HB412 Summary

• Prohibits employers and hiring authorities from inquiring about or considering an applicant's conviction history until after a conditional job offer is made, except when the conviction is directly related to the position sought.

• Prohibits licensing authorities from inquiring about or considering an applicant's conviction history until after the applicant is found otherwise qualified for a license, except when the conviction is directly related to the occupation sought.

• Restricts use of certain criminal records including arrests without conviction, sealed or expunged convictions, and misdemeanor infractions for which no jail sentence may be imposed.

• Requires employers to retain hiring records for a minimum of three years and maintain statistics on background checks, conditional offers, and notifications regarding disqualifying convictions; requires the Department of Labor to enforce provisions and conduct compliance audits.

• Establishes penalties beginning January 1, 2018 of up to $1,000 for first violations and $2,000 for subsequent violations; allows individuals to bring civil actions for damages, injunctive relief, and attorneys' fees; becomes effective January 1, 2017.