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Licensing agencies must report to the legislature on the number of applications received from and granted to persons with a criminal record.įair Employment and Housing Act (FEHA) prohibits pre-employment inquiry into criminal history by public employers and private employers with five or more employees until after a conditional offer has been made. Applicants may petition a licensing agency for a preliminary determination about whether a prior conviction will be disqualifying, and licensing agencies may also issue “provisional licenses” to otherwise qualified applicants.
#Felony conviction records florida license
The agency must also determine that the conviction “specifically and directly relates to the duties and responsibilities of the occupation” (except for serious and violent offenses) and “the person, based on the nature of the specific offense that the person was convicted of and the person’s current circumstances, “is more likely to reoffend by virtue of having” the license than not. To disqualify an applicant with other convictions, a licensing agency must determine that there is a state interest in protecting public safety that is superior to the applicant’s right to a license. Licensing entities may not consider non-violent misdemeanor convictions, non-conviction records, less serious felonies, and felonies more than seven years in the past that have been set aside (except for serious and violent crimes). The law does not explain this standard or provide for its enforcement. Public employers, moreover, may disqualify an applicant because of a conviction only if “the offense has a reasonable relationship to the functions” of the desired employment.
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An executive order prohibits most public employers from asking individuals about their criminal history on an initial job application.