HB 765

Abstract

Amends the Criminal Identification Act. Provides that the record of an arrest or criminal charge which did not result in a conviction may not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification or licensure, or registration. Provides that employers may not ask if an applicant has been the subject of an arrest or criminal charge which did not result in a conviction. Provides that an employer who by means of an inquiry made to the applicant or an employment application form, which fails to comply with these provisions, obtains from an applicant information that the applicant has had records expunged or sealed or has been the subject of an arrest or criminal charge which did not result in a conviction, is presumed to have based the decision to hire or not hire the applicant on the applicant's disclosure of this information. Provides that the presumption may be rebutted by clear and convincing evidence.