Section 201 – Public employer requirements.

• (1) A public employer may not exclude an applicant from an initial interview because of a past criminal conviction.

• (2) A public employer excludes an applicant from an initial interview if the public employer:
  • (a) requires an applicant to disclose, on an employment application, a criminal conviction;
  • (b) requires an applicant to disclose, before an initial interview, a criminal conviction; or
  • (c) if no interview is conducted, requires an applicant to disclose, before making a conditional offer of employment, a criminal conviction.

• (3)
  • (a) A public employer may not make any inquiry related to an applicant’s expunged criminal history.
  • (b) An applicant seeking employment from a public employer may answer a question related to an expunged criminal record as though the action underlying the expunged criminal record never occurred.

• (4) Subject to Subsections (1) through (3), nothing in this section prevents a public employer from:
  • (a) asking an applicant for information about an applicant’s criminal conviction history during an initial interview or after an initial interview; or
  • (b) considering an applicant’s conviction history when making a hiring decision.

• (5) Subsections (1) through (3) do not apply:
  • (a) if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant’s criminal conviction history;
  • (b) to a public employer that is a law enforcement agency;
  • (c) to a public employer that is part of the criminal or juvenile justice system;
  • (d) to a public employer seeking a nonemployee volunteer;
  • (e) to a public employer that works with children or vulnerable adults;
  • (f) to the Department of Alcoholic Beverage Services created in Section 32B-2-203;
  • (g) to the State Tax Commission;
  • (h) to a public employer whose primary purpose is performing financial or fiduciary functions; and
  • (i) to a public transit district hiring or promoting an individual for a safety sensitive position described in Section 17B-2a-825.

Amended by Chapter 447, 2022 General Session