Enrolled Senate Bill (S)

Sponsored by

DIGEST

Use of criminal history information in hiring. Provides that a political subdivision may not prohibit an employer from obtaining or using criminal history information during the hiring process to the extent allowed by federal or state law, rules, or regulations. Provides that a political subdivision may not prohibit an employer, at the time an individual makes an initial application for employment, from making an inquiry regarding the individual's criminal history information or requiring the individual to disclose criminal history information. Provides that criminal history information concerning an employee or former employee may not be introduced against an employer, an employer's Use of criminal history information in hiring. Provides that a political subdivision may not prohibit an employer from obtaining or using criminal history information during the hiring process to the extent allowed by federal or state law, rules, or regulations. Provides that a political subdivision may not prohibit an employer, at the time an individual makes an initial application for employment, from making an inquiry regarding the individual's criminal history information or requiring the individual to disclose criminal history information. Provides that criminal history information concerning an employee or former employee may not be introduced against an employer, an employer's agents, or an employer's employees in a civil action based on the employee's or the former employee's conduct if: (1) the criminal history information does not bear a direct relationship to the facts underlying the civil action; (2) the records of the criminal case have been sealed; (3) the criminal conviction has been reversed, vacated, or expunged; (4) the employee or former employer has received a pardon for the criminal conviction; or (5) the arrest or charge did not result in a criminal conviction. Provides that this provision does not supersede any federal or state law requirement to conduct a criminal history information background investigation or consider criminal history information in hiring for particular types of employment. ... View more