Key Takeaways
- Employers must wait until after a conditional offer of employment inquire about criminal history.
- There are a variety of positions that are exempt from the law.
Who does this effect?
Because the law is silent on coverage, employers should consult with counsel to determine whether the law applies to their screening processes.
What does the law provide?
- Criminal history information can be sought after a conditional offer of employment.
- The law does not prohibit an employer from notifying applicants in writing of the specific offenses that will disqualify an applicant from employment in a particular position.
Are there any exceptions
Does not apply to positions where, among others, employers are required to exclude applicants with certain convictions from employment due to local, state or federal law or regulation; or a standard fidelity bond or equivalent is required and a conviction of one or more specified offenses would disqualify the applicant from obtaining such a bond. Employers should consult with their to see if they are otherwise exempt from the law.