Employers may not inquire into an applicant’s criminal history during the initial stage of the employment process. Questions regarding criminal history may not be on the employment application form. Inquiries into criminal history can only be made after the applicant has attended their first interview, or if there is no interview, after the applicant has received a conditional offer of employment.
(1) It is an unlawful practice for an employer to exclude an applicant from an initial interview solely because of a past criminal conviction.
(2) An employer excludes an applicant from an initial interview if the employer:
(a) Requires an applicant to disclose on an employment application a criminal conviction;
(b) Requires an applicant to disclose, prior to an initial interview, a criminal conviction; or
(c) If no interview is conducted, requires an applicant to disclose, prior to making a conditional offer of employment, a criminal conviction.
(3) Subject to subsections (1) and (2) of this section, nothing in this section prevents an employer from considering an applicant’s conviction history when making a hiring decision.
(4) Subsections (1) and (2) of this section do not apply:
(a) If federal, state or local law, including corresponding rules and regulations, requires the consideration of an applicant’s criminal history;
(b) To an employer that is a law enforcement agency;
(c) To an employer in the criminal justice system; or
(d) To an employer seeking a nonemployee volunteer.