Use Of Criminal Convictions In Employment

Criminal conviction - effect on public employment - conditional licenses sunset reviews. Under current law, a criminal conviction alone does not disqualify a person from public employment except for specified positions and employers. The act adds the department of revenue as an employer that can disqualify a person with a criminal conviction.

Current law directs a state or local agency, when deciding whether to issue a license or permit, to consider an individual's criminal record in determining whether the individual is of good moral character. The act changes the determination to consider whether the individual is qualified and adds to the factors that an agency considers whether the applicant will be directly responsible for the care of individuals susceptible to abuse or mistreatment.

The act also prohibits a state or local agency from taking adverse action concerning a license or permit or not extending an offer of employment if an individual has been arrested but not charged, or has been convicted but pardoned, had the conviction record sealed, or had a collateral order entered concerning the conviction.

The act also authorizes the department of regulatory agencies (department) to issue a conditional license to a person who has a criminal conviction and requires the department to delete and keep confidential the conditional designation if the person has no subsequent conviction when applying for renewal or within 2 years unless the department determines that the conditional designation remains necessary.

For sunset review hearings conducted on and after November 1, 2018, after review by the department, the act requires the collection of data concerning licensing and registration action taken due to specified criminal justice actions.

(Note: This summary applies to this bill as enacted.)