembly periodically reviews the agency licensing and certification processes to determine whether a record of disqualification based on criminal history serves the public interest. Sealing or expunging can either remove a record from public view or have it destroyed entirely. 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.