(a) Before posting a vacancy announcement, a public employer shall determine if the position is a covered position.
(b) If a position is a covered position, a public employer may inquire about an applicant's criminal history at any time; provided, that the vacancy announcement includes the following statement: “This position requires a criminal background check. Therefore, you may be required to provide information about your criminal history in order to be considered for this position.”
(c) If a position is not a covered position, a public employer shall not inquire about an applicant's criminal history on the application form. A public employer may inquire about an applicant's criminal history after the initial screening of applications. If a public employer inquires about an applicant's criminal history, the applicant shall be permitted to provide an explanation of his criminal history to the public employer.
CREDIT(S)
(Mar. 3, 1979, D.C. Law 2-139, § 2042, as added Mar. 31, 2011, D.C. Law 18-340, § 2(b), 58 DCR 621.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-340, see notes under § 1-620.41.