An Act To Prohibit Questions Regarding Criminal History on Certain State Employment Applications

Sec. 1. 5 MRSA §792  is enacted to read:

§ 792.  Application forms for employment

An application form for employment for a position in State Government may not include any questions regarding an applicant's criminal history except when, due to the nature and requirements of the position, a person who has a criminal history may be disqualified from eligibility for the position. For purposes of this section, "position in State Government" means a position in the legislative, executive or judicial branch of State Government or a position with a quasi-independent state entity or public instrumentality of the State. "Position in State Government" does not include a position in a school administrative unit, municipality, county or other political subdivision of the State.

summary

This bill prohibits the State from including questions about criminal history on its employment application forms. The bill provides an exception to that prohibition when, due to the nature and requirements of the position, a person who has a criminal history may be disqualified from eligibility, such as for a law enforcement officer, corrections officer, child protective or adult protective services caseworker or child development services worker position. The bill applies to state employment positions in the legislative, executive or judicial branch of State Government and positions with quasi-independent state entities or public instrumentalities of the State; it does not apply to positions in school administrative units, municipalities, counties or other political subdivisions of the State.