HB 5701, which would apply to employers with 15 or more employees, may continue to do background checks on applicants and ask in interviews about criminal history, but it would not be allowed on the application itself.
However, there are exceptions to the bill:
- An employer who is prohibited by state or federal law from hiring someone with a criminal history will be exempt.
- An employer may notify applicants up front if specific criminal offenses will disqualify them from employment due to the employer’s own policy. For instance, if a retailer has a strict policy that it does not hire anyone who has been convicted of retail theft in the last 5 years they may notify all applicants of this policy.