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Rights of employees and applicants: Do not have to disclose an arrest or conviction record that has been expunged.

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Rights of employees and applicants: May not be disqualified to practice or pursue any occupation or profession that requires a license, permit, or certificate because of a prior conviction, unless it was for a felony or first-degree misdemeanor and is directly related to the specific line of work.

Rules for employers: In order to obtain a criminal record from the state Crime Information Center, employer must supply the individual's fingerprints or signed consent. If an adverse employment decision is made on the basis of the record, must disclose all information in the record to the employee or applicant and tell how it affected the decision.

Rights of employees and applicants: Probation for a first offense is not a conviction; may not be disqualified for employment once probation is completed. Rights of employees and applicants: If an arrest or conviction has been expunged, may state that no record exists and may respond to questions as a person with no record would respond. Rules for employers: It is a civil rights violation to ask about an arrest or criminal history record that has been expunged or sealed, or to use the fact of an arrest or criminal history record as a basis for refusing to hire or to renew employment.

Law does not prohibit employer from using other means to find out if person actually engaged in conduct for which they were arrested. Rules for employers: Cannot require an employee to inspect or challenge a criminal record in order to obtain a copy of the record, but may require an applicant to sign a release to allow employer to obtain record to determine fitness for employment.

Employers can require access to criminal records for specific businesses. Rights of employees and applicants: Prior conviction cannot be used as a sole basis to deny employment or an occupational or professional license, unless conviction is for a felony and directly relates to the job or license being sought. Special situations: Protection does not apply to medical, engineering and architecture, or funeral and embalming licenses, among others listed in the statute.

Rights of employees and applicants: A conviction is not an automatic bar to obtaining an occupational or professional license. Only convictions that directly relate to the profession or occupation, that include dishonesty or false statements, that are subject to imprisonment for more than 1 year, or that involve sexual misconduct on the part of a licensee may be considered. Agency guidelines for preemployment inquiries: The Maine Human Rights Commission, "Pre-employment Inquiry Guide" , suggests that asking about arrests is an improper race-based question, but that it is okay to ask about a conviction if related to the job.

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Rules for employers: May not inquire about any criminal charges that have been expunged. May not use a refusal to disclose information as sole basis for not hiring an applicant. Rights of employees and applicants: Need not refer to or give any information about an expunged charge. A professional or occupational license may not be refused or revoked simply because of a conviction; agency must consider the nature of the crime and its relation to the occupation or profession; the conviction's relevance to the applicant's fitness and qualifications; when conviction occurred and other convictions, if any; and the applicant's behavior before and after conviction.

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Rules for employers: If job application has a question about prior arrests or convictions, it must include a formulated statement that appears in the statute that states that an applicant with a sealed record is entitled to answer, "No record. Rights of employees and applicants: If criminal record is sealed, may answer, "No record" to any inquiry about past arrests or convictions. Rules for employers: May not request information on any arrests or misdemeanor charges that did not result in conviction.

Rights of employees and applicants: Employees or applicants are not making a false statement if they fail to disclose information they have a civil right to withhold.

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Rules for employers: State policy encourages the rehabilitation of criminal offenders; employment opportunity is considered essential to rehabilitation. Rights of employees and applicants: No one can be disqualified from pursuing or practicing an occupation that requires a license, unless the crime directly relates to the occupation.

Agency may consider the nature and seriousness of the crime and its relation to the applicant's fitness for the occupation. Even if the crime does relate to the occupation, a person who provides evidence of rehabilitation and present fitness cannot be disqualified. Rules for employers: After one year from date of arrest, may not obtain access to information regarding arrests if no charges are completed or pending.

Rules for employers: May obtain a prospective employee's criminal history record only if it includes convictions or a pending charge, including parole or probation. Special situations: State Gaming Board may inquire into sealed records to see if conviction relates to gaming. Rules for employers: May ask about a previous criminal record only if question substantially follows this wording, "Have you ever been arrested for or convicted of a crime that has not been annulled by a court?

Code tit. Rules for employers: May obtain information about convictions and pending arrests or charges to determine the subject's qualifications for employment.


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Employers must certify that they will provide sufficient time for applicant to challenge, correct, or complete record, and will not presume guilt for any pending charges or court actions. Rights of employees and applicants: Applicant who is disqualified for employment based on criminal record must be given adequate notice and reasonable time to confirm or deny accuracy of information.

Special situations: There are specific rules for casino employees, longshoremen and related occupations, horse racing, and other gaming industry jobs.


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  • Expunging or Sealing an Adult Criminal Record.
  • For a license, permit, or other authority to engage in any regulated trade, business, or profession, a regulating agency may consider convictions for felonies and for misdemeanors involving moral turpitude. Such convictions cannot be an automatic bar to authority to practice in the regulated field, though. Rights of employees and applicants: Upon request, applicant must be given, within 30 days, a written statement of the reasons why employment was denied.

    Rules for employers: May obtain records of convictions or of criminal charges adults only occurring in the past three years, provided the information has not been purged or sealed. Rules for employers: May not inquire into any sealed convictions or sealed bail forfeitures, unless question has a direct and substantial relation to job.

    Rights of employees and applicants: May not be asked about arrest records that are sealed; may respond to inquiry as though arrest did not occur. Rules for employers: May not inquire into any criminal record that has been expunged. Rights of employees and applicants: If record is expunged, may state that no criminal action ever occurred.

    May not be denied employment solely for refusing to disclose sealed criminal record information. Rules for employers: Before requesting information, employer must notify employee or applicant; when submitting request, must tell State Police Department when and how person was notified. May not discriminate against an applicant or current employee on the basis of an expunged juvenile record unless there is a "bona fide occupational qualification.

    Rights of employees and applicants: Before State Police Department releases any criminal record information, it must notify employee or applicant and provide a copy of all information that will be sent to employer. Notice must include protections under federal civil rights law and the procedure for challenging information in the record.

    Record may not be released until 14 days after notice is sent. Rules for employers: May consider felony and misdemeanor convictions only if they directly relate to person's suitability for the job. Rights of employees and applicants: Must be informed in writing if refusal to hire is based on criminal record information.

    What happens when I report a crime?

    Agency guidelines for preemployment inquiries: Pennsylvania Human Relations Commission. Rights of employees and applicants: Do not have to disclose any conviction that has been expunged. Agency guidelines for preemployment inquiries: South Dakota Division of Human Rights, "Preemployment Inquiry Guide" suggests that an employer shouldn't ask or check into arrests or convictions if they are not substantially related to the job.

    Rules for employers: Only employers who provide care for children, the elderly, and the disabled or who run postsecondary schools with residential facilities may obtain criminal record information from the state Criminal Information Center. May obtain record only after a conditional offer of employment is made and applicant has given written authorization on a signed, notarized release form. Rights of employees and applicants: Release form must advise applicant of right to appeal any of the findings in the record.

    Rules for employers: May not require an applicant to disclose information about any criminal charge that has been expunged. Rights of employees and applicants: Need not refer to any expunged charges if asked about criminal record. Code Ann. Rights of employees and applicants: If a conviction record is cleared or vacated, may answer questions as though the conviction never occurred.

    A person convicted of a felony cannot be refused an occupational license unless the conviction is less than 10 years old and the felony relates specifically to the occupation or business. Special situations: Employers are entitled to obtain complete criminal record information for positions that require bonding, or that have access to trade secrets, confidential or proprietary business information, money, or items of value.

    The state's website says that employers can only make inquiries about convictions directly related to the job. Consider the nature and recentness of the conviction and evidence of rehabilitation. Include a disclaimer that a conviction is not necessarily a bar to employment. Rules for employers: It is a violation of state civil rights law to discriminate against an employee on the basis of a prior arrest or conviction record.

    Special situations: Employers are entitled to obtain complete criminal record information for positions that require bonding and for burglar alarm installers. The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases. Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site.

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    Éamonn Maloney says the freezes are needed to stop Dublin from becoming a “landlords’ paradise”.

    Workplace Fairness is a non-profit organization working to preserve and promote employee rights. This site provides comprehensive information about job rights and employment issues nationally and in all 50 states. More about Workplace Fairness. To learn more about criminal records, read below: What is a criminal record?

    Trial | USAO | Department of Justice

    When are criminal records used? How can I check my criminal record? Can employers use criminal records in hiring decisions?

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